Notfall in Italien
Unsere italienischen Kollegen haben sich gemeldet. Was ist geschehen? Momentan noch nicht viel, wenn man einmal davon absieht, dass auch dort vor einigen Jahren die Kostenordnung der Notare fiel. Dies hat bereits, wie in den Niederlanden, zum Wegfall von 10tausenden Arbeitsplätzen geführt.
Was jetzt angedacht ist, geht aber noch weiter. Wir haben dazu den nachstehenden Schriftwechsel, den Entwurf des Gesetzes (näheres gleich), den Entwurf des Schreibens der CPNUE ("Motion of Support") in dieser Sache und ein Schreiben zur Unterstützung der italienischen Kollegen ("Subscription") zusammengestellt.
Grob zum Gesetz (Articolo 29). Das Gesetz in Frage soll die Übertragung von Grundbesitz vereinfachen und sieht vor, bei Werten bis zu EUR 100.000 dies auch durch einen Anwalt vornehmen lassen zu können…. Und das lassen wir einfach mal so stehen. Aber wer das nachvollziehen kann, soll sich bitte melden.
Die "Subscription" für die italienischen Kollegen muss ausgefüllt und per E-Mail gesendet werden an:
Das ist das Wichtigste!!
Wir halten das für eine gute Sache – tut ja auch nicht weh. Und es wäre toll, wenn wir aus Deutschland ein Zeichen setzen würden. Uns geht es im Vergleich zu Italien (Abschaffung der Kostenordnung, Articolo 29), den Niederlanden (Abschaffung der Kostenordnung), Spanien (Wirtschaftsflaute), Frankreich (auch hier Diskussion um die Notarkosten) nämlich derzeit richtig gut. Das kann man ruhig so feststellten.
Sollten noch weitere/ergänzende Informationen gewünscht sein, werden wir selbstverständlich gerne versuchen, diese bei den italienischen Kollegen zu erfragen.
Hier nun ein bisschen Nachzulesen zum Thema:
Sent: Sunday, February 22, 2015 8:12 PM
Cc: Belgium, Germany, The Netherlands
Subject: ITALY EMERGENCY
Unfortunately, the news from Italy that we give you with this message are not good.
In Italy we stay in a bad time.
The Government has introduced a bill that - among other things - want remove some important skills to notaries to give them to lawyers and accountants.
The property purchase within the 100,000 euro and also the incorporation of companies may be authenticated by lawyers.
We are organizing to protest and we are deciding whether to do so with notaries or alone.
Depends on if they decide to meet us and in these hours we are waiting their position.
We are working on this night to decide a strategy for our Association.
We think that we necessarily need the support of the Confederation and if you feel appropriate, the Confederation could be prepared - in a short time - an official document to support Italy, in defense of the Latin notary and employees of notaries Italian.
It 's an emergency situation and must act before the situation deteriorates.
What do you think about this?
We wait your orientation about this dangerous bill.
Thank you in advance
Gesendet: Montag, 23. Februar 2015 00:16
An: Italy, Spain
Cc: Germany, The Netherlands
Betreff: Re: ITALY EMERGENCY
This is, indeed, serious.
I had our president on the phone this afternoon, and I know he is on vacation from tomorrow till next Sunday. So he will read your message not earlier then next Sunday.
I agree we should prepare urgently a document for the Italian Politics.
But may I suggest to our Italian friends, to do so in cooperation with CNUE – and I mean – CONTACT URGENTLY Dr. Paolo Pasqualis (now Vice-President of CNUE) and he will be the next president of CNUE (in 2016).
Contact him and let him know we are ready to cooperate...
I hear further from you ALL in the next few days.
Sent: Tuesday, February 24, 2015 9:50 PM
To: Belgium, Italy, Spain
Cc: The Netherlands
Subject: AW: ITALY EMERGENCY
these are alarming news. We strongly support Ludwigs approach and, like Miguel, we would like to know who “invented” this bill. There will be no improvement for the clients by implementing this bill. What is the reason for it? Does it save time? Are lawyers cheaper than notaries or better trained? In my opinion, it is hard to come to the conclusion, that the work of a civil law notary can be substituted by a lawyer/accountant. And why the distinction between EUR 100.000 and EUR 100.001? All this does not really make sense.
But who cares for sense. This situation is even worse. What I do not understand is, that they are not only taking away the tariffs from the notaries but also their expertise.
Cooperate with the notaries. That sounds reasonable. They probably knew about this new egislation anyway. At least everybody who is slightly affected is asked in our legislation process.
More information is needed (when will the bill be discussed in parliament, when will it come into force). What is the position of the notaries? So please let us know. I guess we need some sort of timeline to be able to act.
Gesendet: Donnerstag, 26. Februar 2015 02:24
An: Belgium, Germany, Spain
Cc: The Netherlands
Betreff: RE: AW: ITALY EMERGENCY
we are looking for the contact with the italian Vice President of CNUE. I will inform you about it.
We are also in contact with the institutions of notaries. With them we are looking for a common action. Notaries are in contact with CNUE also.
This proposal of bill has been written directly by the Italian Council of Ministers and its President, in other words the Italian Government.
So this is the highest possible attack by politic to notaries.
The text itself has no sense. There are contradictions and aspects incompatibil with the italian system of law and public registers. More, the 100.000 euros parameter is an absurd border to divide the transactions.
No one knows if lawyers will be able to be cheaper than notaries, and good trained at the same time.
But, all of us know that there are a lot of lawyers in the parliament, and this time, they will start the battle with the support of the Government. Very dangerous.
Over all, it's clear that there are big companies of banks and insurances ready to manage the real estate. Probably that's the real economic matter. Let's see it.
Normally, it takes some months for the bill to be discussed in the parliament, bur rumors tell that this bill will be in the parliament in less than a few weeks. There will be important regional elections in two months...
We are conscious that we need a big number of notaries and their assistants, to be able to act properly.
In the meanwhile, we have organized a general subscription among our colleagues, with the collaboration of the notaries. We ask for respect and consideration for the assistants of notaries. The goal is to meet and do pressure to the Government.
In three days we obtained over 5000 subscriptions, not bad, but we need more and more. We are working night and day for it.
This is the situation at the moment
I thank you all for your attention and care
To: Italy, Belgium, Spain
CC: The Netherlands
Subject: AW: AW: ITALY EMERGENCY
Date: Thu, 26 Feb 2015 23:30:08 +0100
thanks for the information. Is this subscription you organized an „Italian thing“, or could it also be supported by other nations? If there was a short but nevertheless detailed explanation on what is going on in Italy and how to support you, we should use the CPNUE website to make it known.
I guess that we would also be able to place it on the VDN website and ask our members to sign up for the Italian colleagues. And the others members of CPNUE could also do so. But, as said before, it needs explaining. We would need the wording of the bill and of the subscription (summarized and easy to understand). I would like to discuss this at the next board meeting this Saturday. So, is it possible to vote like described? If yes, please let me know and send the required documents.
Gesendet: Freitag, 27. Februar 2015 19:06
An: Germany, Belgium, Spain
Cc: The Netherlands
Betreff: RE: AW: AW: ITALY EMERGENCY
I talked with Mr. Paolo Pasqualis (CNUE Vice President). He agrees to contact the CNUE and reason something together.
A subscription of solidarity from the colleagues of your countries would have a big value for us. It would give more strenghtness to our action.
I think the text we are signing is a sort on Manifesto of the notary assistant, so that all of us can share for itself.
I attach: our text for the subscription, and the article of the profect of law that will be an earthquake for us.
CC: German Board Members
Subject: AW: AW: AW: ITALY EMERGENCY
Date: Sat, 28 Feb 2015 21:34:16 +0100
we will place an article in our next paper, but we would also like to have something online on the VDN website.
But how can we (our members) actually and technically vote? How did the Italians vote/subscribe? I guess some kind of online petition. There probably is no other way. So we need a link or a website that we can refer to when informing our members. They follow the link or connect to the website and can somehow subscribe. If the text on this link/website is in Italian, please translate it into English. If necessary I will make a German version of it. Is this how it works?
Another thing. I do not understand this section of your subscription:
These 40,000 workers claim the right to continue to do their jobs, claim the right to safeguard the cultural and professional who conquered "field", baggage that makes this "human capital" a great resource for a nation that wants to be a modern and competitive, therefore request a meeting with the government to represent their concern.
I just do not get the meaning of field and baggage. Sorry. Could you describe otherwise? Thanks.
CC: German Board Members
Subject: RE: AW: AW: AW: ITALY EMERGENCY
Date: Tue, 3 Mar 2015 02:00:19 +0100
I thank you all very much.
We are announcing the commitment of you, our German colleagues.
The subscription is done by printing the document, signing it, scanning the signed text, and then sending the file to our email email@example.com
I see the difficulty to understand that words "fields" and "baggage", because is an Italian figure of speech. I'll send you a document better translated.
Gesendet: Dienstag, 3. März 2015 19:33
Cc: German Board Members
Betreff: RE: AW: AW: AW: ITALY EMERGENCY
here is the document to subscribe. You can adjust and modify the English expressions if you want.
You should know one more thing. In recent days, the institutions of Italian notaries have decided to act by themselves in what is going on, without the participation of their employers. Notaries will have their meeting with the Government at the end of March.
I wonder if this is the attitude of all European notaries...
I thank you in advance