LAND REGISTRAR’S STATUS IN EUROPE

1. LAND REGISTRAR’S STATUS IN EUROPE 1 1

2. 25 ELRN’s CP contributions - 23 MS different organizations different systems different profiles different aims GENERAL OVERVIEW 2

3. LAND REGISTRAR’s ENVIRONMENT • Main institutions: • Ministry of Justice, • Ministry of Finance, • Ministry of Agriculture, • Governmental Agencies 3

4. LAND REGISTRAR’s ENVIRONMENT • Different kinds of LR systems: • title system • deed system • mixt - both title and deed system coexisting in the same area or sharing different areas of the same MS 4

5. LAND REGISTRAR’s ENVIRONMENT • Qualification required in all the cases. • Legal degree required in many cases. 5

6. LAND REGISTRAR’s ENVIRONMENT Can’t be appointed by the parties (except in Portugal) 6

7. act under certain territorial jurisdiction (except Slovenia) established in relation with administrative territory established in relation with courts jurisdiction substantive jurisdiction differ widely and is related to LR procedure and/or registration system LAND REGISTRAR’s ENVIRONMENT 4

8. ACT OF STATE? a confusing notion construed according to each domestic system better expression: act of the State’s power? LAND REGISTRAR’s ENVIRONMENT 5

9. land registrar’s activity is regulated by different codes, regulations, statutes. Freedom of decision or independence is mentioned in 9 national statutes. LR procedures - a wide range of definitions: an administrative procedure a judicial procedure complex/undefined/hard to define/etc procedure LAND REGISTRAR’s ENVIRONMENT 6

10. LAND REGISTRAR’s ENVIRONMENT 10

11. the outcome of land registrar’s work is a written decision in all cases the way to claim against the land registrar’s decision is regulated appeals addressed to the court intermediary internal control of the decision before access to the court (5 of 20) LAND REGISTRAR’s ENVIRONMENT 7

12. LAND REGISTRAR’s ENVIRONMENT 12

13. except 1 (one) case, land registrar is liable for his/her decision liability refers to: legality, completeness, correctness, compliance with deadlines there are different degrees of liability exclusive institutional liability personal liability subsidiary to institutional liability personal liability LAND REGISTRAR’s LIABILITY 8

14. civil and criminal liability applicable disciplinary sanctions entail of civil liability criminal liability liability degrees may depend on the good faith higher independence, higher liability it is deemed that legislation might be improved in some cases LAND REGISTRAR’s LIABILITY 9

15. LAND REGISTRAR’s ENVIRONMENT 15

16. “LESS KNOWLEDGE IS WORSE THAN NO KNOWLEDGE” INCONSISTENT PRACTICE confusing/misleading/inadequate legislation uncovered situations MISTAKES overloading too short deadlines confusing/misleading/inadequate legislation CORRUPTION, FRAUDS RISKS 10

17. AVERAGE RISK value differs in LR systems and other indicators RISK IN CASE OF A MISTAKEN ENTRY ACCORDING TO ANSWERS:2.5 (??) 11

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20. TO BE BUILD UPON: EDUCATION STRONGPOINTS CONSTRAINT STATUS OTHER LAND REGISTRAR’s PROFILE 12

21. LAND REGISTRAR's PROFILE • Registrar is a National Authority appointed by the State • The registrar’s decisions are the expression of the State’s power • Registrars operate a public interest activity and they should benefit of stability in their appointment and professional integrity legal protection • The registrar must be an expert in civil and property law. • The land registrar's decision must be an independent decision. 21

22. Land registrar's profile should become a basis for developing national land registrars status All these accomplishments could entail a future study by combining the collected informations 7 CP's questions still not answered CONCLUSIONS 13

23. THANK YOU! mihai.taus@gmail.com Romanian Land Registrar's Association Brussels, 10.12.2013 14