Summary

The article addresses issues concerning the application of the right of establishment provided by the EC Treaty to the notarial profession corresponding to the Latin model. The author examines Article 43 of the EC Treaty concerning the right of establishment and its applicability to the office of notary in the light of Article 45 (1) which provides a derogation from the provisions granting such right. The author introduces a number of positions presented and judgments rendered by the European Court of Justice in the interpretation of the said provisions.
Further, the author examines the corresponding legislation in force and the legal status of notaries in Estonia to find out whether, after Estonia's accession to the European Union, Estonia may restrict the right of notaries of Member States of the European Union to establish in Estonia based on Article 45 (1) of the EC Treaty.