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Court of Justice finds Hungary discriminates in notary appointments

History

The Court of Justice of the European Union (CJEU) ruled on Tuesday that Hungarian legislation is discriminatory by demanding that applicants for notary positions hold Hungarian nationality, Hungarian news agency MTI reported.

The European Commission decided in 2015 to take Hungary to the CJEU because the country only allows Hungarian nationals to take up and practice the profession of notary in Hungary, thus excluding nationals from other member states.

The Court ruled that notaries in Hungary do not exercise public authority, therefore those holding the position do not need to have Hungarian nationality.

Notaries in Hungary provide various paid services for the majority of their work, and the freedom to move and reside freely within the EU mandates that there should be no discrimination based on nationality when applying to fill these positions, the CJEU said.

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