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					                                           FORUM
       “EUROPEAN MODEL OF AUTONOMOUS SOCIAL SECURITY SYSTEM:
             THE EXPERIENCE OF THE ASSOCIATION OF NOTARIES”

                                         Presentation

                            Notary Francesco Maria Attaguile
                   Chairman of the Cassa Nazionale del Notariato

      I wish to thank the Chairmen Piccoli, Carattoli and Laurini for their words of
welcome to which I add my personal greetings and on behalf of my Colleagues of the
Board of Directors and of the Assembly of representatives of the National Fund for
Notaries that I have the pleasure of addressing to all the participants.
      Special thanks go to the representatives of the Government, the Under-Secretary
of Justice, Senator Pasquale Giuliano, not only for having honoured us with his
authoritative presence, but also for the attention he pays to the work of the Notariato
and of the professions.
       I am likewise grateful to Hon. Francesco Maria Amoruso, representative of the
Italian Parliament and Chairman of the Two-Chamber Supervisory Committee on the
Activities of the Institutes that manage Social Seucrity Services (Enti Gestori di
Previdenza).
        We are particularly glad to have famous members of the judiciary, finance, of the
academic world, senior directors of the State as well as many Chairmen of the Pension
Funds of Italian professionals belonging to A.d.E.P.P. (Association of Private Pension
Funds) . I have asked the Chairman of this Association, my friend and lawyer Maurizio de
Tilla, to deliver a short address that we will be listening to in a few moments.
       We also have the Chairmen of many Associations of Notaries from five continents,
the members of the Committees and of the Standing Council and the highest dignities of
the International Union of Latin Notaries.
      Heartfelt thanks to all of you for participating in this event.
      A warm welcome and expression of affection goes to all our authoritative foreign
guests to whom I express my best wishes for a pleasant stay in Rome.
       The presence of such prestigious personalities is very rewarding for us and besides
the important themes of this conference, of its political goals and of the special
characteristics of the historic moment being experienced by the E.U. process of
integration, their presence underscores the extraordinary importance of this event.
       Before introducing the issues that we are about to discuss, please allow me to
thank all those who, with their precious contribution, have made this event possible: the
speakers, our colleagues the Chairmen of the European Notary Funds and the members
of the Notary Social Security Committee of the UINL for the scientific aspects; our
colleague Paolo Chiarutti, the staff of the Cassa Nazionale del Notariato, Elena
Bevilacqua and her assistants from the administrative secretariat of the Union and the
hostesses of the Conference Organizer, Triumph Congressi; thanks also go to Finanza &
Futuro Banca, Credit Suisee, Brokers & Service and to Banca Popolare di Sondrio for

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their instrumental economic support. And finally, I thank Giancarlo Laurini for his
personal support and for his sponsorship with the Forum of UINL.


       I think I can say that it is not by chance that this conference is being held in this
magnificent hall, where the International Union of Latin Notaries held its meetings up
until yesterday, and today, almost as an appendix to those sessions, it is hosting our
conference. Indeed, this line of continuity originates from the brief history of the two
bodies (the Social Security Committee of Notaries of the UINL, and the Conference of
the Pension Funds of European Notaries), both linked to the UINL by an umbilical cord,
of which they are an important offshoot. Giancarlo Laurini has already recalled that it
was thanks to the initiative of the UINL Chairman of the time, Hugo Perez Montero, (and
I would like to add, upon the suggestion of Giancarlo), that the Social Security
Committee of Notaries was established in Montevideo, almost ten years ago. The
Commission was assigned the task of thoroughly discussing the social security issues
concerning notaries with the intention of taking care of and enhancing a sector of our
profession at the international level which is often underestimated and which instead is
worthy of special attention for the importance of social security in the protection of
each notary and of the entire profession.
        I lavori della Commissione, sui quali non posso soffermarmi, portarono,
confermando alcune intuizioni, a delineare le ragioni che devono indurre ogni notariato
a dotarsi di una struttura di protezione sociale specifica della categoria,
autonomamente organizzata e gestita, caratterizzata al suo interno da una forte
componente di solidarietà. Tali ragioni sono state più volte ed in diverse occasioni
illustrate e divulgate e, tuttavia, vale la pena richiamarle, schematicamente, anche in
questa sede:
       The results of the activities of the Committee which confirmed previous
intuitions, that I cannot dwell on here, have identified the reasons that should induce all
Notary Associations to set up their own social security institution, that they should
organize and manage autonomously and with a strong emphasis on solidarity. Such
reasons have been presented and discussed on several occasions and however it is
worthwhile summarizing them in a nutshell here:
       First reason: the public social security system is steadily declining, it is incapable
of self-funding and of ensuring adequate benefits, therefore we must not depend on it;
      Second: we can decide for ourselves, on the one hand, the quality and quantity of
the benefits and, on the other, the investments, the ways of using our economic
resources, as well as the rates and contributions to be paid.
      Third reason: we ourselves can intervene, by adopting adequate measures to
protect the profession and the recipients of the services provided by notaries.
       This latter aspect, which imposes some degree of solidarity, is linked to a rather
broad–ranging concept of social security and, in its highest expression, it provides a
major contribution for achieving high quality standards of the professional service and of
its product. In my view this latter aspect, which recalls such themes as the social role
and function not only of notaries but in general of the professions, should be discussed
with those who increasingly invoke the liberalization of access and call for the abolition
of Professional Orders and tariffs. But the limited time and the theme of this Forum
keep me from going into this discussion. Therefore, going back to the issue of the
opportunities and advantages of an autonomous social security scheme as highlighted by

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the Social Security Committee of the UINL mentioned earlier, I would like to recall that
the UINL, in Salzburg in 2001, gave birth to the Conference on the Social Security Funds
of European Notaries in accordance with the modalities and with the aims that are
concisely summarized in the document you will find in your folders and which, far from
being an actual Memorandum of Association is rather a first important memorandum of
understanding; a memorandum that moves from the need to compare realities and
institutional characteristics of the various Funds, of their different management
policies, of their choices in terms of interventions and benefits, with a view to reaching
a common model of autonomous social security systems both for the notary associations
that do not have one and vis-à-vis the State authorities and the European Union
institutions.
       Of course this is not the right time nor the right place for an evaluation of this
activity.
       Nevertheless I can say that while for the first aspect appreciable results have
been achieved because there is no questioning as to the usefulness of the exchange of
information data and experience, but it is still too early to harvest the crop of the seeds
of autonomous social security institutions that have not fully grown yet for the
difficulties in setting them up and for the complexity of the soil that is objectively not
very fertile. Indeed the national bodies find it rather difficult to abandon their
competencies in the area of social security.
      We are nevertheless convinced that this attitude of closure and centralization is
bound to thoroughly change, and it will change in a not too distant future.
       The strong impact of the social security item has on the budgets of many
European Countries, undermining the financial stability of traditionally strong economic
systems, is bound to grow even further also because of new elements of economic and
social precariousness introduced by a number of factors which include: the advent of
globalization, the labour market that is increasingly wider and unstable, growing
unemployment, demographic change, the aging of the population, the reduction in
birth-rates, and migration flows that are difficult to curb and in any case difficult to
govern and metabolize.
      A response has to be given to all these problems, and the response cannot come
from further increases in spending nor from isolated national solutions.
       On the contrary, besides measures aimed at strongly restricting and putting public
spending under control, it is absolutely necessary to coordinate national social security
policies and make them uniform across Europe.
       It is not by chance that at Hampton Court at the recent European Union summit
where discussions focused on the future of Europe, the emphasis was placed on the need
to reform the European welfare state so as to relaunch the integration process that has
come to a worrying standstill. So, if the march of the European Union is picked up, as it
seems it has, from the need to redefine the social Europe with basic policies and choices
that are commonly supported, then this is an excellent opportunity for proposing to the
European institutions that they should adopt, diffuse and enhance the model of an
autonomous social security system that is in force in various Countries and that has
proven to work without any burden for the State.
      We are certain that this would be a choice that is in line with a Europe that, in
order to emerge from the banks in which it is stranded, it must abandon the narrowly


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mercantilist logic that has curbed its development and recover important values like
subsidiarity and solidarity.
       A Europe characterized by greater solidarity means a more articulated and
pluralistic Europe which offers greater autonomy and freedom to individuals and to
intermediate groups; a Europe which, by virtue of the principle of subsidiarity allows, or
rather directs Member Countries, to delegate to individuals and social groups, under its
watchful eye, spaces and sectors over which it traditionally used to have jurisdiction.
       The intellectual professions, also in defence of their role and of their identity,
have the right to address this Europe asking that they be assigned the task of organizing
and managing their social security system in full autonomy. And the social security
institutions of all professional categories should contribute to being represented through
a common project with shared goals aimed at creating ad hoc representative bodies at
the European level.
      The Associations of Notaries has already taken action by establishing the
Conference of the Social Security Funds of the Notaries of Europe. We are confident that
other professions have already set up similar bodies or are in the process of doing so. Let
us compare notes. Let us share our experience. We are sharing the experience of the
Associations of Notaries here today by listening to the reports that will be presented
here.
       And starting from tomorrow, let us create joint operative instruments at the
continental level. In other terms let us create a true European AdEPP which, in a
scenario where social protection is globally becoming weaker, could be the authoritative
spokesperson with the European institutions that would voice the legitimate
expectations of the professions, expectations and requests that do not consist of
individual or sectoral solutions, but rather the delineation of efficient and sustainable
social security schemes.




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