At the request of the French government, the Autorité de la concurrence published an opinion on 1 December 2023 on two draft decrees on the codes of professional conduct for commissioners of justice and notaries. These draft texts are accompanied by professional rules, which complement the codes of professional conduct.

The Autorité reaffirms the need to harmonise the rules of professional conduct for ministerial officers, for the benefit of both professionals and users. It invites the French government and the professions to continue their discussions on this issue, and makes five sets of recommendations to increase the consistency of the rules that apply to both notaries and commissioners of justice. It also makes two sets of recommendations specific to notaries.

The codes of professional conduct, adopted by decrees issued on 28 December 2023, and the professional rules, adopted by orders issued on 29 January 2024 and 27 February 2024, only partially take up the Autorité’s recommendations.

Autorité de la concurrence's Opinion on Draft Decrees for Professional Conduct Codes

The Autorité de la concurrence reviewed two draft decrees related to the professional conduct codes for commissioners of justice and notaries in France. It emphasized the importance of harmonizing these rules for the benefit of professionals and users. The Autorité made recommendations to enhance consistency in the rules applying to both professions and issued specific recommendations for notaries. Despite the Autorité's suggestions, the final decrees and orders only partially incorporated its recommendations, leading to potential implications for the affected professions and users. The legal issues at stake involve competition law, professional conduct regulations, and government oversight of professional practices.

The Autorité de la concurrence publishes its opinion of 1 December 2023 on two draft decrees on the codes of professional conduct for commissioners of justice and notaries

Autorité de la concurrence's Opinion on Draft Decrees for Professional Conduct Codes

The Autorité de la concurrence provided recommendations on two draft decrees concerning the codes of professional conduct for commissioners of justice and notaries in France.