Calculating the costs of supervision and disciplinary law investigated

The research agency Center for Policy Advisory Research (Cebeon) investigated the cost allocation of supervision and disciplinary proceedings to legal professions. This resulted in four recommendations, three of which pertain to the notary profession.

For its research, Cebeon evaluated the Act on the Passing on of Costs for Supervision and Disciplinary Law for Legal Professions. The main purpose of the law, introduced in 2018, was to achieve savings for the national government: costs that previously burdened the national budget are now borne by the public law professional organizations for notaries, lawyers, and bailiffs.

General interest
The researchers found that the organizations involved disagree with the principle of all costs being passed on. Professional groups are not the only stakeholders in well-functioning supervision and disciplinary law: they also serve a general public interest. Therefore, they argue, some of the costs should be covered from general funds.

Reduce implementation costs
To improve the law's effectiveness, Cebeon offers four recommendations. To reduce implementation costs, among other things, it could investigate whether an alternative billing system would be cheaper and less frustrating for all parties. For example, by establishing a multi-year budget. Furthermore, the ministry should take a more proactive role, apply transparent assessment criteria, establish clear guidelines for budgeting and billing, and mediate if tensions arise between organizations.

Investigating the effects of court fees
The third recommendation is to further investigate the positive and negative effects of court fees and costs awards. The number of complaints received by the Chambers for Notaries has decreased, presumably due to the costs awards. The Chambers and the Court of Appeal are concerned about this, particularly the resulting diminished educational function of disciplinary law. Finally, there is a recommendation that only affects judicial officers: unlike notaries and lawyers, they cannot pass on costs. Cebeon recommends making this possible.