Symposium Discipline and Supervision: 'Disciplinary law is emotion'

"Does disciplinary law occupy too large a role in notarial practice?" Annerie Ploumen, chair of the Royal Dutch Association of Civil-Law Notaries (KNB) and chair of the day, kicked off the Discipline and Supervision Symposium, held on May 12th at the Leerhotel in Amersfoort, with this question. A large proportion of the 200 participants answered no. According to Ploumen, it was a great way to start the afternoon.

In recent years, disciplinary law has been a hot topic within the notarial profession. It's often seen as the sword of Damocles, even hindering some aspiring notaries from becoming notaries. This prompted the Royal Dutch Notary Association (KNB) to organize a symposium on this topic, aiming to put the fear of disciplinary law into perspective. A varied program was compiled for this event, chaired by Annerie Ploumen. The two-way conversation with Gert-Mark Smelt, chair of the Chamber for Notaries in The Hague, and Martine Bijkerk, former member of the Chamber for Notaries and member of the Court of Appeal's notary chamber, focused on the necessity and image of disciplinary law. Smelt attended the symposium for a reason: "What image do you think disciplinary law should have? What do you expect from us?" One of the participants indicated that the starting point of disciplinary law has shifted from: "The notary performed correctly, unless..." to "The notary performed incorrectly, unless..." And according to the questioner, that shift is wrong.

Intensification of notary consultations
Following this discussion, Yolanda de Groot, director of the Financial Supervision Office (BFT), explained the supervisory body's policy. De Groot: "The BFT will intensify its discussions with civil-law notaries in the preliminary phase to prevent any unnecessary complaints." Attorney Geertjan van Oosten offered tips on how civil-law notaries can prepare for disciplinary proceedings and what the role of the attorney can be in this process.

Disciplinary law too punitive
After the break, the academic world took center stage. Former professor Boudewijn Waaijer addressed the effectiveness of disciplinary law, and university lecturer Rianne Herregodts spoke about its learning effect. She conducted research on healthcare for the Ministry of Health, Welfare and Sport, the results of which were recently submitted to Parliament. Waaijer believes disciplinary law is insufficiently educational, insufficiently focused on recovery, and too punitive. He made several recommendations for improvement. Waaijer: "Work on the learning aspect of disciplinary law by incorporating guiding measures and abundant considerations in the ruling." Herregodts' research shows that rulings need to be better substantiated and more clearly worded. "When a ruling is well-founded, also pay attention to what someone could or should have done to act in accordance with the disciplinary standard, and more often also indicate what was done well."

More transparency about errors
During the afternoon, it was clear that disciplinary law evokes emotion within the notarial profession. The speakers referred to this several times, and it was also addressed in the closing panel discussion. This panel considered the future of disciplinary law. Various suggestions were put forward, but the profession itself was also considered. "We also need to be more transparent internally about errors. The culture of sharing about them needs to become more open."