La liberalizzazione dei servizi notarili in prospettiva giuseconomica, tra interesse pubblico, concorrenza e vincoli europei

The liberalisation of notarial services has particular characteristics. Notaries are professionals having a dual function: on the one hand, highly competent legal and tax consultants; on the other hand, public officials vested with public functions weighing on customers. Liberalizing the notarial activity collides with the asymmetry between the beneficiary of the services and the person charged with their cost. The State has always “compensated” notaries for these services, with a limited number, reserved activities, and mandatory tariffs. Adopting a neutral approach, the article outlines a path of reform that is favourable to the market, which considers the peculiar characteristics of the notarial profession. In this sense, the exclusive limited number notaries could be reduced or abolished, avoiding the reintroduction of minimum rates. On the other hand, the State could eliminate free services of the notary or compensate notaries for such services, leaving free competition on tar-iffs.