Constitutional and Administrative Law Foundations of Notarial Activity
Where notarial power comes from
Start with the constitutional frame: the right to property, the protection of the family, the right to judicial protection, and the principle that rights may be restricted only by law and only proportionately. Notarial activity is a public function exercised under state authority by persons who are not state officials - this duality is the source of most exam traps. The notary does not act as an administrative agency, yet notarial acts carry the presumption of authenticity and, for enforcement inscriptions, executorial force. Understand the hierarchy: Constitution, constitutional statutes, laws (the Law on the Notariat being the organic framework), then subordinate normative acts of the Ministry of Justice.
Administrative-law concepts you must control
Know the difference between a notarial act and an administrative act; between delegated public service and state service; and the rules on licensing, professional self-governance (the Chamber of Notaries), and ministerial supervision. Questions often test whether a notary's refusal is appealable to a court or to a superior body - the trap is assuming an administrative appeal route where only judicial challenge exists.
Traps
(1) Confusing the notary's certifying function (attesting facts) with an adjudicative one (deciding rights). (2) Assuming constitutional rights are absolute when the exam expects a proportionality analysis. (3) Mixing up the roles of the Ministry of Justice (policy, oversight, rules) and the Chamber (discipline, professional standards).
Rule of thumb
When a question asks 'who authorises the notary to do X?', answer at the level of law, not ministry instruction: the competence must have a statutory basis, and any restriction on the party's rights must be proportionate and foreseeable.
Worked example: A notary refuses to certify a transaction because a municipal rule requires prior local registration. The correct analysis: the municipal rule cannot create a precondition not found in the Law on the Notariat; the refusal is unlawful and the party may seek judicial protection.