Commencement of the Concept and Role of Courts in Family and Succession Matters Project


With the recently adopted project on the Concept and Role of Courts in Family and Succession Matters ELI aims at improving the application and implementation of out-of-court proceedings in family and succession matters as well as increasing legal certainty for European citizens.

The project, led by Elena Bargelli, Anatol Dutta and  François Trémosa, will focus on the practical problem stemming from the fact that most EU private international law instruments presuppose that justice in the area of family and succession law is still mainly administrated by courts. However, it is a current trend in the Member States to shift competences in family and succession matters from courts to other authorities such as notaries, civil status officers, child protection agencies, judicial officers, advocates or even the private parties themselves. Are the common provisions on jurisdiction, applicable law and recognition and enforcement of foreign judgments fit to deal with this ‘de-judicialisation’? Recent case law of the Court of Justice of the European Union (CJEU) suggests that there is need for reform.

The project will be divided into two phases: in the first one policy statement will be prepared and in the second one a draft legislative proposal with a  view to address the above problem. More information about the project is available here.