The Forum brought together representatives of ministries of justice, judges, practitioners, notaries, academics, and experts in family law, succession law, and private international law to examine the growing role of non-judicial authorities in family and succession matters and the implications of this development for European legal cooperation.

The ELI Principles on the Extra-Judicial Administration of Justice in Cross-Border Family and Succession Matters are available here.

The event was chaired by Teresa Rodríguez de las Heras Ballell (ELI President; Professor, University Carlos III of Madrid), who highlighted the increasing importance of extra-judicial mechanisms in family and succession matters across Europe. She emphasised that the Forum aimed not only to discuss the recommendations contained in the ELI instrument, but also to explore their practical impact on policy-making, legislative reform, and the administration of justice.

The Forum featured keynote interventions from Valentina Rubertelli (President of the European Affairs Commission of the International Union of Notaries (UINL)) and Alice Meier-Bourdeau (President, International Academy of Family Lawyers).

Valentina Rubertelli addressed the growing trend towards the transfer of certain non-contentious family and succession matters from courts to other public authorities, particularly notaries. Drawing on comparative research conducted within the International Union of Notaries, she highlighted the increasing use of extra-judicial procedures across numerous jurisdictions and emphasised their potential to improve access to justice, reduce costs, accelerate proceedings, and relieve pressure on courts while maintaining legal certainty and effective protection of vulnerable persons.

Alice Meier-Bourdeau provided the perspective of family law practitioners and focused on the experience of extra-judicial divorce in France. She emphasised the importance of procedural safeguards, including independent legal representation and the protection of weaker parties. She also highlighted the significance of jurisdictional requirements in cross-border situations and discussed the need to ensure that extra-judicial procedures operate consistently with European private international law instruments.

The keynote speeches were followed by a presentation of the ELI Principles by Co-Reporters Elena Bargelli (Professor of Private Law, University of Pisa) and Anatol Dutta (Professor, Ludwig Maximilian University Munich).

The presenters explained that the project was prompted by a growing trend across Europe towards the dejudicialisation of family and succession matters, whereby functions traditionally exercised by courts are increasingly entrusted to notaries, civil status authorities, administrative bodies, or the parties themselves. While such developments often create few difficulties at the domestic level, they may raise significant challenges in cross-border situations because existing European private international law instruments were largely designed on the assumption that courts are the primary actors in the administration of justice.

The presentation outlined the seven principles contained in the ELI instrument. These recommendations are addressed to Member States, European legislators, and, in certain respects, the Court of Justice of the European Union.

A significant part of the discussion focused on the principle of minimum standards. The presenters stressed the importance of impartiality, effective participation of the parties, the protection of children’s rights, safeguards ensuring genuine consent, and access to judicial review. Particular attention was devoted to the right of children to be heard and to mechanisms ensuring that agreements affecting children are compatible with their best interests.

The Forum concluded with a broad discussion among participants, who shared experiences from a number of Member States.

ELI would like to express its sincere gratitude to the keynote speakers, the Co-Reporters, and all participants for their valuable contributions and thoughtful engagement.