About
The European Law Institute (ELI) invites practitioners, policymakers, academics, and stakeholders to a webinar discussing ELI’s Principles on the Extra-Judicial Administration of Justice in Cross-Border Family and Succession Matters.
The seven Principles, elaborated under the leadership of Project Reporters, Prof Dr Elena Bargelli, Prof Dr Anatol Dutta and Mr François Trémosa (public notary), are based on a comprehensive comparative analysis of national legal frameworks and practices. The research mapped out the various non-judicial bodies involved in family and succession matters across the EU and identified both the legal uncertainties and the innovations that have emerged from this trend. The core aim of the recommendations is to ensure that extra-judicial procedures in family and succession matters are applied in a coherent, rights-respecting, and effective manner in cross-border cases. Formulated as seven Principles, the recommendations offer a roadmap for updating EU private international law to reflect contemporary legal realities while upholding the Union’s core values.
During this webinar, ELI experts will present the key elements of ELI’s Principles and discuss proposed recommendations, relevant for the EU and Member States decision makers and other stakeholders.
The session will provide an opportunity to engage directly with the authors of the ELI Principles, explore the legal implications of the proposed reforms, and reflect on the future evolution of the EU law in this field.
CPD Statement
This webinar qualifies as 1.5 hours of structured legal training (self-declared CPD) for lawyers and legal professionals.
Attendance will be verified through the webinar platform’s digital attendance record. Participants attending the full session who wish to receive a Certificate of Attendance stating the duration and learning objectives of the training are kindly invited to email the ELI Secretariat following the webinar.
Panellists
Chair
- Pietro Sirena (ELI Second Vice-President; Dean, Department of Law, Bocconi University)
ELI Co-Authors
- Elena Bargelli (Co-Reporter; Professor of Private Law, University of Pisa)
- Paul Partreider (Project Team member, Austrian Academy of Sciences)
Webinar Structure
The webinar aims to discuss the ELI Principles on the Extra-Judicial Administration of Justice in Cross-Border Family and Succession Matters. The Report sets out a series of recommendations for the European Union (EU) and its Member States. It addresses the extra-judicial administration of justice in family and succession matters. The Principles aim to increase the coherence and effectiveness of the rules on cross-border family and succession matters and to ensure the protection of fundamental procedural and substantive rights across jurisdictions.
Pre-Reading
Final Action-Oriented Learning Objectives
By the end of the webinar, participants will be able to:
- Analyse the policy rationale and objectives underpinning the shift towards extra-judicial administration of justice in cross-border family and succession matters within the European Union.
- Identify the key principles governing de-judicialisation, including the role of non-judicial authorities, party autonomy, and the minimum procedural safeguards required to protect fundamental rights.
- Assess the legal and practical implications of extending the effects of extra-judicial acts across Member States, including the role of jurisdiction rules, European certificates, and grounds for refusal.
- Evaluate the challenges arising from the interaction between national procedures and EU private international law instruments, including risks of forum shopping, conflicting acts, and legal uncertainty.
- Reflect on the implications of extra-judicial administration of justice for legal certainty, mutual trust, and access to justice, and consider how procedural frameworks can be designed or improved to ensure effectiveness and rights compliance.
