Recording below.
The webinar introduced the background, methodology, and main outcomes of the ELI project, which examines the growing trend of ‘dejudicialisation’ in family and succession law, namely, the transfer of certain matters traditionally handled by courts to non-judicial authorities such as notaries, administrative bodies, or even the parties themselves. The speakers emphasised that while this trend may enhance efficiency, autonomy, and cost-effectiveness, it also raises important questions regarding legal certainty, procedural safeguards, and cross-border recognition.
The event was moderated by Pietro Sirena (ELI Second Vice-President; Dean, Department of Law, Bocconi University), with presentations delivered by Elena Bargelli (Co-Reporter; Professor of Private Law, University of Pisa) and Paul Patreider (Project Team member; Researcher, Austrian Academy of Sciences). The speakers highlighted that the ELI Principles are based on a comparative analysis of 16 European jurisdictions and aim to provide guidance to both national and EU policymakers, as well as practitioners dealing with cross-border family and succession matters.
In the first part of the webinar, Professor Bargelli outlined the objectives of the Principles, which include enhancing mutual trust between Member States, facilitating the circulation of legal acts across borders, and ensuring that extrajudicial procedures respect fundamental rights and provide adequate safeguards. The Principles seek to address inconsistencies arising where similar matters are handled by courts in some jurisdictions but by non-judicial authorities in others.
A central element of the discussion concerned the introduction of minimum procedural standards applicable to extrajudicial proceedings. These include requirements such as impartiality of the authority involved, the right of parties to be informed and to express their views, the possibility for children to be heard where relevant, and access to judicial review. The speakers stressed that these safeguards are essential to ensure fairness and protect the rights of all parties, particularly in consensual procedures such as divorce or succession arrangements.
Another key topic was the cross-border dimension of extrajudicial acts. Paul Patreider explained that the current EU framework does not always clearly determine how such acts should be treated in other Member States, especially where non-judicial authorities are involved. To address this, the ELI Principles propose extending jurisdictional rules and introducing a mechanism for the ‘extension of effects’, whereby acts produced in one Member State would, under certain conditions, produce equivalent legal effects in another.
The discussion also highlighted potential risks, such as forum shopping and conflicting outcomes between jurisdictions, as well as the need for clear and harmonised rules to determine when and how such acts should be recognised. The project therefore recommends additional safeguards, including grounds for refusal where fundamental standards are not met or where the issuing authority lacked jurisdiction.
Participants raised questions during the Q&A session, including concerns about the compatibility of the ELI Principles with the constitutional principle of separation of powers. In response, the speakers noted that the Principles do not advocate for or against dejudicialisation as such, but rather aim to ensure that, where it occurs, it is accompanied by appropriate procedural guarantees equivalent to those applicable in judicial proceedings.
The webinar concluded with reflections on the need for clearer and more coherent EU legislation in this area, taking into account the increasing diversity of national approaches. The speakers emphasised that simplification, legal certainty, and the protection of fundamental rights must remain central considerations as the EU continues to develop its private international law framework.
The recording is available below.
