The concept and the role of courts in family and succession matters presents a practical problem in the EU and its Member States. Most EU private international law instruments presuppose that justice is still mainly administrated by judges. However, it is a current trend in the Member States to shift competences in family and succession matters from judicial authorities to other actors 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 decisions 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 is currently financed by an action grant under the Justice Programme of the European Union and conducted in cooperation between the European Law Institute (ELI), the University of Pisa and the Ludwig-Maximilians-University Munich.
Further information on the ELI-project “Extra-judicial Administration of Justice in Family and Succession Matters” can be found here.