Description
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.
Objectives
In view of this issue, firstly, detecting and addressing current gaps and disharmonies is functional not only to making the recognition and enforcement of decisions undisputed in any field of family and succession law, but also to facilitate cross-border procedures related to the circulation of public documents, given the increased relevance of authentic instruments and registered agreements as alternatives to ‘decisions’ in these matters. Second, rationalising the matter and providing guidance to practitioners would improve existing procedures, case handling and, ultimately, cross-border cooperation. Finally, the project aims at improving the situation of children involved in civil cases, with particular regard to their right to be heard. Indeed, the spread of non-judicial authorities dealing with family matters raises the question as to whether and how the children are given a genuine and effective opportunity to express their views.
Accordingly, the general objectives of the project can be summarised in three short points:
Objective 1
Enhancing the effective and coherent application of the EU acquis related to the judicial cooperation in family and succession matters.
Objective 2
Extending the scope of mutual trust in EU PIL to authentic instruments and agreements.
Objective 3
Facilitating and supporting judicial cooperation in these fields by improving the effectiveness of national justice systems as well as the enforcement of decisions, authentic instruments, and agreements