EU SUCCESSION REGULATION No 650/2012

Regulation No 650/2012 of 4 July 2012 on succession

H. Pamboukis

with the assistance of Dr. A.-P. Sivitanidis

I. Introduction

Succession matters definitely constitute a fundamental and attractive field of civil

law and human life.

Regulation No 650/2012 on succession is a fundamental and ambitious one, as it is

the first Regulation that is complete in respect of its structure – it covers the topics of

jurisdiction, applicable law, recognition and enforcement of decisions, and even those

on collaboration by means of the European Certificate of Succession.

It is a complete

Regulation, since its 84 Articles (up to now the highest number of articles in a Regula-

tion of its kind) cover all –or almost all– aspects of international succession. It is also

innovative, since it adopts professio juris, it includes recourse to the correction mecha-

nism of the exemption clause (also known as an escape clause), and it constitutes, de-

spite its scarce flaws, a step of progress in European integration of the rules governing

international succession overall, which is a quite important point).

There is no doubt that this Regulation constitutes an important step of progress in the

process of integration, and it consists in a modern grid of rules concerning all matters of

stricto sensu private international law of succession. It establishes, nevertheless, a com-

plex system and its complexity is perhaps one of its principal disadvantages.

This Regulation ensures a clear advantage for European private international law

of succession over national laws –including Greek private international law of suc-

cession– which are left with a marginal role.

The EU Succession Regulation on succession relations with foreign elements com-

pletes the impressive gradual construction of a European private international (lato

sensu) law. Indeed, the European integration of private international law comes to

an impressive conclusion in both the field of procedural international law and the

field of applicable law. The Treaty of Amsterdam (of 2 October 1997) and the Trea-

ties of Nice (of 26 February 2001) and Lisbon (of 13 December 2007) constitute the

milestones of this gradual integration, setting the objective of creating a European

Area of freedom, security and justice, requiring, among other things, the free move-

ment of persons (the fundamental principle of Articles 3(2) TEU and 67 TFEU). Un-

restricted access to justice is an important aspect in reaching this objective; it is sup-

ported by the principle of mutual recognition of judicial and extrajudicial decisions

in civil matters (Articles 67(4) and 81(1) TFEU).

1. And therefore titles like, for example, Rome IV Regulation or Brussels III Regulation seem rath-

er inaccurate, because it does not only refer to applicable law or jurisdiction rules; instead, its

structure is closer to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction,

applicable law, recognition and enforcement of decisions and cooperation in matters relating to

maintenance obligations (OJ L 7, 10.1.2009, pp. 1-79). For this reason the simpler and more ac-

curate title ‘EU Succession Regulation’ was preferred as a short reference thereto. The full title of

the Regulation is: Regulation (EU) No 650/2012 of the European Parliament and of the Council

of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and ac-

ceptance and enforcement of authentic instruments in matters of succession and on the creation of

a European Certificate of Succession (OJ L 201, 27.7.2012, pp. 107-134).