Descriere
In Romania, the implementation of Regulation (EU) No 650/2012 and the introduction of the European Certificate of Succession (ECS) have generated intense doctrinal debates. These have primarily focused on the relationship between the national certificate of succession – regulated by Law No 36/1995, republished – and the new European instrument, as well as the adaptation of the
Romanian public notary’s competence to this new legal „ecosystem”.
In this cross-border context, the European Certificate of Succession (ECS) emerges as an innovative instrument designed to simplify the proof of status as an heir or administrator of the estate
in any Member State, thereby eliminating the need for traditional recognition or exequatur procedures. Although the Regulation does not aim to harmonize the substantive law of succession – a field deeply rooted in the cultural and social identity of each State – it establishes a mechanism for mutual recognition and a uniform methodology for determining the applicable law (lex successionis), based on the principle of the unity of succession. The paper explores the prospects of digitalizing this instrument in line with European strategies on e-justice and digital identity. Thus, we argue that the future of the European Certificate of Succession lies at the vital intersection of legal certainty, technological interoperability, and institutional trust.
