The Institute for Notary Law at Humboldt-University Berlin prepared graphs on the basis of the data submitted by the 24 participating Member States of the European Union about preventive justice in 2010. The assessment was based on the questionnaires you can view under ‘country specific information’ and by the flags of the countries.
The graphs are divided into the following fields:
- family matters
- guardianship matters
- inheritance matters
- commercial and company law
- real estate law
Data are not updated; they give an overview of preventive justice in Europe in 2010.
The main purpose has been to clarify what lies behind the concept of preventive justice, which policy objectives are followed by the Member States of the European Union in establishing the preventive justice system, who the actors involved are and which factual circumstances are relevant when talking about preventive justice.
Given below are the results by country presented in graphs and tables. The presentation is based on the structure of the questionnaire, including a total of six subject areas. The first paragraph deals with the development of preventive justice in the relevant Member State. To allow for a comparative approach, the annex to the questionnaire includes various factual circumstances in the form of a table for which the participation of state authorities is prescribed by law in several states. It must be specified for each factual circumstance whether the mandatory participation of the state is prescribed by a court, civil law notary or another government agency. The next paragraph of the questionnaire addresses the question as to whether the relevant state is considering reforms in different legal areas. The subsequent question asks whether the state has an ‘authentic instrument’ institution and whether the institution has probative force and the power of enforcement. The questions that follow concern the statistical materials and germane literature of preventive justice. The questionnaire ends with reasons as to why various Member States have introduced preventive justice.