ELRN Workshops 2023

Funchal, 23rd November 2023

On 23 and 24 November, a workshop and ELRA’s Annual General Assembly was take place in Funchal, in a hybrid format, in the Salão Nobre of the Regional Legislative Assembly, bringing together representatives from 29 registry organisations from 25 European countries, chaired by Luisa Clode, a land registry office in Funchal, the first woman and the first Portuguese to hold this position.

The opening session on 23 November was attended by the Representative of the Republic, Judge Ireneu Cabral Barreto, the Vice President of the Regional Legislative Assembly, Rubina Leal representing the President of the ALRAM, Dr José Manuel Rodrigues, the Regional Secretary responsible for Justice Services in Madeira, representing the President of the Regional Government and the Secretary of State for Justice, Dr Pedro Ferrão Tavares. The opening session was also attended by the President of the Regional Council of the Bar Association, Dr Artur Baptista, the President of the Regional Delegation of the Centre, South and Islands of the Notaries’ Association, Dr Susana Teixeira and the Presiding Judge of the Madeira District Court, Dr Filipe Câmara.

On the first day, the Contact Points of the ELRN met for presentations and round tables on European themes such as: the implementation of the European Succession Regulation; the comparative study of the unique property identifier and how it is structured in the various Member States, an initiative of the Institute of Registries and Notaries of Portugal; or the limitations on the acquisition of property by non-European citizens, promoted by the Colegio de Registradores de España.

• Succession Regulation:
  • Summary on the CP’s contributions to the questionnaire on requirements to register an immovable by Pilar Verdejo, CP from Spain
  • Practical implementation by Ana Luisa Freitas, Land Registrar from Portugal
  • Adaptation of rights by Carolina Gouveia Costa, Coimbra University
• Free movement of public documents: ELRA report by Fernando de la Puente, Land Registrar of Spain
• Cross-border protection of vulnerable adults:
  • Presentation of the proposal for a Regulation by Marie Vautravers, EJN Secretary General (DG JUST)
• Study on the Unique Parcel Identification Number by Paula Galhardas and Paulo Manuel Garces Vieira, CPs from IRN (Portugal)
• Study on restrictions on the purchase of immovables by non-EU citizens by Mª Teresa Touriñán, CP from Spain

Stockholm, 24-25 May

We are pleased to report that the second Workshop of the year organised by our association was successfully completed in Stockholm on 24 and 25 May 2023. Representatives from more than 20 organisations from different countries were able to attend the event, both in person and online. In this regard, we would like to highlight, first, the participation for the first time of State Land Cadastre in Ukraine, where they presented their organisation and the main challenges, they are facing due to the current situation.

The training programme opened with a very warm welcome by Susanne Ås Sivborg, Director General of Lantmäteriet, where the State of Sweden is currently holding the Presidency of the Council of the EU. Accordingly, the first panel on the implementation of EU instruments began, focusing mainly on the study of the Regulation of Succession: the analysis on its limits by Anabela Gonçalves, Vice Dean and Professor at the Law School of Minho University, the study of the CJEU 9 March 2023 Case C-354/21 by Pilar Verdejo, Spanish CP, and the continuation of the analysis of Article 69.5 (registration) by David Fridh, ELRA Board member.

In matters of succession, it is worth noting the different contributions of the Contact Points with the discussions arising from the questions proposed at the round table: on the one hand, regarding the documents and requirements necessary to register an immovable good in the different property registers of the members; and, on the other hand, regarding the possible differences when there is only one heir.

The next panel concerned the presentation on the comparative current situation of the protection of vulnerable adults in cross-border situations by the president of the association, Luisa Clode. We continued with the digital transition and the acceptance of electronic documents in Land Registries as a matter of constant evolution and discussion, with the respective presentations by Erika P Björkdahl, member of the Uppsala University and Marta Rekawek – Pachwicewicz, Judge at Bialystok Regional Court.

During the development of the session, we followed the ongoing study on the new proposal harmonising certain aspects of insolvency law, analysing the different contributions of the Contact Points on the questionnaire prepared by our Secretary General, Francisco J. Gimeno.

On the second day of the Workshop, we kicked off with the study on free movement of public documents as an implementation of EU instruments, with an exhaustive analysis on building a consensus by Fernando de la Puente, Spanish Land and Business Registrar. The next panel was on Climate change and the need of accurate information: on the one hand, Paulo Magalhães, Jurist and researcher at Centre for Legal Research of the University of Oporto, analysed the phenomenon as a common heritage and the role of registry informaton; and, on the other hand, Robert Bray, member of the Council of the European Law Institute and former Head of Secretariat of the Legal Affairs Committee of the European Parliament, presented the ELI’s report on Ecocide.

Regarding cooperation with other European associations and projects, we received Walter Szoek, President of EUR Rechtspfleger, presenting the association and Prof. Afonso Patrão, Judge at the Portuguese Constitutional Court, who introduced the results of the EU ADAPT Project. Also, it is worth mentioning the first cooperation with the State Land Cadastre of Ukraine, where Alina Suschchyk, Head of the International Cooperation Division of StadeGeoCadastre, presented the functioning of their organisation and the main challenges and needs they are facing given the difficult circumstances they are facing.

To conclude, David Fridh, ELRA Board member, explained the value of ELRA in the current situation of European affairs. The closing ceremony was performed by our president, Luisa Clode.

• The European Succession Regulation and its limits by Anabela Gonçalves
• Study of a CJEU 9 March 2023 Case C-354/21 by Pilar Verdejo
• Legal and technological aspects of the implementation of proposed EU law on Artificial Intelligence in the land registry systems by Marta Rekawek – Pachwicewicz
• Continue study of article 69.5 (registration) by David Fridh
• Cross-border protection of vulnerable adults. Current comparative situation by Luisa Clode
• Ongoing study on the new proposal harmonising certain aspects of insolvency law by Francisco Gimeno
• IMOLA IV by Back-office members.
• Building a consensus by Fernando de la Puente
• Climate Change as a common heritage and the role of registry information by Paulo Magalhães
• The ELI’s Report on Ecocide by Robert Bray
• Europäische Union der Rechtspfleger (EUR) – Stakeholder and EU Partner by Walter Szoek
• EU ADAPT project by Prof Afonso Patrão
• The functioning of the State Land Cadastre in Ukraine under martial law by Alina Sushchyk.
• ELRA an inspiration for the development of the land register by David Fridh

 

 

 

Online, 8th of March

The first 2023 workshop was held online and participated 42 Contact Points and members of 18 European countries.

The workshop opened with a presentation by Board member Mihai Taus, who introduced the statement on the Statute of the European Land Registrar, the quintessence of what land registrars should stand for and what the association has been working on for the last year.

The final conclusions of the study on «Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders» were presented by Jorge Lopez, Spanish Land Registrar. A new Fact Sheet on this topic has been already published. For more information click here

Afterwards, Fernando de la Puente, former President of ELRA, briefed the Contact Points on the next steps of the study on the «free circulation of public documents«.

On this occasion we were joined by two representatives of the European Commission, DG Justice, civil justice unit with whom the association works closely:

Marie Vautravers, EJN Secretary General, presented the conclusions of the ELRN Contact Points on cross-border protection of vulnerable adults and Maria Vilar-Badia presented the new proposal Regulation for the recognition of parenthood between Member States.

Francisco J. Gimeno, ELRA Secretary General, then presented the proposal for a Directive harmonising certain aspects of insolvency law on which the association will be working this year and some internal issues to conclude.