Choice of Law of Succession (Professio Juris Successoria) in the Light of the Regulation EU No 650/2012: Case Study - Analysis of the Preliminary Ruling in the Case C- 21/22

Abstract

In this paper, the author seeks to present the choice of law of succession (professio juris) under the Regulation EU No 650/2012 by analysing the concerns of a Polish court of law in a specific succession case with cross-border implications. The presented prejudicial question is interesting not only in the context of the institution of professio juris itself, but also through the prism of its application to third-country nationals and the hierarchy of norms of international law. The selected case has a particularly important practical value for Poland as it concerns the relationship of European law to an agreement entered into between Poland and Ukraine. Considering the large number of Ukrainian citizens residing in Poland, the resolution of this case will contribute to the strengthening of the legal certainty by unifying the interpretation of norms applicable to succession cases.