ELI Projects, Feasibility Studies and Other Activities

The ELI adopts different approaches in its quest to stimulate European legal development in a global context:

Projects

The selection, management and approval of projects carried out under the auspices of the ELI are regulated in the ELI Project Guidelines. These Guidelines took effect on 13 February 2015, and replaced the Project Guidelines adopted pursuant to for all projects approved on or after that date. Projects approved under previous Project Guidelines remain subject to them, subject to any agreement between Project Reporters and the ELI. The ELI invites its members to submit proposals for new projects. In order to ensure that the proposal covers all relevant issues, please read the Proposers Guide and as far as possible use the template proposal form.

General Information

The Council shall identify relevant projects within the ELI's field of activities, following consultation with the Senate and taking into account any suggestions, particularly those made by other bodies or members of the Association or by stakeholder organisations. Any project carried out under the auspices of the ELI should:

  • serve the people, companies and organisations in Europe by improving the law or facilitating its application
  • be principally capable of producing results which can be of immediate practical utility, and in particular be usable directly (eg as draft rules) by legislative bodies, judiciaries, or other interested parties
  • be the product of collaborative work conducted by jurists from a wide range of vocational backgrounds
  • have a genuinely pan-European perspective which takes due account of Europe’s various legal traditions

Types of Projects

Projects carried out under the auspices of the ELI will often take the form of medium- to long-term projects, the added value of which is to provide, through the independence, excellence and diversity of the project teams and the on-going critical guidance by a very broad constituency of jurists, well-founded solutions that have the support of the European legal community ('ELI Instruments').

The Council will appoint one or more Project Reporters, either on its own initiative or after having made a call for tender. It will normally appoint advisers or consultants and establish a Members Consultative Committee. Project results may only be published as official statements of the ELI with the approval of both the Council and the General Assembly.

Projects carried out under the auspices of the ELI may also take the form of short-term reactions to current developments, the added value of which is to coordinate, and where possible, to reconcile the views taken by various European constituencies ('ELI Statements').

As a quick reaction of the ELI is required, the Executive Committee will appoint a project team as well as advisors or consultants. ELI Statements may only be published as such with the Council’s approval.

Instruments

  • Medium-to-long term
  • Pro-active in nature
  • For example draft legislative instruments

Statements

  • Short term
  • Usually reactive in nature
  • For example position

Project Workflow

The selection, management and approval of projects carried out under the auspices of the ELI are regulated in the Council Decision 2014/11. These Guidelines took effect on 13 February 2015, and replaced the Project Guidelines adopted pursuant to Council Decision 2014/11 all projects approved on or after that date. Projects approved under previous Project Guidelines remain subject to them, subject to any agreement between Project Reporters and the ELI.

The ELI Executive Committee (EC) is responsible for identifying ELI projects and submitting them as project proposals to the ELI Council. The EC acts either on its own initiative or on the basis of project ideas suggested or developed by Hubs, ELI member or other interested parties.

Project Proposal

A project proposal should specify how the project satisfies the project selection criteria as well as:

  • the project’s subject matter, methodology and the actual results it seeks to achieve
  • the legal background including information on the project’s relationship to what already exists or is being developed and the role it could play in the European legal environment
  • whether it should be an Instrument or a Statement and, in the latter case, whether or not it should be subject to the accelerated procedure
  • options for funding

To the extent possible, the project proposal should also specify: the timescale in which it is to be conducted; and/or the name and a short curriculum vitae of anyone who may be asked to contribute to the project either as a Project Reporter or Adviser. 

Funding

ELI Projects will either be financed by the ELI or from external sources. Funding questions should be resolved as early as possible. The ELI will only accept external funding of projects if it is provided freely and independently of any condition concerning the nature, scope, and outcome of the project.

Types of Procedures

The ELI projects can be carried out under the regular or accelerated procedure. The experts on the Project Team and the Advisory Committee should represent diverse legal traditions and disciplines.

The Project Team will conduct the work in accordance with a detailed project plan, which should be developed by the Reporters. The Reporters will consult the Advisory Committee and the MCC for comments and advice, while the work on the project progresses. Results of the work-in-progress will be presented by Reporters to the Advisory Committee and the MCC at least one month in advance of each ordinary ELI General Assembly. The Reporters will present a report on work-in-progress at the Projects Conference, which usually takes place on the day before the General Assembly.

Regular Procedure

Under the regular procedure the Council will appoint: 

  • a Project Team consisting of Project Reporters (who will be primarily responsible for conducting the project) as well as other members of the team
  • a group of experts collectively known as the Advisory Committee who will support the work of the Project Team, in consultation with the Reporter(s) and the Executive Committee

Under the regular procedure, the Council will also normally establish a Members Consultative Committee (MCC), which can be joined by all ELI Members. Both the Council's and General Assembly's votes are indispensable for the results a project under this procedure to be adopted.

Accelerated Procedure

Under the accelerated procedure it is the Executive Committee which appoints the Project Team and the Advisory Committee.

Only the Council's vote is necessary to adopt the results a project under this procedure.  

Publication

Once adopted, ELI project are published on line and will very often also be published in the ELI's Title Series with Oxford University Press.

Feasibility Studies and Other Activities

From time to time, the ELI embarks on Feasibility Studies rather than projects. Such studies analyse the practicality and viability of prospective projects. As such their purpose is to screen project ideas before a fully fledged project is embarked upon. The Other Activities category is residual in nature.