Convention on international access to justice
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Albania | Yes | No |
Brazil | Yes | No |
Bulgaria | Yes | No |
Costa Rica | Yes | No |
Cyprus | Yes | No |
Estonia | Yes | No |
France | Yes | No |
Latvia | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Malta | Yes | No |
Montenegro | Yes | No |
Morocco | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
North Macedonia | Yes | Yes |
Romania | Yes | No |
Serbia | Yes | No |
Slovakia | Yes | No |
Spain | Yes | No |
Sweden | Yes | No |
Switzerland | Yes | No |
Albania
15-10-2007
Under Article 28 of this Convention, the Republic of Albania submits the following
reservations:
a) In compliance with the first paragraph of Article 28 of this Convention, in the
absence of applying reciprocity with the state, whose citizen the seeker of juridical
assistance is, the Republic of Albania reserves the right to exclude the execution
of Article 1 of the Convention for the persons, who are not citizens of a Contracting
State, but who are however usual residents in a state that is Party to the Convention,
different from the state making the reservation, or who used to be usual residents
in the state making this reservation.
b) In compliance with Articles 7 and 28, second paragraph, point "a" of this Convention,
the Republic of Albania takes into consideration only the applications compiled in
Albanian, or accompanied with a translation in the Albanian language.
c) The second paragraph of the Article 13 of the Convention does not apply to the
citizens of those states, which have shown reservations, in compliance with item "b"
of Article 28 of the Convention and to the persons having a usual residence in these
states.
d) The provision in Chapter II of the Convention do not apply to the citizens of the
states, which have submitted reservations, in compliance with item "c" of Article
28 of the Convention and to the persons having a usual residence in these states.
Brazil
15-11-2011
[...] under the reservation referred to in item a of the second paragraph of Article
28, pursuant to the second paragraph of Article 7 of the Convention.
[...] the Government of the Federative Republic of Brazil declares that, in accordance
with Articles 24 and 29 of the Convention, the Federative Republic of Brazil reserves
the right to stipulate that forms and documents to be sent to the Brazilian authorities
must be accompanied by translations into Portuguese.
Bulgaria
23-11-1999
Reservation on Article 28, paragraph 2, sub-paragraph a:
The Republic of Bulgaria excludes the use of the English and French languages in the
cases of Article 7, paragraph 2.
Costa Rica
16-03-2016
The Government of the Republic of Costa Rica, in accordance with Article 28 of the Convention on International Access to Justice, excludes the application of Article 20.
Cyprus
27-07-2000
1) The Republic of Cyprus reserves the right to exclude the application of paragraph
2 of Article 13 as regards the grant of legal aid without examination of the circumstances
of the person seeking endorsement or recognition of a judgment.
2) The Republic of Cyprus reserves the right to exclude the application of Chapter
II as regards the non-requirement for security for costs for persons who are habitually
resident in a Contracting State and who are plaintiffs or parties in proceedings in
another Contracting State.
[...] The Republic of Cyprus declares that the documents sent to its Central Authority
may be drawn up or translated in Greek (Article 24).
Estonia
02-02-1996
[...] that pursuant to Article 16 of the Convention the Estonian Republic will not
accept applications submitted directly.
France
25-10-1980
In accordance with Article 28, first paragraph, France reserves the right, if there is no reciprocity of treatment between it and the State of which the applicant for legal aid is a national to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State and in the case of persons who formerly had their habitual residence in France.
22-12-1982
Pursuant to the provisions of Article 28, paragraph 1, France reserves the right to
exclude the application of Article 1 in the case of persons who are not nationals
of a Contracting State but who have their habitual residence in a Contracting State
other than the reserving State or formerly had their habitual residence in the reserving
State, if there is no reciprocity of treatment between the reserving State and the
State of which the applicants for legal aid are nationals.
In accordance with the provisions of Article 28, paragraph 2a, and pursuant to Article
7, paragraph 2, the Government will consider only those applications which are drawn
up in French, or are accompanied by a translation into that language.
In accordance with the provisions of Article 33, the Government declares that the
Convention shall extend to the whole of the territory of the French Republic.
Latvia
20-12-1999
In accordance with paragraph 2 a) of Article 28 of the Convention on International Access to Justice of 1980, the Republic of Latvia reserves the right to exclude the use of the French language under paragraph 2 of Article 7.
Lithuania
04-08-2000
[...] and whereas it is provided in Article 16 of the said Convention, the Republic
of Lithuania will not accept applications made directly;
and whereas it is provided in Articles 7 and 17 of the said Convention, the Republic
of Lithuania declares that it will accept applications for legal aid submitted only
in the Lithuanian, English, French or Russian languages, or, where the application
is made in none of those languages, the application for legal aid and supporting documents
shall be accompanied by a translation into Lithuanian, English, French or Russian
languages [...]
Luxembourg
06-02-2003
a) The Grand Duchy of Luxembourg reserves the right to exclude the application of
Article 1 to foreign nationals who are not nationals of a Contracting State and whose
habitual residence is not in Luxembourg, if there are no reciprocal arrangements between
Luxembourg and the State of which the applicant for legal aid is a national.
The present reservation does not apply to foreign nationals whose access to legal
aid is expressly recognised by law.
b) The Grand Duchy of Luxembourg shall not apply the second paragraph of Article 13
to nationals of a State that has entered the reservation provided for in Article 28
(b) of the Convention and where necessary to persons whose habitual residence is in
that State.
c) The Grand Duchy of Luxembourg shall not apply the provisions of Chapter II to nationals
of a State that has entered the reservation provided for in Article 28 (c) of the
Convention and where necessary to persons whose habitual residence is in that State.
Malta
24-02-2011
Pursuant to Article 28 of the Convention, the Government of Malta declares, that it excludes the application of Article 1 of the said Convention in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than Malta or formerly had their habitual residence in Malta, if there is no reciprocity of treatment between Malta and the State of which the applicants for legal aid are nationals.
Montenegro
01-03-2007
[...] the Government of the Republic of Montenegro succeeds to the [Convention on international access to justice, concluded at The Hague on 25 October 1980], and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon the Republic of Montenegro assumed responsibility for its international relations.
Morocco
16-09-1981
The Kingdom of Morocco declares that applications for legal aid and applications for
rendering enforceable orders for payment of costs and expenses shall be in Arabic.
The Kingdom of Morocco reserves the right to exclude the application of Article 1
of the Convention in the case of persons who are not nationals of a Contracting State
but who are habitually resident in a Contracting State other than the reserving State
or were formerly habitually resident in a reserving State, if there is no reciprocity
of treatment between the reserving State and the State of which the applicants for
legal aid are nationals.
The Kingdom of Morocco reserves the right to exclude the application of Article 13,
paragraph 2, of the Convention. Where a person has received legal aid for proceedings
in a Contracting State and the decision has been given in those proceedings, he is
not entitled ipso facto to legal aid in Morocco if he seeks to secure the recognition
or enforcement of that decision there. A new application must be made and normal procedure
followed.
The Kingdom of Morocco reserves the right to exclude the application of Article 20
of the Convention without prejudice to any bilateral Convention concluded by Morocco
which contains provisions to the contrary.
Netherlands, the Kingdom of the
02-03-1992
Article 13, paragraph 2, shall not apply to the Kingdom in Europe.
Documents sent to the Central Authority of the Kingdom in Europe may, apart from the
languages referred to in the articles 7 and 17 of the Convention, also be drawn up
in German or translated into German.
North Macedonia
23-09-1993
The former Yugoslav Republic of Macedonia maintains the declarations made by the Yugoslav Republic.
Objection Greece, 30-11-1993
As regards the notification of 1st October 1993 of the Ministry of Foreign Affairs
of The Kingdom of [the] Netherlands and the proposed continuity by the Former Yugoslav
Republic of Macedonia in respect to the conventions to which the Socialist Federal
Republic of Yugoslavia was a party we would like to bring to your attention the following:
- Participation of the Former Yugoslav Republic of Macedonia to the conventions mentioned
in the above notification does not amount to recognition of the Former Yugoslav Republic
of Macedonia on behalf of Greece.
- Those of the above conventions which are binding upon Greece remain without effect
as between the latter and the Former Yugoslav Republic of Macedonia.
Romania
21-08-2003
In accordance with Article 28, paragraph 1 of the Convention, Romania reserves its right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or who formerly had their habitual residence in Romania, if there is no reciprocity of treatment with the State of which the applicants for legal aid are nationals.
Serbia
05-02-2003
[...] that, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia on February 4, 2003, as previously adopted by the National Assembly of the Republic of Serbia on 27 January 2003 and by the Assembly of the Republic of Montenegro on 29 January 2003, the name of the State of the Federal Republic of Yugoslavia has been changed to "Serbia and Montenegro".
09-06-2006
[...] following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.
Slovakia
11-03-2003
The Slovak Republic in accordance with Article 28, first paragraph, reserves the right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or in the case of persons who formerly had their habitual residence in the Slovak Republic, if there is no reciprocity of treatment between the Slovak Republic and the State of which the applicant for legal aid is a national.
Spain
08-02-1988
In connection with Article 5, Spain declares that it will be possible to submit applications by consular way.
Sweden
15-01-1987
1. Legal aid referred to in Article 13 second paragraph will not be available
in Sweden (Article 28 second paragraph b).
2. Documents sent to the Central Authority may be drawn up in or translated to the
Danish or Norwegian language (Article 24).
Switzerland
28-10-1994
[...]
3. In accordance with article 29, paragraph 2, Switzerland declares with regard to
articles 5 and 9 that the receiving Central Authority in Switzerland will also accept
applications forwarded to it directly by post or through a diplomatic or consular
mission.
4. In accordance with articles 28 and 29, Switzerland declares with regard to articles
7, 24 and 25 that applications for legal aid and any accompanying documents must be
drawn up in the language of the requested authority, that is in German, French or
Italian, or accompanied by a translation into one of these languages, depending on
the part of Switzerland in which the application is to be implemented. Documents drawn
up in a language other than that of the requested authority or accompanied by a translation
in a different language may be refused even if translation into the language of the
requested authority is difficult in the requesting State.
5. In accordance with article 29, Switzerland declares with regard to articles 17
(1), 24 and 25 that an application for rendering enforceable an order for payment
of costs and expenses and any accompanying documents must be drawn up in the language
of the requested authority, that is in German, French or Italian, or accompanied by
a translation into one of these languages, depending on the part of Switzerland in
which the application is to be implemented.