General information
- Entry into force: 01-05-1988
Kingdom part
Netherlands (in Europe)
- Entry into force: 01-06-1992
Party
Albania
- Ratification: 15-10-2007 (A)
- Entry into force: 01-01-2008
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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.
Belarus
- Ratification: 18-12-1997 (A)
- Entry into force: 01-03-1998
Bosnia and Herzegovina
- Ratification: 23-08-1993 (Su)
- Entry into force: 06-03-1992
Croatia
- Ratification: 23-04-1993 (Su)
- Entry into force: 08-10-1991
Czech Republic
- Signature: 28-04-2000
- Ratification: 03-04-2001 (R)
- Entry into force: 01-07-2001
Finland
- Signature: 12-09-1985
- Ratification: 13-06-1988 (R)
- Entry into force: 01-09-1988
Germany
Greece
Italy
Kazakhstan
- Ratification: 29-01-2015 (A)
- Entry into force: 01-04-2015
Poland
- Ratification: 10-08-1992 (A)
- Entry into force: 01-11-1992
Slovenia
- Ratification: 08-06-1992 (Su)
- Entry into force: 25-06-1991
Türkiye
Yugoslavia (< 25-06-1991)
- Signature: 12-07-1988
- Ratification: 12-07-1988 (R)
- Entry into force: 01-10-1988
Brazil
- Ratification: 15-11-2011 (A)
- Entry into force: 01-02-2012
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Ratification: 23-11-1999 (A)
- Entry into force: 01-02-2000
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
Cyprus
Estonia
France
- Signature: 25-10-1980
- Ratification: 22-12-1982 (R)
- Entry into force: 01-05-1988
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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.
reservation
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
Lithuania
- Ratification: 04-08-2000 (A)
- Entry into force: 01-11-2000
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Signature: 13-04-1981
- Ratification: 06-02-2003 (R)
- Entry into force: 01-05-2003
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Ratification: 24-02-2011 (A)
- Entry into force: 01-05-2011
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Ratification: 01-03-2007 (Su)
- Entry into force: 03-06-2006
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Signature: 16-09-1981
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Signature: 15-09-1989
- Ratification: 02-03-1992 (R)
- Entry into force: 01-06-1992
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
Romania
- Ratification: 21-08-2003 (A)
- Entry into force: 01-11-2003
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
- Ratification: 19-04-2001 (Su)
- Entry into force: 27-04-1992
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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".
reservation
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
- Signature: 19-09-2002
- Ratification: 11-03-2003 (R)
- Entry into force: 01-06-2003
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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
Sweden
Switzerland
- Signature: 21-05-1985
- Ratification: 28-10-1994 (R)
- Entry into force: 01-01-1995
- Reservations / Declarations: Yes
- Objections: No
-
reservation
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.
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