Verdrag inzake de bevoegdheid, het toepasselijke recht, de erkenning, de tenuitvoerlegging en de samenwerking op het gebied van ouderlijke verantwoordelijkheid en maatregelen ter bescherming van kinderen
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Albanië | Ja | Nee |
Armenië | Ja | Nee |
België | Ja | Nee |
Belize | Ja | Nee |
Bulgarije | Ja | Nee |
Cuba | Ja | Nee |
Cyprus | Ja | Nee |
Denemarken | Ja | Nee |
Duitsland | Ja | Nee |
El Salvador | Ja | Nee |
Estland | Ja | Nee |
Fiji | Ja | Nee |
Finland | Ja | Nee |
Frankrijk | Ja | Nee |
Georgië | Ja | Nee |
Griekenland | Ja | Nee |
Hongarije | Ja | Nee |
Ierland | Ja | Nee |
Italië | Ja | Nee |
Kroatië | Ja | Nee |
Letland | Ja | Nee |
Litouwen | Ja | Nee |
Luxemburg | Ja | Nee |
Malta | Ja | Nee |
Montenegro | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Nicaragua | Ja | Nee |
Noorwegen | Ja | Nee |
Oekraïne | Ja | Nee |
Oostenrijk | Ja | Nee |
Polen | Ja | Nee |
Portugal | Ja | Nee |
Roemenië | Ja | Nee |
Russische Federatie | Ja | Nee |
Servië | Ja | Nee |
Slovenië | Ja | Nee |
Slowakije | Ja | Nee |
Spanje | Ja | Nee |
Tsjechië | Ja | Nee |
Turkije | Ja | Ja |
Verenigd Koninkrijk | Ja | Nee |
Zweden | Ja | Nee |
Zwitserland | Ja | Nee |
Albanië
18-05-2006
In accordance with the paragraph of the Article 34 of the Convention, the Republic
of Albania declares that requests under paragraph 1 of this Article shall be communicated
to its authorities only through its Central Authority.
In accordance with the paragraph 1 of the Article 60 of the Convention, the Republic
of Albania reserves the right of jurisdiction of its authorities to take measures
directed to the protection of the property of a child situated on its territory; and
reserves the right not to recognise any parental responsibility or measure in so far
as it is incompatible with any measure taken by its authorities in relation to that
property, as it is provided in paragraph 1 of Article 55 of the Convention.
Armenië
01-03-2007
Pursuant to Article 34, paragraph 2 of the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility
and Measures for the Protection of Children, the Republic of Armenia declares that
requests under Article 34, paragraph 1 of the Convention shall be communicated to
its authorities only through its Central Authority.
Pursuant to Article 60 of the Convention, the Republic of Armenia makes the following
reservations:
1. In accordance with Article 54, paragraph 2 of the Convention, to object to the
use of French;
2. In accordance with Article 55, paragraph 1, subparagraph a, to reserve the jurisdiction
of its authorities to take measures directed to the protection of real estate and
other property of a child which is situated on its territory and is subject to state
registration;
3. In accordance with Article 55, paragraph 1, subparagraph b, not to recognize any
parental responsibility or measure in so far as it is incompatible with any measure
taken by its authorities in relation to that property.
België
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Belgium by application of the relevant internal rules of Community law.
28-05-2014
In accordance with article 34, paragraph 2 of the 1996 Hague Convention, the Kingdom
of Belgium declares that requests made under paragraph 1 of article 34 shall be communicated
to its authorities only through the relevant Central Authority.
In accordance with article 29 of the 1996 Hague Convention, the Federal Public Service
Justice is designated as the Central Authority.
In accordance with article 44 of the 1996 Hague Convention, the Federal Public Service
Justice is designated as the authority to which requests under articles 8, 9 and 33
of the Convention are to be addressed.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Belize
12-12-2024
Article 54: In accordance with Article 60, paragraph 1 and Article 54, paragraph 2,
Belize objects to the use of French translations of communications sent to the Central
Authority of Belize. Belize further adds that any communication to the Central Authority
of Belize shall be in the original language and shall be accompanie[d] by English
translations.
Article 55: In accordance with Article 60, paragraph 2 and Article 55, paragraph 1,
Belize reserves the jurisdiction of its authorities to take measures directed to the
protection of property of a child situated on its territory and reserves the right
not to recognize any parental responsibility or measures in so far as it is incompatible
with any measure taken by its authority in relation to that property.
The Government of Belize […] declares that in accordance with Article 34 (2), all
requests for information relevant to the protection of a child, shall be communicated
only through the Central Authority.
Bulgarije
08-03-2006
1. Declaration under Article 34, paragraph 2: In accordance with Article 34, paragraph
2, of the Convention, the Republic of Bulgaria declares that requests under paragraph
1 of the same article shall be communicated only through its Central Authority.
2. Reservation under Article 60, paragraph 1: In accordance with Article 60, paragraph
1, and pursuant to Article 55, paragraph 1, of the Convention, the Republic of Bulgaria
reserves the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory, as well as the right not to recognise
any parental responsibility or measure in so far as it is incompatible with any measure
taken by its authorities in relation to that property.
14-07-2010
Articles 23, 26, 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgments. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention.
Accordingly, a judgment given in a court of a Member State of the European Union,
in respect of a matter relating to the Convention, shall be recognized and enforced
in the Republic of Bulgaria by application of the relevant internal rules of the Community
law.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Cuba
20-02-2017
In accordance with the Constitution of the Republic of Cuba, all children have equal rights, independently of whether they are born in or out of wedlock. Any distinction based on the nature of parentage has been abolished. No declaration will be issued that distinguishes in any way between births on the basis of the marital status of the parents recorded on the children’s birth certificates or on any other document that makes reference to parentage.
Cyprus
21-07-2010
Pursuant to Article 45, paragraph 2, of the Convention (...), the Republic of Cyprus
declares that requests [under] Article 34, paragraph 1, shall be communicated to its
authorities only through its Central Authority.
Pursuant to Article 60, paragraph 1, of the Convention, the Republic of Cyprus makes
a reservation provided for in Article 54, that any communication sent to the Central
Authority of the Republic of Cyprus shall be in the original language and shall be
accompanied by a translation into English.
Pursuant to Article 60, paragraph 1, of the Convention (...), the Republic of Cyprus
reserves the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory and reserves the right not to recognize
any parental responsibility or measure in so far as it is incompatible with any measure
taken by its authorities in relation to that property, as it is provided in paragraph
1 of Article 55 of the Convention.
24-03-2011
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgments. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgment given in a court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in the Republic
of Cyprus by application of the relevant internal rules of Community law.
(...) in accordance with Article 60, paragraph 2, of the said Convention, the withdrawal
of the Reservation submitted by Cyprus at the time of ratification of the Convention
pursuant to Article 60, paragraph 1. The withdrawal of the Reservation (....) concerns
the Reservation submitted by Cyprus at the time of ratification in relation to Article
55 of the Convention.
08-12-2016
The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey
upon ratification of the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in respect of Parental Responsibility and Measures for
the Protection of Children dated 7 October 2016 and registered at the Ministry of
Foreign Affairs of the Kingdom of the Netherlands on the same date.
The Republic of Turkey declares that its ratification of the Convention on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility
and Measures for the Protection of Children neither amounts to any form of recognition
of the Republic of Cyprus, as party to that Convention, nor should it imply any obligation
on the part of the Republic of Turkey to enter into any dealing with the Republic
of Cyprus within the framework of the said Convention.
In the view of the Republic of Cyprus, the content and purported effect of this Declaration
makes it tantamount in its essence to a reservation contrary to the object and purpose
of the Convention. By such Declaration, the Republic of Turkey purports to evade its
obligations under the Convention vis-à-vis another equal and sovereign State Party,
namely the Republic of Cyprus. Indeed, the Declaration prevents the realization of
cooperation between State Parties foreseen by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid Declaration made by
the Republic of Turkey and considers such declaration to be null and void. The aforementioned
objections by the Republic of Cyprus shall not preclude the entry into force of the
Convention, in their entirety, between the Republic of Cyprus and the Republic of
Turkey.
Regarding the Republic of Turkey's pretension, as expressed in the same Declaration,
that the Republic of Cyprus is “defunct” and that “there is no single authority which
in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek
Cypriots and consequently Cyprus as a whole”, the Republic of Cyprus would like to
remind of the following:
Despite, being, through binding international agreements, a guarantor of “the independence,
territorial integrity and security of the Republic of Cyprus” (Article II of the 1960
Treaty of Guarantee), the Republic of Turkey illegally invaded Cyprus in 1974 and
continues since then occupying 36.2% of the territory of the Republic.
The illegality of such aggression was made manifested by the U.N. Security Council
Resolutions 541 (1983) and 550 (1984). Resolution 541's operative para. 2 considers
“the declaration [of the Turkish Cypriot authorities of the purported secession of
part of the Republic of Cyprus] as legally invalid and « calls for its withdrawal”.
Para.3 then “reiterates the call upon all States to respect the sovereignty, independence,
territorial integrity and non-alignment of the Republic of Cyprus and further calls
upon all states not to recognize any Cypriot state other than the Republic of Cyprus”.
Resolution 550, operative para. 2, also “condemns all secessionist actions, including
the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership,
declares them illegal and invalid, and calls for their immediate withdrawal”. Para.
3 then “reiterates the call upon all States not to recognize the purported state of
the 'Turkish Republic of Northern Cyprus" set up by secessionist acts and calls upon
them not to facilitate or in any way assist the aforesaid secessionist entity”.
The European Court of Human Rights additionally, in its Judgment of 10th May 2001
on the Fourth Interstate Application of Cyprus v. Turkey, found, at para. 77, that
Turkey, which has “effective control over northern Cyprus”, is responsible for securing
all human rights under the European Convention on Human Rights and for violations
of such rights by her own soldiers or officials, or by the local administration, which
are imputable to Turkey. The responsibilities of the occupying power emanate from
international humanitarian law, including the Fourth Geneva Convention.
Turkey is responsible for the policies and actions of the "TRNC" because of the effective
control she exercises through her army. Her responsibility is engaged by virtue of
the acts of the local administration, which survives by virtue of Turkish military
and other support (Cyprus v. Turkey, Judgment, 10 May 2001, at pp. 20-21, reiterating
Loizidou). From the judgments of the European Court of Human Rights and the Security
Council Resolutions on Cyprus, it is evident that the international community does
not regard the 'TRNC" (Turkey's subordinate local administration in occupied Cyprus,
condemned in the strongest terms by the Security Council) as a State under international
law (Cyprus v. Turkey, 10 May 2001, para. 61). In contrast, the Republic of Cyprus
has repeatedly been held to be the sole legitimate Government of Cyprus, contrary
to Turkey's assertions about that Government, which Turkey calls "the Greek Cypriot
Administration" with pretences "to represent the defunct Republic". The Turkish assertions
constitute a propaganda ploy to divert attention from Turkey's responsibility for
the violations in occupied Cyprus. Turkey's assertions and her assorted objections
to the Republic of Cyprus' authority, jurisdiction and sovereignty, and her claims
on behalf of the Turkish Cypriots and the "TRNC", have repeatedly been rejected by
the international community and relevant judicial bodies where such claims were fully
argued and then rejected in Cyprus's pleadings. Misrepresentations about the treatment
of Turkish Cypriots by the Government of Cyprus were made. (These claims were repeated
in Turkey's current Declaration). In fact, the European Court of Human Rights and
the Commission accepted Cyprus arguments and refutation of Turkish assertions and
exaggerations about the period prior to Turkey's invasion of Cyprus in July 1974.
It refused to pronounce on Turkey's version of the ejection of Turkish Cypriots from
offices of State (there was in fact a Turkish boycott).
It is now time for the relevant pronouncement in Resolutions and the decisions therein,
as well as in judgments of the European Court of Human Rights to be heard and acted
upon. The Court itself insisted in its 12 May 2014 Just Satisfaction Judgment that
this must happen once the Court had spoken (Cyprus v. Turkey, p. 23 Joint Concurring
Judgment of nine Judges). It should be emphasized that, as recently as 26 July 2016
(Security Council Resolution 2300), the Security Council reaffirmed all its relevant
Resolutions on Cyprus, having, over several decades, reiterated their content.
Nevertheless, the Republic of Turkey, not only flagrantly holds in contempt all relevant
U.N. Resolutions, International Law rules and the UN Charter on the matter, but furthermore
she continues violating international legality, by systematically questioning the
legitimacy of the Republic of Cyprus and further promoting the illegal secessionist
entity in the occupied part of the Republic of Cyprus, including through declarations,
as the one at hand.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Denemarken
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Denmark by application of the relevant internal rules of Community law.
30-06-2011
In accordance with Article 34, paragraph 2, the Kingdom of Denmark declares that requests
under Article 34, paragraph 1, shall be communicated to its authorities only through
its Central Authority.
In accordance with Article 60, paragraph 1, the Kingdom of Denmark declares that it
objects to the use of French as provided for in Article 54, paragraph 2.
The Convention shall not apply to Greenland and the Faroe Islands.
22-04-2016
The Convention should now be applied to Greenland wherefore the Kingdom of Denmark withdraws its territorial declaration with regard to Greenland in accordance with Article 60, paragraph 2.
Duitsland
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Federal Republic of Germany by application of the relevant internal rules of Community law.
17-09-2010
The Federal Republic of Germany makes a reservation, in accordance with Article 54, paragraph 2, and Article 60 of the Convention, objecting to the use of the French language.
06-06-2018
The Federal Republic of Germany takes note of the Declarations submitted by Ukraine
on 16 October 2015 regarding the application of the Convention on Civil Procedure
(1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public
Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) and the Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous
Republic of Crimea and the city of Sevastopol and of the Declarations submitted by
the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Federal Republic
of Germany declares, in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognise the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
Regarding the territorial scope of the above Conventions, the Federal Republic of
Germany therefore considers that the Conventions in principle continue to apply to
the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Federal Republic of Germany further notes the Declarations by Ukraine that the
Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under
the control of Ukraine and that the application and implementation by Ukraine of its
obligations under the Conventions is limited and not guaranteed in relation to this
part of Ukraine's territory, and that only the government of Ukraine will determine
the procedure for relevant communication.
As a consequence of the above, the Federal Republic of Germany declares that it will
only engage with the government of Ukraine for the purposes of the application and
implementation of the conventions with regard to the Autonomous Republic of Crimea
and the city of Sevastopol.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
El Salvador
10-09-2024
1. The Republic of El Salvador, in accordance with article 60 and article 54, paragraph
2, of the Convention, objects [to] the use of French in communications sent to the
Salvadoran authorities.
2. The Republic of El Salvador, by virtue of the provisions of articles 60 and 55
of the Convention, reserves the jurisdiction of its authorities to take measures directed
to the protection of property of a child situated on its territory, as well as the
right of not to recognize parental responsibility or a measure in so far as it is
incompatible with any measure adopted by its authorities in relation to that property.
Estland
06-08-2002
Pursuant to Article 34, paragraph 2, of the Convention the Republic of Estonia notifies
that the requests under paragraph 1 of the same Article shall be communicated to the
authorities of the Republic of Estonia only through its Central Authority.
Pursuant to Article 60, paragraph 1, of the Convention the Republic of Estonia makes
a reservation provided for in Article 54 that any communication sent to the Central
Authority of the Republic of Estonia shall be in the original language, and shall
be accompanied by a translation into English.
17-05-2005
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Estonia by application of the relevant internal rules of Community law.
12-07-2012
The Republic of Estonia declares, pursuant to Article 52 paragraph 1 of the Convention, that the rules on applicable law of this Convention shall take precedence over the rules of the Agreement between the Republic of Estonia and the Republic of Poland on granting legal assistance and legal relations on civil, labour and criminal matters, signed in Tallinn on November 27, 1998.
04-03-2014
The Republic of Estonia declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of this Convention shall take precedence over the rules of the Agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania on Legal Assistance and Legal Relationships, signed in Tallinn on 11 November 1992.
30-04-2019
Estonia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the service abroad of judicial and extrajudicial
documents in civil or commercial matters (1965), the Convention on the taking of evidence
abroad in civil or commercial matters (1970) and the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Estonia declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Estonia therefore considers
that the conventions in principle continue to apply to the Autonomous Republic of
Crimea and the city of Sevastopol as part of the territory of Ukraine.
Estonia further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Estonia declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Fiji
05-06-2018
Fiji reserves its right not to recognise orders made by other member States in relation to traditional land interests of a child for land administered by the iTaukei Land Trust Board in conjunction with iTaukei Lands Commission.
Finland
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Finland by application of the relevant internal rules of Community law.
19-09-2018
The Government of Finland takes note of the Declarations submitted by Ukraine on 16
October 2015 regarding the application of the Convention on Civil Procedure (1954),
the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents
(1961), the Convention on the service abroad of judicial and extrajudicial documents
in civil or commercial matters (1965), the Convention on the taking of evidence abroad
in civil or commercial matters (1970), the Convention on the Civil Aspects of International
Child Abduction (1980) and the Convention on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility and Measures for
the Protection of Children (1996) and the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic
of Crimea and the city of Sevastopol and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Finland declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Finland therefore considers
that the conventions in principle continue to apply to the Autonomous Republic of
Crimea and the city of Sevastopol as part of the territory of Ukraine.
Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea
and the city of Sevastopol are temporarily not under the control of Ukraine and that
the application and implementation by Ukraine of its obligations under the Conventions
is limited and not guaranteed in relation to this part of Ukraine's territory, and
that only the central authorities of Ukraine in Kyiv will determine the procedure
for relevant communication.
As a consequence of the above, Finland declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kyiv for the purposes of the
application and implementation of the said conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Frankrijk
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in France by application of the relevant internal rules of Community law.
15-10-2010
Declaration pursuant to Article 34, paragraph 2:
France declares that requests under paragraph 1 of this Article shall be communicated
to its authorities only through its Central Authority.
08-07-2011
The French Republic declares, pursuant to Article 52, paragraph 1 of the Convention, that the provisions on applicable law of this Convention shall take precedence over the provisions of the Convention between the French Republic and the People's Republic of Poland on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, signed at Warsaw on 5 April 1967.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Georgië
01-04-2014
In accordance with paragraph 2 of Article 34 of the Convention, Georgia declares that
the information under paragraph 1 of this Article shall be requested from Georgian
authorities only through its Central Authority (Ministry of Justice of Georgia).
In accordance with Article 44 of the Convention, Georgia declares that the requests
according to Articles 8, 9 and 33 of the Convention shall be sent to the Central Authority
of Georgia (Ministry of Justice of Georgia).
In accordance with paragraph 1 of Article 60 and paragraph 2 of article 54 Georgia
makes a reservation that any communication sent to the Central Authority of Georgia
(Ministry of Justice of Georgia) shall be accompanied by a translation into the official
language of Georgia or into English. In this respect, Georgia objects to the use of
French.
Griekenland
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Greece by application of the relevant internal rules of Community law.
07-02-2012
Greece declares that the applications, according to art. 34 par. 1, will be forwarded to the Authorities only through the Central Authority.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Hongarije
22-09-2005
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgement. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Hungary by application of the relevant internal rules of Community law.
13-01-2006
1. To Paragraph 2 of Article 34
Pursuant to Paragraph 2 of Article 34 of the Convention, the Republic of Hungary has
the honour to declare that requests under Paragraph 1 of Article 34 of the Convention
are to be communicated only to its Central Authority.
2. To Paragraph 2 of Article 54
Pursuant to Paragraph 2 of Article 54 of the Convention, the Republic of Hungary reserves
the right to accept the requests communicated to its Central Authority only in Hungarian
language, where that is not feasible, the request shall be accompanied by English
translation.
3. To Paragraph 1 of Article 55
The Republic of Hungary reserves the jurisdiction of its authorities to take measures
directed to the protection of property of a child situated on its territory, and reserves
the right not to recognise any parental responsibility or measure in so far it is
incompatible with any measure taken by its authorities in relation to that property.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Ierland
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgments. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgement given in a Court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in Ireland by
application of the relevant internal rules of Community law.
24-12-2010
(...) Ireland, pursuant to Article 34, paragraph 2 of the Convention, hereby declares that requests under paragraph 1 of Article 34 shall be communicated to its authorities only through its Central Authority.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Italië
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Italy by application of the relevant internal rules of Community law.
30-09-2015
With reference to Articles 60 and 55, para 1, of the Convention, the Italian Republic
reserves:
1) the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory;
2) the right not to recognize any parental responsibility or measure in so far as
it is incompatible with any measure taken by its authorities in relation to that property.
With reference to Art. 34, para 2, of the Convention, the Italian Republic declares
that requests under paragraph 34.1 shall be communicated to its authorities only through
its Central Authority.
With reference to Art. 44 of the Convention, the Italian Republic declares that the
requests under Articles 8, 9 and 33 of the Convention are to be addressed to its designated
Central Authority.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Kroatië
04-09-2009
Declaration concerning Article 34, paragraph 2
In accordance with Article 34, paragraph 2, of the Convention, the Republic of Croatia
declares that requests under Article 34, paragraph 1, of the Convention, shall be
communicated to its authorities only through its Central Authority.
Declaration concerning Articles 23, 26, and 52
The Republic of Croatia declares that, at the moment when it becomes the member of
European Union, it shall apply the relevant internal rules of Community law to the
recognition and enforcement of a decision, in respect of the matter relating to the
Convention, issued by a Court of a Member State of the European Union.
Reservation concerning Article 60 in connection with Article 55
In accordance with Article 60 of the Convention, the Republic of Croatia reserves
the jurisdiction of its authorities to take measures for the protection of (immovable)
property and related property's rights of a child, whereas such property is situated
on its territory, and reserves the right not to recognise any decision on parental
responsibility if it is incompatible with the measure of its authority in charge in
relation to the property of a child.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Letland
12-12-2002
Pursuant to Article 45, paragraph 2 of the Convention [...], the Republic of Latvia
declares that requests unter Article 34, paragraph 1 shall be communicated to its
authorities only through its Central Authority.
Pursuant to Article 60, paragraph 1 of the Convention [...], the Republic of Latvia
objects to the use of French as provided for in Article 54, paragraph 2 of the Convention.
Pursuant of Article 60, paragraph 1 of the Convention [...], the Republic of Latvia
reserves the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory as provided for in Article 55 of
the Convention.
12-05-2009
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Republic of Latvia by application of the relevant internal rules of Community law.
07-03-2012
In accordance with Article 52, paragraph 1 of the Convention of 19 October 1996 on
Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect
of Parental Responsibility and Measures for the Protection of Children the Republic
of Latvia declares that the provisions of this Convention on applicable law shall
prevail over the provisions of the:
- Agreement of 23 February 1994 between the Republic of Latvia and the Republic of
Poland on Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal
Matters;
- Agreement of 11 November 1992 between the Republic of Latvia, the Republic of Estonia
and the Republic of Lithuania on Legal Assistance and Legal Relations.
04-04-2018
The Ministry of Foreign Affairs of the Republic of Latvia […] with reference to […]
the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement
of Legalisation for Foreign Public Documents (1961), the Convention on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965),
the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970),
the Convention on the Civil Aspects of International Child Abduction (1980),and the
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation
in Respect of Parental Responsibility and Measures for the Protection of Children
(1996) has to honour to convey the following.
The Government of the Republic of Latvia takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions
to the Autonomous Republic of Crimea and the city of Sevastopol and of the Declarations
submitted by the Russian Federation on 19 July 2016 in relation to the Declarations
made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Latvia
declares, in line with the conclusions of the European Council of 20/21 March 2014,
that it does not recognise the illegal referendum in Crimea and the illegal annexation
of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Latvia
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Latvia further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol are temporarily not under the control
of Ukraine and that the application and implementation by Ukraine of its obligations
under the Convention is limited and not guaranteed in relation to this part of Ukraine's
territory, and that only the central authorities of Ukraine in Kyiv will determine
the procedure for relevant communication.
As a consequence of the above, the Republic of Latvia declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol and will not accept any documents or requests
emanating from such authorities or through the authorities of the Russian Federation,
but will only engage with the central authorities of Ukraine in Kiev for the purposes
of the application and implementation of the convention.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Litouwen
29-10-2003
[...] that requests under paragraph 1 of Article 34 shall be communicated to its authorities
only through its Central Authority;
[...] that any communication sent to the Republic of Lithuania shall be translated
into the Lithuanian language or, if it is not possible, into the English language;
[...] that the Republic of Lithuania reserves the jurisdiction of its authorities
to take measures directed to the protection of immovable property of a child situated
in the territory of the Republic of Lithuania.
26-07-2004
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Republic of Lithuania by application of the relevant internal rules of Community law.
16-06-2020
The Government of the Republic of Lithuania takes note of the Declarations submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on Civil
Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign
Public Documents (1961), the Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (1965), the Convention on the Taking of Evidence
Abroad in Civil or Commercial Matters (1970), the Convention on the Civil Aspects
of International Child Abduction (1980) and the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (1996) to the Autonomous Republic of Crimea
and the city of Sevastopol and of the Declarations submitted by the Russian Federation
on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Government of
the Republic of Lithuania declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and
the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Conventions, the Government of the Republic
of Lithuania therefore considers that the conventions in principle continue to apply
to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Republic of Lithuania further notes the Declaration by Ukraine
that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Conventions is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Republic of Lithuania declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kyiv for the purposes of the application and implementation of the said conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Luxemburg
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Luxemburg by application of the relevant internal rules of Community law.
05-08-2010
The Grand Duchy of Luxembourg confirms the declaration pronounced at the time of signature.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Malta
24-02-2011
Pursuant to Article 34, paragraph 2 of the Convention, the Government of Malta declares,
that requests received under Article 34, paragraph 1 of the Convention are to be communicated
to its authorities only through its Central Authority.
Pursuant to Article 54 paragraph 2 of the Convention, the Government of Malta declares,
that it cannot accept communications in the French language.
Pursuant to Article 60 and Article 55, paragraph 1 of the Convention, the Government
of Malta reserves:
a) the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory;
b) the right not to recognise any parental responsibility or measure in so far as
it is incompatible with any measure taken by its authorities in relation to that property.
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgements. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgment given in a Court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in Malta by
application of the relevant internal rules of Community law.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Montenegro
14-02-2012
In accordance with Article 60 and in relation with article 55 of the Convention on
Jurisdiction, Applicable law, Recognition, Enforcement and Co-operation in Respect
of Parental Responsibility and Measures for the Protection of Children adopted at
The Hague on 19 October 1996, the Government of Montenegro declares that this Convention
shall not apply to:
Montenegro maintains the jurisdiction of its authorities to take measures directed
to the protection of property of a child situated on its territory and maintains the
right not to recognize any parental responsibility or measure in so far as it is incompatible
with any measure taken by its authorities in relation to that property.
In accordance with article 34 paragraph 2 of the Convention, Montenegro declares that
request under article 34 paragraph 1 of the Convention shall be communicated to its
authorities only through [the] Central Authority.
Nederlanden, het Koninkrijk der
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Kingdom of the Netherlands by application of the relevant internal rules of Community law.
31-01-2011
In accordance with the provisions of Article 52, first paragraph, of the Convention
on jurisdiction, applicable law, recognition, enforcement and co-operation in respect
of parental responsibility and measures for the protection of children, concluded
at The Hague on 19 October 1996, and Article 20 of the European Convention on recognition
and enforcement of decisions concerning custody of children and on restoration of
custody of children, concluded at Luxembourg on 20 May 1980, the Government of the
Kingdom of the Netherlands declares that in the relations of the Netherlands with
other States Parties to both the Convention of 1996 and the Convention of 1980, the
former Convention shall take precedence.
The Government of the Kingdom of the Netherlands declares that whereas Curaçao is
not bound by the 1951 Convention relating to the Status of Refugees, Article 6 of
the present Convention shall be interpreted as containing a reference only to such
other international human rights or humanitarian instruments as are binding on the
Kingdom of the Netherlands with respect to Curaçao.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Nicaragua
13-05-2021
Article 2
Nicaragua expresses a reservation with regard to Article 54 (2). For the purposes
of this Convention, Nicaragua will accept communications, requests and documentation
which are accompanied by translations into the Spanish language, or, when this is
difficult to achieve, accompanied by translations into English.
Article 3
Nicaragua expresses a reservation with regard to Article 55 (1)(a). Nicaragua will
recognise the jurisdiction of its national authorities to take measures directed to
the protection of property of a child only when the property in question is situated
on its territory.
19-11-2021
Article 4
Nicaragua expresses a reservation with regard to Article 55 (1)(b). Nicaragua reserves
the right not to recognize any parental responsibility or measure in so far as it
is incompatible with any measure taken by its authorities in relation to that property.
Noorwegen
30-03-2016
In accordance with Article 60, paragraph 1, the Kingdom of Norway declares that it
objects to the use of French as provided for in Article 54, paragraph 2.
In accordance with Article 34, paragraph 2 of the Convention, the Kingdom of Norway
declares that requests under Article 34, paragraph 1, shall be communicated to its
authorities only through its Central Authority.
In accordance with Article 44 of the Convention, the Kingdom of Norway declares that
the Norwegian Central Authority is designated as the authority to which requests under
Articles 8, 9 and 33 of the Convention are to be addressed.
Oekraïne
03-04-2007
In accordance with Article 34, paragraph 2, of the Convention Ukraine declares that
the requests for the purposes of paragraph 1 of this Article shall be sent to Ukraine
only through its central authority.
In accordance with Article 44 of the Convention Ukraine declares that the requests
according to Articles 8, 9 and 33 of the Convention shall be sent to the central authority
of Ukraine.
In accordance with Articles 55 and 60 of the Convention Ukraine determines that it:
a) keeps the jurisdiction of its competent authorities to take measures directed towards
the protection of child's immovable property located in its territory.
b) reserves the right not to recognize any parental responsibility as well as measures
if they are incompatible with the measure used by its competent authorities in respect
of child's immovable property located in its territory.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine - the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against the Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, as applied to the aforementioned occupied and uncontrolled
territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions regarding the possibility of direct communication
or interaction do not apply to the territorial organs of Ukraine in the Autonomous
Republic of Crimea and the city of Sevastopol, as well as in certain districts of
the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control
of Ukraine. The procedure of the relevant communication is determined by the central
authorities of Ukraine in Kyiv.
09-03-2022
In view of the ongoing aggression of the Russian Federation against Ukraine, Ukraine hereby informs the Depositary […] of the inability to guarantee the fulfilment by the Ukrainian side of obligations [under the above Convention] to the full extent for the period of the armed aggression of the Russian Federation and the martial law in place in the territory of Ukraine until complete termination of the encroachment upon the sovereignty, territorial integrity and inviolability of Ukraine.
01-12-2023
[The aforementioned treaty is] implemented on the territory of Ukraine in full, with
the exception of the territories where hostilities are (were) conducted or temporarily
occupied by the Russian Federation, on which it is impossible to fully guarantee the
Ukrainian Party's fulfillment of its obligations under [this treaty] as a result of
the armed aggression of the Russian Federation against Ukraine, as well as the introduction
of martial law on the territory of Ukraine until the complete cessation of encroachment
on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Oostenrijk
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Austria by application of the relevant internal rules of Community law.
22-12-2010
The Republic of Austria makes a reservation in accordance with Article 54 paragraph
2 and Article 60 paragraph 1, objecting the use of the French language.
The Republic of Austria declares according to Article 52 paragraph 1 that the provisions
of this Convention on applicable law shall prevail over the provisions of the Agreement
between the Republic of Austria and the People's Republic of Poland on Mutual Legal
Relations in Civil Matters and on Documents with final protocol and additional protocol.
09-03-2018
Austria takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention on Civil Procedure (1954), the Convention Abolishing
the Requirement of Legalisation for Foreign Public Documents (1961), the Convention
on the Civil Aspects of International Child Abduction (1980) and the Convention on
Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect
of Parental Responsibility and Measures for the Protection of Children (1996) to the
"Autonomous Republic of Crimea" and the city of Sevastopol and of the Declarations
submitted by the Russian Federation on 19 July 2016 in relation to the Declarations
made by Ukraine.
In relation to the Declarations made by the Russian Federation, Austria declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Austria therefore considers
that the Conventions in principle continue to apply to the "Autonomous Republic of
Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Austria further notes the Declarations by Ukraine that the "Autonomous Republic of
Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the central authorities of Ukraine in Kiev will determine the procedure
for relevant communication. As a consequence of the above, Austria declares that it
will not engage in any direct communication or interaction with authorities in the
Autonomous Republic of Crimea and the city of Sevastopol and will not accept any documents
or requests emanating from such authorities or through the authorities of the Russian
Federation, but will only engage with the central authorities of Ukraine in Kiev for
the purposes of the application and implementation of the conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Polen
27-07-2010
I - Declarations
1) requests under Article 34 par. 1 shall be communicated only through the Ministry
of Justice (Article 34 par. 2),
2) Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of
flexibility in order to apply a simple and rapid regime for the recognition and enforcement
of judgments. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgment given in a court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in the Republic
of Poland by application of the relevant internal rules of Community law.
II - Reservations
The Republic of Poland
1) reserves the jurisdiction of its authorities in order to take measures directed
to the protection of immovable property of a child situated in the territory of the
Republic of Poland (Article 55 par. 1 sub-par. a),
2) reserves the right not to recognise any parental responsibility or measure in so
far as it is incompatible with any measure taken by the Polish authorities in relation
to immovable property of a child situated in the territory of the Republic of Poland
(Article 55 par. 1 sub-par. b).
07-04-2011
The Republic of Poland declares pursuant to Article 52 paragraph 1 that the rules on applicable law of this Convention shall take precedence over the rules of the Convention between Poland and Austria on mutual relations in civil matters and on documents signed at Vienna on 11 december 1963 as modified by the protocol signed at Vienna on 25 January 1973.
18-05-2011
The Republic of Poland declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of the Convention shall take precedence over the rules of the Treaty between the Polish People's Republic and the Czechoslovak Socialist Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987.
08-07-2011
The Republic of Poland declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of this Convention shall take precedence over the rules of the Convention between the People's Republic of Poland and the French Republic on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, concluded in Warsaw on 5 April 1967.
24-05-2012
The Republic of Poland declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of the Convention shall take precedence over the rules of the Agreement between the Republic of Poland and the Republic of Latvia on Legal Assistance and Legal Relationships in Civil, Family, Labour and Criminal Matters, signed at Riga on 23 February 1994.
12-07-2012
The Republic of Poland declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of the Convention shall take precedence over the rules of the Agreement between the Republic of Poland and the Republic of Estonia on Legal Assistance and Legal Relationships in Civil, Family, Labour and Criminal Matters, signed at Tallin on 27 November 1998.
29-04-2021
The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October
2015 regarding the application of the Convention on civil procedure (1954), the Convention
on the service abroad of judicial and extrajudicial documents in civil or commercial
matters (1965), the Convention on the taking of evidence abroad in civil or commercial
matters (1970), the Convention on the recognition and enforcement of decisions relating
to maintenance obligations (1973), the Convention on the civil aspects of international
child abduction (1980) and the Convention on jurisdiction, applicable law, recognition,
enforcement and co-operation in respect of parental responsibility and measures for
the protection of children (1996) and of the Declarations submitted by the Russian
Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland
declares, in accordance with the duty of non-recognition as lawful a situation created
by a serious breach by State of an obligation arising under a peremptory norm of general
international law and in line with the conclusions of the European Council of 20/21
March 2014, that it does not recognize the illegal referendum in Crimea and the illegal
annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the
Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland
therefore considers that the Conventions in principle continue to apply to the Autonomous
Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous
Republic of Crimea and the city of Sevastopol as well as certain districts of the
Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the government of Ukraine will determine the procedure for relevant
communication.
As a consequence of the above, the Republic of Poland declares that it will not engage
in any direct communication or interaction with authorities in the Autonomous Republic
of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk
and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine for the purposes of the application
and implementation of the conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Portugal
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Portugal by application of the relevant internal rules of Community law.
14-04-2011
Articles 23, 26 and 52 of the Convention allow contracting parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgements. The community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a court of a member state of the European Union, in respect of a matter relating to the Convention, shall be recognized and enforced in Portugal by application of the relevant internal rules of community law.
13-03-2018
The Government of the Portuguese Republic takes note of the Declaration submitted
by Ukraine on 16 October 2015 regarding the application of the Convention on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children, done at The Hague, on 19 October 1996,
to the "Autonomous Republic of Crimea" and the city of Sevastopol and of the Declaration
submitted by the Russian Federation on 19 July 2016 in relation to the Declaration
made by Ukraine.
In relation to the Declaration made by the Russian Federation, the Government of the
Portuguese Republic declares, in line with the conclusions of the European Council
of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and
the illegal annexation of the "Autonomous Republic of Crimea" and the city of Sevastopol
to the Russian Federation.
As regards the territorial scope of the above Convention, the Government of the Portuguese
Republic therefore considers that the Convention in principle continues to apply to
the "Autonomous Republic of Crimea" and the city of Sevastopol as part of the territory
of Ukraine.
The Government of the Portuguese Republic further notes the Declaration by Ukraine
that the "Autonomous Republic of Crimea" and the city of Sevastopol are temporarily
not under the control of Ukraine and that the application and implementation by Ukraine
of its obligations under the Convention is limited and not guaranteed in relation
to this part of Ukraine's territory, and that only the central authorities of Ukraine
in Kiev will determine the procedure for relevant communication.
As a consequence of the above, the Government of the Portuguese Republic declares
that it will not engage in any direct communication or interaction with authorities
in the Autonomous Republic of Crimea and the city of Sevastopol and will not accept
any documents or requests emanating from such authorities or through the authorities
of the Russian Federation, but will only engage with the central authorities of Ukraine
in Kiev for the purposes of the application and implementation of the convention.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Roemenië
15-11-2006
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Romania, from the date of its accession to the European Union, by application of the relevant internal rules of Community law.
08-09-2010
1. In accordance with Article 34, paragraph 2 of the Convention, Romania declares
that the requests received under paragraph 1 of Article 34 shall be communicated to
its authorities only through its Central Authority, respectively, the National Authority
for the Protection of Child's Rights;
2. In accordance with Article 2 of the Council Decision no.2003/93/CE of 12 December
2002, authorizing the Member States, in the interest of the Community, to sign the
1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and
co-operation in respect of parental responsibility and measures for the protection
of children, published in the Official Journal of the European Communities no. L 48
of 21 February 2003, Romania declares the following:
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgements. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgement given in a Court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in Romania by
application of the relevant internal rules of Community law.
In accordance with Article 60 together with Article 55, paragraph 1 of the Convention,
Romania reserves:
a) the competence of its authorities to take measures for the protection of the child's
goods situated on its territory;
b) the right not to recognize the parental responsibility or measures which are incompatible
with the measures taken by its authorities concerning these goods.
14-06-2018
Romania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding
the application of the Convention on Civil Procedure (1954), the Convention Abolishing
the Requirement of Legalisation for Foreign Public Documents (1961), the Convention
on the Civil Aspects of International Child Abduction (1980), the Convention on the
service abroad of judicial and extrajudicial documents in civil or commercial matters
(1965) and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement
and Co-operation in Respect of Parental Responsibility and Measures for the Protection
of Children (1996) to the "Autonomous Republic of Crimea" and the city of Sevastopol
and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation
to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, Romania declares,
in line with the conclusions of the European Council of 20/21 March 2014, that it
does not recognise the illegal referendum in Crimea and the illegal annexation of
the "Autonomous Republic of Crimea" and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, Romania therefore considers
that the Conventions in principle continue to apply to the "Autonomous Republic of
Crimea" and the city of Sevastopol as part of the territory of Ukraine.
Romania further notes the Declarations by Ukraine that the "Autonomous Republic of
Crimea" and the city of Sevastopol are temporarily not under the control of Ukraine
and that the application and implementation by Ukraine of its obligations under the
Conventions is limited and not guaranteed in relation to this part of Ukraine's territory,
and that only the central authorities of Ukraine in Kiev will determine the procedure
for relevant communication.
As a consequence of the above, Romania declares that it will not engage in any direct
communication or interaction with authorities in the Autonomous Republic of Crimea
and the city of Sevastopol and will not accept any documents or requests emanating
from such authorities or through the authorities of the Russian Federation, but will
only engage with the central authorities of Ukraine in Kiev for the purposes of the
application and implementation of the conventions.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Russische Federatie
20-08-2012
The Russian Federation in accordance with Article 54, paragraph 2 and Article 60,
paragraph 1 of the Convention objects to the use of French.
The Russian Federation in accordance with Article 55, paragraph 1 and Article 60,
paragraph 1 reserves the exclusive jurisdiction of its authorities to take measures
directed to the protection of property of a child situated on the territory of the
Russian Federation, and reserves its right not to recognise any parental responsibility
or measure in so far as it is incompatible with any measure taken by the authorities
of the Russian Federation in relation to that property.
The Russian Federation in accordance with Article 34, paragraph 2 of the Convention
declares that requests under Article 34, paragraph 1 of the Convention shall be communicated
only through its designated Central Authority.
19-07-2016
Reaffirming its firm commitment to respect and fully comply with generally recognised
principles and rules of international law, the Russian Federation, with reference
to the declaration of Ukraine of 16 October 2015 regarding the Convention of 19 October
1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in
Respect of Parental Responsibility and Measures for the Protection of Children, states
the following.
The Russian Federation rejects to the above mentioned declaration of Ukraine and states
that it cannot be taken into consideration as it is based on a bad faith and incorrect
presentation and interpretation of facts and law.
The declaration of Ukraine regarding "certain districts of the Donetsk and Luhansk
oblasts of Ukraine" cannot serve as a justification for non-compliance with its obligations,
disregard for humanitarian considerations, refusal or failure to take necessary measures
to find practical solutions for issues that have a very serious and direct impact
on the ability of residents of those regions to exercise their fundamental rights
and freedoms provided for by international law.
The declaration of independence of the Republic of Crimea and its voluntary accession
to the Russian Federation are the result of a direct and free expression of will by
the people of Crimea in accordance with democratic principles, a legitimate form of
exercising their right to self-determination given an aided from abroad violent coup
d'état in Ukraine which caused rampant radical nationalist elements not hesitating
to use terror, intimidation and harassment against both its political opponents and
the population of entire regions of Ukraine.
The Russian Federation rejects any attempts to call into question an objective status
of the Republic of Crimea and the city of Sevastopol as constituent entities of the
Russian Federation, the territories of which are an integral part of the territory
of the Russian Federation under its full sovereignty. Thus, the Russian Federation
reaffirms that it fully complies with its international obligations under the Convention
in relation to this part of its territory.
Servië
15-01-2016
For receipt of requests of another Contracting States which have information relevant
to the protection of the child, competent authority is the Ministry in charge for
family protection.
Reserve the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory;
Reserve the right not to recognise any parental responsibility or measure in so far
as it is incompatible with any measure taken by its authorities in relation to that
property.
Slovenië
13-05-2004
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Republic of Slovenia by application of the relevant internal rules of Community law.
11-10-2004
In compliance with Article 34, para. 2, of the said Convention, the Republic of Slovenia declares that the requests under Article 34, para. 1, of the Convention are to be communicated to its authorities only through the Ministry of Labour, Family and Social Affairs.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Slowakije
21-09-2001
Under Article 60 of the Convention, the Slovak Republic reserves the jurisdiction
of its authorities to take measures directed to the protection of immovable property
of a child situated on the territory of the Slovak Republic as well as the right not
to recognize any parental responsibility or measure in so far as it is incompatible
with any measures taken by its authorities in relation to such property.
The Slovak Republic declares that requests under Article 34 para 1 of the Convention
shall be communicated to its authorities only through its Central Authority.
11-05-2004
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Slovak Republic by application of the relevant internal rules of Community law.
30-10-2014
The Slovak Republic declares pursuant to Artice 52 paragraph 1 that the rules on applicable law of this Convention shall take precedence over the rules of the Treaty between the Czechoslovak Socialist Republic and the Polish People’s Republic on Legal Aid and on Legal Relations on Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Spanje
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Spain by application of the relevant internal rules of Community law.
06-09-2010
If the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition,
Enforcement and Cooperation in respect of Parental Responsibility and Measures for
the Protection of Children were to be extended by the United Kingdom to the territory
of Gibraltar, the Kingdom of Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the said non-autonomous territory depends.
3. As a result, any participation of the Gibraltar authorities in the application
of this Convention will be understood as carried out exclusively within the framework
of the internal competences of Gibraltar and cannot be considered to modify in any
way the provisions of the two previous paragraphs.
4. The process provided for by the Arrangements relating to Gibraltar authorities
in the context of certain international treaties (2007), agreed by Spain and the United
Kingdom on 19 December 2007, applies to the Hague Convention of 19 October 1996 on
Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect
of Parental Responsibility and Measures for the Protection of Children.
Pursuant to the provisions of article 34, paragraph 2 of the Convention, Spain declares
that the requests referred to in article 34, paragraph 1 shall be communicated to
its authorities solely through its Central Authority.
In accordance with the provisions of Article 29:
Pursuant to the provisions of article 60 and article 55, paragraph 1(a) and (b) of
the Convention, Spain reserves the jurisdiction of its authorities to take measures
directed to the protection of the property of a child which is situated on its territory,
and the right not to recognise any parental responsibility or measure in so far as
it is incompatible with any measure taken by its authorities in relation to that property.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Tsjechië
13-03-2000
Pursuant to Article 34, para. 2, of the Convention, the Czech Republic has the honour
to declare that requests under Article 34, para. 1, of the Convention are to be communicated
to its authorities only through the Authority for International Legal Protection of
Children, having its seat in Brno, Benesova 22.
16-09-2004
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement, which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Czech Republic by application of the relevant internal rules of Community law.
18-05-2011
The Czech Republic declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of the Convention shall take precedence over the rules of the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Turkije
07-10-2016
Declarations
1. Turkey declares that her signing/ratification of the “Convention on jurisdiction,
applicable law, recognition, enforcement and co-operation in respect of parental responsibility
and measures
for the protection of children” neither amounts to any form of recognition of the
Greek Cypriot Administration’s pretention to represent the defunct “Republic of Cyprus”
as party to the
“Convention on jurisdiction, applicable law, recognition, enforcement and co-operation
in respect of parental responsibility and measures for the protection of children”,
nor should it imply any obligations on the part of Turkey to enter into any dealing
with the so-called Republic of Cyprus within the framework of the said “Convention
on jurisdiction, applicable law, recognition, enforcement and co-operation in respect
of parental responsibility and measures for the protection of children”.
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish
Cypriots in accordance with international treaties. This partnership was destroyed
by the Greek Cypriot side when it unlawfully seized the state by forcibly ejecting
all Turkish Cypriot members in all the state organs in 1963. Eventually, Turkish Cypriots
who were excluded from the
Partnership State in 1963 have organized themselves under their territorial boundaries
and exercise governmental authority, jurisdiction and sovereignty.
There is no single authority which in law or in fact is competent to represent jointly
the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus,
the Greek Cypriots cannot claim authority, jurisdiction or sovereignty over the Turkish
Cypriots who have equal status or over the entire Island of Cyprus.
2. In accordance with Article 34, paragraph 2, of the Convention, the Republic of
Turkey declares that requests made under paragraph 1 of Article 34 shall be communicated
to its authorities
only through the relevant Central Authority.
Reservations
1. In accordance with Article 54, paragraph 2, of the Convention, the Republic of
Turkey objects to the use of French by making reservation.
2. With reference to Article 60 and in accordance with Article 55, paragraph 1, of
the Convention, the Republic of Turkey reserves:
a) the jurisdiction of its authorities to take measures directed to the protection
of property of a child situated on its territory;
b) the right not to recognize any parental responsibility or measure in so far as
it is incompatible with any measure taken by its authorities in relation to that property.
Bezwaar Oostenrijk, 27-09-2017
The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children adopted on 19 October 1996. It welcomes the ratification of the Convention by Turkey as a significant step in enhancing the protection of children. However, as a member state of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member state, the Republic of Cyprus, as a defunct entity.
Bezwaar Griekenland, 02-10-2017
The Government of the Hellenic Republic has examined the declaration made by the Republic
of Turkey upon signing / ratification, on 7 October 2016, of the Convention on jurisdiction
, applicable law, recognition. enforcement and co-operation in respect of parental
responsibility and measures for the protection of children.
The above declaration raises grave concerns both from a political and a legal point
of view.
This declaration is politically unacceptable to the extent that a Member State of
the United Nations and other international and regional organizations , such as the
Hague Conference on Private International Law, the Council of Europe and the European
Union, is designated as defunct, contrary to the relevant decisions and resolutions
of these organizations.
Likewise, this declaration is problematic from the legal point of view in so far as
it provides that the signing/ ratification by Turkey of the Convention on jurisdiction,
applicable law, recognition, enforcement and co-operation in respect of parental responsibility
and measures for the protection of children, should not imply any obligation on the
part of Turkey to enter into any dealing with the Republic of Cyprus within the framework
of the said Convention. In fact, this statement amounts to a reservation, as it purports
to exclude the application of the Convention in its entirety between Turkey and the
Republic of Cyprus. This is however, contrary to article 60, paragraph 1, of the Convention,
which explicitly mentions that, with the exception of the reservations provided for
in Articles 54, paragraph 2, and 55 thereof, no other reservations shall be permitted.
In the light of the above, the Government of the Hellenic Republic considers that
the aforesaid Turkish reservation is impermissible as it is prohibited by article
60, paragraph 1, of the Convention on jurisdiction, applicable law, recognition, enforcement
and co-operation in respect of parental responsibility and measures for the protection
of children as well as contrary to the object and purpose of this Convention, to the
extent that it prevents the realization of inter-State cooperation under the said
Convention.
The Government of the Hellenic Republic , therefore, objects to the declaration made
by the Republic of Turkey upon signature / ratification of the above Convention.
This objection shall not preclude the entry into force of the Convention between the
Hellenic Republic and the Republic of Turkey.
Bezwaar Portugal, 02-10-2017
Opposition of the Portuguese Republic to the declaration made by the Republic of
Turkey to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement
and Co-operation in respect of Parental Responsibility and Measures for the Protection
of Children, done at The Hague, 19 October 1996
The Government of the Portuguese Republic has examined the declaration made by the
Republic of Turkey upon ratification of the Convention on Jurisdiction, Applicable
Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility
and Measures for the Protection of Children, done at The Hague, on the 19th day of
October 1996.
It welcomes the ratification of the Convention by the Republic of Turkey since this
is a significant step for the promotion of the protection of children in international
situations.
Nevertheless, the Portuguese Republic, as a European Union Member State, opposes the
declaration made by the Republic of Turkey since it describes another Member State,
the Republic of Cyprus, as a defunct entity.
Verenigd Koninkrijk
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the United Kingdom of Great Britain and Northern Ireland by application of the relevant internal rules of Community law.
27-07-2012
In accordance with Article 29 paragraph 2 of the Convention, the Government of the
United Kingdom declares that it will interpret this paragraph as referring only to
cases where the requesting Central Authority does not know to which applicable territorial
unit their application should be addressed. In such cases the United Kingdom designates
the Central Authority for England to transmit to the relevant Central Authority.
In accordance with Article 34 paragraph 2 of the Convention, the Government of the
United Kingdom declares that requests made under paragraph 1 of Article 34 shall be
communicated to its authorities only through the relevant Central Authority.
In accordance with Article 54 paragraph 2 of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland declares that it objects to the
use of French.
19-02-2021
Her Britannic Majesty’s Embassy […] has the honour to […] give notice that the Declaration,
made by the United Kingdom of Great Britain and Northern Ireland on 1 April 2003 when
it signed the Convention, set out below, is withdrawn and terminated with effect from
1 January 2021:
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility
in order to apply a simple and rapid regime for the recognition and enforcement of
judgments. The Community rules provide for a system of recognition and enforcement
which is at least as favourable as the rules laid down in the Convention. Accordingly,
a judgment given in a Court of a Member State of the European Union, in respect of
a matter relating to the Convention, shall be recognised and enforced in the United
Kingdom of Great Britain and Northern Ireland by application of the relevant rules
of Community law.
This notification has no effect on the Declarations made by the United Kingdom of
Great Britain and Northern Ireland on 27 July 2012 in respect of the Convention, which
are hereby reaffirmed on the following terms:
In accordance with Article 29, paragraph 2, of the Convention, the Government of the
United Kingdom declares that it will interpret this paragraph as referring only to
cases where the requesting Central Authority does not know to which applicable territorial
unit their application should be addressed. In such cases the United Kingdom designates
the Central Authority for England to transmit to the relevant Central Authority.
In accordance with Article 34, paragraph 2, of the Convention, the Government of the
United Kingdom declares that requests made under paragraph 1 of Article 34 shall be
communicated to its authorities only through the relevant Central Authority.
In accordance with Article 54, paragraph 2, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland declares that it objects to the
use of French.
Zweden
01-04-2003
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Sweden by application of the relevant internal rules of Community law. (Regulation (EC) No 1347/2000 plays a special role in this field since it relates to jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses.)
26-09-2012
In accordance with Article 60 and Article 54, paragraph 2, of the Convention, Sweden objects to the use of French in communications sent to authorities in Sweden.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague
Convention)
The Member States of the European Union, acting in the interest of the Union, present
their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction,
Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility
and Measures for the Protection of Children (hereinafter referred to as the “1996
Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish
to communicate the following on the reservations made by Nicaragua to the 1996 Hague
Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge
the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified
the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b)
of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November
2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified
the amendment made by Nicaragua on 12 November 2020 to its reservation concerning
Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would
like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations
shall be made by a State not later than the time of ratification, acceptance, approval
or accession. Late reservations, as a matter of principle, are not admissible and
the Member States of the European Union party to the 1996 Hague Convention, acting
in the interest of the Union, are therefore not in favour of their acceptance. The
Member States of the European Union party to the 1996 Hague Convention, acting in
the interest of the Union, are also of the view that, in principle, the deposit of
late reservations should not be scrutinised under a silence procedure for its acceptance
for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention,
acting in the interest of the Union, exceptionally and without recognition of a precedent,
do not object to the silence procedure and the proposal by the Depositary to receive
the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the
1996 Convention for deposit.
Zwitserland
27-03-2009
Reservation under Article 55, paragraph 1, sub-paragraph b, in accordance with Article
60
Switzerland reserves the right not to recognise any parental responsibility or measure
in so far as it is incompatible with any measure taken by its authorities in relation
to the property of a child situated on its territory.