Declarations

Articles: 23,26,34,52

Declarations:

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 Greece by application of the relevant internal rules of Community law.

Greece declares that the applications, according to Article 34, paragraph 1, will be forwarded to the Authorities only through the Central Authority.

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 interState 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.