Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.
Contracting Party | F 1 | R/A/S2 | Tipo3 | EEV4 | EXT5 | Aut6 | Res/D/N/CD7 |
---|---|---|---|---|---|---|---|
Albânia | 18-V-2006 | A | 1-IV-2007 | 1 | D,Res 34,55 | ||
Alemanha | 1-IV-2003 | 17-IX-2010 | R | 1-I-2011 | 2 | D,Res 23,26,52,54 | |
Argentina | 11-VI-2015 | ||||||
Arménia | 1-III-2007 | A | 1-V-2008 | 1 | D,Res 34,54,55 | ||
Austrália | 1-IV-2003 | 29-IV-2003 | R | 1-VIII-2003 | 2 | ||
Áustria | 1-IV-2003 | 22-XII-2010 | R | 1-IV-2011 | 1 | D 23,26,52,54 | |
Barbados | 11-VII-2019 | A | 1-V-2020 | 1 | |||
Bélgica | 1-IV-2003 | 28-V-2014 | R | 1-IX-2014 | 1 | D 23,26,34,44,52 | |
Bulgária | 8-III-2006 | A | 1-II-2007 | 1 | D,N,Res 23,26,34,52,55 | ||
Cabo Verde | 4-X-2022 | A | 1-VIII-2023 | 1 | |||
Canadá | 23-V-2017 | ||||||
Chipre | 14-X-2003 | 21-VII-2010 | R | 1-XI-2010 | 1 | D,Res 23,26,34,52,54,55 | |
Costa Rica | 29-IX-2020 | A | 1-VIII-2021 | 1 | |||
Croácia | 30-X-2008 | 4-IX-2009 | R | 1-I-2010 | 2 | D,Res 23,26,34,52,55 | |
Cuba | 20-II-2017 | A | 1-XII-2017 | 1 | D 63 | ||
Dinamarca | 1-IV-2003 | 30-VI-2011 | R | 1-X-2011 | 1 | 1 | D 23,26,29,34,52,54,60 |
El Salvador | 10-IX-2024 | A | 1-VII-2025 | 1 | Res 54, 55, 60 | ||
Equador | 5-XI-2002 | A | 1-IX-2003 | 1 | |||
Eslováquia | 1-VI-1999 | 21-IX-2001 | R | 1-I-2002 | 3 | D,Res 23,26,34,52,55 | |
Eslovénia | 13-V-2004 | 11-X-2004 | R | 1-II-2005 | 1 | D 23,26,34,52 | |
Espanha | 1-IV-2003 | 6-IX-2010 | R | 1-I-2011 | 1 | D,Res 23,26,34,52,55 | |
Estados Unidos da América | 22-X-2010 | ||||||
Estónia | 6-VIII-2002 | A | 1-VI-2003 | 1 | D,Res 34,54 | ||
Federação Russa | 20-VIII-2012 | A | 1-VI-2013 | 1 | D,Res 34,54,55,60, 63 | ||
Fiji | 5-VI-2018 | A | 1-IV-2019 | 1 | Res | ||
Finlândia | 1-IV-2003 | 19-XI-2010 | R | 1-III-2011 | 1 | D 23,26,52 | |
França | 1-IV-2003 | 15-X-2010 | R | 1-II-2011 | 1 | D 23,26,34,52 | |
Geórgia | 1-IV-2014 | A | 1-III-2015 | 1 | D,Res 34,44,54,60 | ||
Geórgia | 1-IV-2014 | A | 1-III-2015 | 1 | D,Res 34,44,54,60 | ||
Grécia | 1-IV-2003 | 7-II-2012 | R | 1-VI-2012 | 1 | D 23,26,34,52 | |
Guiana | 5-II-2019 | A | 1-XII-2019 | 1 | |||
Honduras | 16-X-2017 | A | 1-VIII-2018 | 1 | |||
Hungria | 4-VII-2005 | 13-I-2006 | R | 1-V-2006 | 1 | D 23,26,34,52,54,55 | |
Irlanda | 1-IV-2003 | 30-IX-2010 | R | 1-I-2011 | 1 | D 23,26,34,52 | |
Itália | 1-IV-2003 | 30-IX-2015 | R | 1-I-2016 | 2 | D,Res 23,26,34,44,52,55,60 | |
Lesoto | 18-VI-2012 | A | 1-VI-2013 | 1 | |||
Letónia | 15-V-2002 | 12-XII-2002 | R | 1-IV-2003 | 2 | D,Res 34,52,54,55 | |
Lituânia | 29-X-2003 | A | 1-IX-2004 | 3 | D,Res 23,26,34,52,55 | ||
Luxemburgo | 1-IV-2003 | 5-VIII-2010 | R | 1-XII-2010 | 1 | D 23,26,52 | |
Macedónia do Norte | 9-XII-2019 | ||||||
Malta | 24-II-2011 | A | 1-I-2012 | 1 | D,Res 34,54,55,60 | ||
Marrocos | 19-X-1996 | 22-VIII-2002 | R | 1-XII-2002 | 1 | ||
Mónaco | 14-V-1997 | 14-V-1997 | R | 1-I-2002 | 1 | ||
Montenegro | 14-II-2012 | A | 1-I-2013 | 2 | D 34,55 | ||
Nicarágua | 27-II-2019 | A | 1-XII-2019 | 1 | Res,DC Arts 2-4 | ||
Noruega | 30-IV-2016 | 30-IV-2016 | R | 1-VII-2016 | 1 | D | |
Países Baixos | 1-IX-1997 | 31-I-2011 | R | 1-V-2011 | 2 | 1 | D 6,23,26,52 |
Paraguai | 12-IX-2018 | A | 1-VII-2019 | 1 | |||
Polónia | 22-XI-2000 | 27-VII-2010 | R | 1-XI-2010 | 1 | D,Res 23,26,34,52,55 | |
Portugal | 1-IV-2003 | 14-IV-2011 | R | 1-VIII-2011 | 1 | D 23,26,52 | |
Reino Unido da Grã-Bretanha e Irlanda do Norte | 1-IV-2003 | 27-VII-2012 | R | 1-XI-2012 | 1 | 1 | D,Res 23,26,34,52,54 |
República Checa | 4-III-1999 | 13-III-2000 | R | 1-I-2002 | 2 | D,N 23,26,34,52 | |
República Dominicana | 14-XII-2009 | A | 1-X-2010 | 1 | |||
Roménia | 15-XI-2006 | 8-IX-2010 | R | 1-I-2011 | 3 | D,Res 23,26,34,52,55 | |
Sérvia | 15-I-2016 | A | 1-XI-2016 | 1 | D,Res | ||
Suécia | 1-IV-2003 | 26-IX-2012 | R | 1-I-2013 | 1 | D,Res 23,26,52,54,60 | |
Suíça | 1-IV-2003 | 27-III-2009 | R | 1-VII-2009 | 1 | Res 55 | |
Türkiye | 7-X-2016 | 7-X-2016 | R | 1-II-2017 | 1 | D,Res 34, 54, 55, 60 | |
Ucrânia | 3-IV-2007 | A | 1-II-2008 | 1 | D,Res 34,55 | ||
Uruguai | 17-XI-2009 | 17-XI-2009 | R | 1-III-2010 | 1 |
Type
Albânia Tipo Adesão
Objection:
30-06-2011
Denmark has raised an objection to the accession of Albania on 30 June 2011, therefore the Convention will not enter into force between Albania and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by Albania.
Arménia Tipo Adesão
Objection:
30-06-2011
Denmark has raised an objection to the accession of Republic of Armenia on 30 June 2011, therefore the Convention will not enter into force between Armenia and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by Armenia.
Equador Tipo Adesão
Objection:
30-06-2011
Denmark has raised an objection to the accession of Ecuador on 30 June 2011, therefore the Convention will not enter into force between Ecuador and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by Ecuador.
Geórgia Tipo Adesão
Objection:
28-11-2014
Denmark has raised an objection to the accession of Georgia on 30 June 2011, therefore the Convention will not enter into force between Georgia and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by Georgia.
Geórgia Tipo Adesão
By note received by the Ministry of Foreign Affairs of the Netherlands on 28 November 2014, the Kingdom of Denmark informed the depositary of its objection to the accession of Georgia to the 1996 Convention. According to Article 58, third paragraph, of the Convention, an accession will have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to this accession. Since Denmark has raised an objection to the accession of Georgia, the Convention will not enter into force between Denmark and Georgia.
República Dominicana Tipo Adesão
Objection:
30-06-2011
Denmark has raised an objection to the accession of the Dominican Republic on 30 June 2011, therefore the Convention will not enter into force between the Dominican Republic and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by the Dominican Republic.
Ucrânia Tipo Adesão
Objection:
Denmark
30-06-2011
Denmark has raised an objection to the accession of the Ukraine on 30 June 2011, therefore the Convention will not enter into force between the Ukraine and Denmark.
Withdrawal:
24-08-2017
The Kingdom of Denmark withdraws its objection under Article 58, paragraph 3, to the accession to the Convention by the Ukraine.
Res/D/N
Albânia Artigos Declarações Reservas
Declaration
In accordance with 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.
Reservation
In accordance with paragraph 1 of 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.
Alemanha Artigos Declarações Reservas
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 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Arménia Artigos Declarações Reservas
Declaration
Pursuant to Article 34, paragraph 2, of the Convention (...), 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.
Reservations
Pursuant to Article 60 of the Convention, the Republic of Armenia makes the following reservations:
- in accordance with Article 54, paragraph 2, of the Convention, to object to the use of French;
- in accordance with Article 55, paragraph 1, sub-paragraph 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;
- in accordance with Article 55, paragraph 1, sub-paragraph b, not to recognise any parental responsibility or measure in so far as it is incompatible with any measures taken by its authorities in relation to that property.
Áustria Artigos Declarações
Declarations:
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 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 Austria by application of the relevant internal rules of Community law.
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.
The Republic of Austria informs in accordance with Article 45 paragraph 1 and Article 44 that a query in accordance with Article 33 shall be sent to the Central Authority.
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 Cooperation 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.
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Bélgica Artigos Declarações
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 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 Belgium by application of the relevant internal rules of Community law.
28-05-2014
(Translation)
In accordance with Article 34, paragraph 2, of the 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 Convention, the Federal Public Service Justice is designated as the Central Authority.
In accordance with Article 44 of the 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Bulgária Artigos Declarações Notificações Reservas
08-03-2006
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.
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Chipre Artigos Declarações Reservas
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 Cooperation 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Croácia Artigos Declarações Reservas
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Cuba Artigos Declarações
Declaration:
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.
Dinamarca Artigos Declarações
1 April 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 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 Denmark by application of the relevant internal rules of Community law.
30 June 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 [see declaration below] and the Faroe Islands.
22 April 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.
15 July 2016
With reference to Articles 29 and 44 of the 1996 Hague Convention […] the Central Authority in relation to Greenland is the Danish Central Authority under the conventions - the Ministry of Social Affairs and the Interior.
El Salvador Artigos Reservas
Reservations:
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.
Eslováquia Artigos Declarações Reservas
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 measure taken by its authorities in relation to such property.
The Slovak Republic declares that requests under Article 34, paragraph 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 persuant to Article 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Eslovénia Artigos Declarações
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Espanha Artigos Declarações Reservas
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 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 Spain by application of the relevant internal rules of Community law.
06-09-2010
Dans le cas où la présente Convention de La Haye du 19 octobre 1996 concernant la compétence, la loi applicable, la reconnaissance, l'exécution et la coopération en matière de responsabilité parentale et de mesures de protection des enfants, serait étendue par le Royaume-Uni au territiore de Gibraltar, le Royaume d'Espagne souhaite émettre la déclaration suivante:
1. Gibraltar est un territoire non autonome dont les relations extérieures sont sous la responsabilité du Royaume-Uni et qui fait l'objet d'un processus de décolonisation en accord avec les décisions et résolutions pertinentes de l'Assemblée générale des Nations Unies.
2. Les autorités de Gibraltar ont un caractère local et exercent des compétences exlusivement internes qui trouvent leur origine et leur fondement dans une distribution et une attribution de compétences effectuées par le Royaume-Uni, conformément aux dispositions de sa législation interne, en sa qualité d'État souverain dont dépend ledit territoire non autonome.
3. En conséquence, la participation éventuelle des autorités gibraltariennes à l'application de la Convention sera réputée se dérouler exclusivement dans le cadre des compétences internes de Gibraltar, et ne pourra être considérée comme modifiant en quoi que ce soit les dispositions des deux paragraphes précédents.
4. La procédure prévue dans le Régime relatif aux autorités de Gibraltar dans le contexte de certains traités internationaux (2007), adopté par l'Espagne et le Royaume-Uni le 19 décembre 2007, s'applique à la présente Convention de La Haye du 19 octobre 1996 concernant la compétence, la loi applicable, la reconnaissance, l'exécution et la coopération en matière de responsabilité parentale et de mesures de protection des enfants.
En vertu des dispositions de l'article 34.2 de la Convention, l'Espagne déclare que les demandes prévues à l'article 34.1 ne pourront être acheminées que par l'intermédiaire de son Autorité centrale.
Conformément aux dispositions de l'article 55:
En vertu des dispositions des articles 60 et 55.1 a) et b) de la Convention, l'Espagne se réserve la compétence de ses autorités pour prendre des mesures tendant à la protection des biens d'un enfant situés sur son territoire, ainsi que le droit de ne pas reconnaître une responsabilité parentale ou une mesure qui serait incompatible avec une mesure prise par ses autorités par rapport à ces biens.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague Convention)
The Member States of the European Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Estónia Artigos Declarações Reservas
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 the 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 relatonships in civil, labour and criminal matters, signed in Tallin 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Federação Russa Artigos Declarações Reservas
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
Unofficial translation
Statement on 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
"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"
Fiji Artigos Reservas
Reservation:
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.
Finlândia Artigos Declarações
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 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
França Artigos Declarações
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 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 France by application of the relevant internal rules of Community law.
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
(Translation)
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Geórgia Artigos Declarações Reservas
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 Georgia 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 reserervation that any communication sent to the Central Authority of Georgia (Ministry of Justice of Georgia) shall be accompagnied by a translation into the official language of Georgia or into English. In this respect, Georgia objects to the use of French.
Geórgia Artigos Declarações Reservas
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 Georgia 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 reserervation that any communication sent to the Central Authority of Georgia (Ministry of Justice of Georgia) shall be accompagnied by a translation into the official language of Georgia or into English. In this respect, Georgia objects to the use of French.
Grécia Artigos Declarações
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 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.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague Convention)
The Member States of the European Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Hungria Artigos Declarações
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 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Irlanda Artigos Declarações
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 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Itália Artigos Declarações Reservas
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 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 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Letónia Artigos Declarações Reservas
Reservations:
12-12-2002
Pursuant to Article 45, paragraph 2, of the Convention (...), the Republic of Latvia 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 Latvia objects to the use of French as provided for in Article 54, paragraph 2, of the Convention.
Pursuant to 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.
Declarations:
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 (...), 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Lituânia Artigos Declarações Reservas
Declarations:
29-10-2003
(...) that requests under paragraph 1 of Article 34 shall be communicated to its authorities only through its Central Authority;
(...) that certificate under paragraph 1 of Article 40 is issued by the child's habitual residence's district court of the Republic of Lithuania;
(...) 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Luxemburgo Artigos Declarações
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 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 Luxembourg 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Malta Artigos Declarações Reservas
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Montenegro Artigos Declarações
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 insofar 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 requests under Article 34, paragraph 1, of the Convention shall be communicated to its authorities only through the Central Authority.
Nicarágua Artigos Reservas Depositary communications
Reservations:
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.
Notice from the Depositary:
23-11-2021
With reference to depositary notification Protection of Children No. 01/2020 of 13 May 2020, regarding late reservations made by Nicaragua, depositary notification Protection of Children No. 04/2020 CORR of 19 November 2020, regarding the amendment of one of the late reservations by Nicaragua, and depositary notification Protection of Children No. 05/2021 of 17 May 2021, regarding the acceptance of two of the late reservations made by Nicaragua, the depositary communicates the following.
By 19 November 2021, that is on the expiry of the period of one year following the date of the abovementioned depositary notification Protection of Children No. 04/2020 CORR, no objection from the Contracting States to the Convention had been received.
Consequently, the amended late reservation in respect of Article 55, Section 1, Subparagraph (b) was accepted for deposit upon the above-stipulated one-year period, that is on 19 November 2021.
17-05-2021
With reference to depositary notification Protection of Children No. 01/2020 of 13 May 2020, regarding late reservations made by Nicaragua, and depositary notification Protection of Children No. 04/2020 CORR of 20 November 2020, regarding the amendment of one of the late reservations by Nicaragua, the depositary communicates the following.
By 13 May 2021, that is on the expiry of the period of one year following the date of the abovementioned depositary notification Protection of Children No. 01/2020, no objection from the Contracting States to the Convention had been received.
Consequently, the reservations in question in respect of Article 54, Section 2, and Article 55, Section 1, Subparagraph (a) were accepted for deposit upon the above-stipulated one-year period, that is on 13 May 2021.
19-11-2020
With reference to depositary notification Protection of Children No. 02/2019, dated 28 February 2019, regarding the accession to the Convention by Nicaragua, and with reference to depositary notification Protection of Children No. 01/2020, dated 13 May 2020, regarding late reservations made by Nicaragua, the depositary communicates that one of the late reservations was partially amended by Nicaragua on 12 November 2020.
The depositary proposes to receive the amended reservation in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said amended reservation will be received for deposit upon the expiration of the above stipulated one year period, that is on 19 November 2021.
13-05-2020
Nicaragua deposited its instrument of accession to the above-mentioned Convention on 27 February 2019, as notified in Depositary Notification Protection of Children No. 02/2019.
On 20 April 2020 the Depositary received reservations from Nicaragua in respect of Article 54 (2), Article 55 (1)(a) and Article 55 (1)(b) of the Convention.
Article 60 of the Convention stipulates, however, that a State may make reservations provided for in Articles 54 (2) and 55, not later than the time of ratification, acceptance, approval or accession.
The Depositary proposes to receive the reservations in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said reservations will be received for deposit upon the expiration of the above stipulated one year period, that is on 13 May 2021.
Late Reservations:
Amendment of late Reservation
12-11-2020
(Translation)(Original: Spanish)
“[…], by means of Note […], the Republic of Nicaragua formulated express Reservations to Article 54, Section 2 and to Article 55, Section 1, Subparagraphs (a) and (b).
This Ministry informs the Ministry of Foreign Affairs of the Kingdom of the Netherlands its wishes to submit a partial amendment to the reservation to Article 55, Section 1, Subparagraph (b), which should read as follows: "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".
Likewise, it informs that the reservations to Article 54, Section 2 and Article 55, Section 1, Subparagraph (a) remain in the manner in which they were presented in Note […].”
20-04-2020
(Translation)
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.
Article 4
Nicaragua expresses a reservation with regard to Article 55 (1)(b). Nicaragua reserves the right not to recognise any parental responsibility or measure in relation to property in so far as it is incompatible with any measure taken by its authorities in relation to that property, or when such a measure is incompatible with its national legislation.
Noruega Artigos Declarações
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, parapgraph 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.
Países Baixos Artigos Declarações
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 (...) 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Polónia Artigos Declarações Reservas
Declarations / Reservations:
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 de 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 Relatonships 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Portugal Artigos Declarações
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 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 Portugal by application of the relevant internal rules of Community law.
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.
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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Reino Unido da Grã-Bretanha e Irlanda do Norte Artigos Declarações Reservas
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 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 internal rules of Community law.
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.”
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.
República Checa Artigos Declarações Notificações
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, Benešova 22.
Pursuant to Article 44 of the Convention, the Czech Republic has the honour to designate the Ministry of Justice of the Czech Republic, having its seat in Praha 2, Vyšehradská 16, as the authority to which requests for assuming or handing over jurisdiction under Articles 8 and 9 of the Convention, related to judicial proceeding in the Czech Republic or in another Contracting State, are to be addressed. The other requests under Articles 8 and 9 of the Convention and requests for consent to the placement of the child in a foster family or institutional care under Article 33 of the Convention are to be addressed to the Authority for International Legal Protection of Children, having its seat in Brno, Benešova 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Roménia Artigos Declarações Reservas
15-10-2006
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 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 Romania, from the date of its accessopn 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.
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.
08-09-2010
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.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague Convention)
The Member States of the European Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Sérvia Artigos Declarações Reservas
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.
Suécia Artigos Declarações Reservas
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 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 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 judgments 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 Union1, 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.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.
Suíça Artigos Reservas
(Translation)
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.
Türkiye Artigos Declarações Reservas
Declarations:
07-10-2016
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 sovereignity.
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 sovereignity 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 paragaph 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.
Ucrânia Artigos Declarações Reservas
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
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.
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.
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 declares that it:
a) keeps the jurisdiction of its competent authorities to take measures directed towards the protection of a child's immovable property located in its territory;
b) reserves the right not to recognise any parental responsibility as well as measures if they are incompatible with the measure used by its competent authorities in respect of a child's immovable property located in its territory.