8/2011
Yleissopimus toimivallasta, sovellettavasta laista, toimenpiteiden tunnustamisesta ja täytäntöönpanosta sekä yhteistyöstä vanhempainvastuuseen ja lasten suojeluun liittyvissä asioissa
Konvention om behörighet, tillämplig lag, erkännande, verkställighet och samarbete i frågor om föräldraansvar och åtgärder till skydd för barn
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children
Perustiedot
Sopimustyyppi: |
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Allekirjoituspäivä: | 19.10.1996 (Haag) |
Ratifiointipäivä: | 19.11.2010 H |
Voimaantulopäivä: | 01.03.2011 |
Kansainvälinen voimaantulopäivä: | 01.01.2002 |
Sopimukset: | 8/2011 8/2011 9/2011 9/2011 |
Säädösviitteet: | 435/2009 61/2011 |
Osapuolet
ALANKOMAAT
Sitoutumispäivä: 31.01.2011 RVoimaantulopäivä: 01.05.2011Varauma:Declarations
Articles: 6,23,26,52
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.
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 Cura?ao 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 Cura?ao.ALBANIA
Sitoutumispäivä: 18.05.2006 LVoimaantulopäivä: 01.04.2007Varauma: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.ARMENIA
Sitoutumispäivä: 01.03.2007 LVoimaantulopäivä: 01.05.2008Varauma: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.
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.AUSTRALIA
Sitoutumispäivä: 29.04.2003 RVoimaantulopäivä: 01.08.2003BULGARIA
Sitoutumispäivä: 08.03.2006 LVoimaantulopäivä: 01.02.2007Varauma:Reservations, Declarations, Notifications
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.COSTA RICA
Sitoutumispäivä: 29.10.2020 LVoimaantulopäivä: 01.08.2021Varauma:AUTHORITY
Costa Rica, 22-12-2020
Central Authority:
National Children???s Board (Patronato Nacional de la Infancia)DOMINIKAANINEN TASAVALTA
Sitoutumispäivä: 14.12.2009 LVoimaantulopäivä: 01.10.2010ECUADOR
Sitoutumispäivä: 05.11.2002 LVoimaantulopäivä: 01.09.2003ESPANJA
Sitoutumispäivä: 06.09.2010 RVoimaantulopäivä: 01.01.2011Varauma:Declarations Reservations
Articles: 23,26,34,52,55
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 Spain by application of the relevant internal rules of Community law.
6 September 2010
(Translation)
If the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children were to be extended by the United Kingdom to the territory of Gibraltar, the Kingdom of Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the said non-autonomous territory depends.
3. As a result, any participation of the Gibraltar authorities in the application of this Convention will be understood as carried out exclusively within the framework of the internal competences of Gibraltar and cannot be considered to modify in any way the provisions of the two previous paragraphs.
4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007), agreed by Spain and the United Kingdom on 19 December 2007, applies to the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children.
Pursuant to the provisions of article 34, paragraph 2 of the Convention, Spain declares that the requests referred to in article 34, paragraph 1 shall be communicated to its authorities solely through its Central Authority.
In accordance with the provisions of Article 55:
Pursuant to the provisions of article 60 and article 55, paragraph l(a) and (b) of the Convention, Spain reserves the jurisdiction of its authorities to take measures directed to the protection of the property of a child which is situated on its territory, and the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.FIDZHI
Sitoutumispäivä: 05.06.2018 LVoimaantulopäivä: 01.04.2019Varauma: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.GUYANA
Sitoutumispäivä: 05.02.2019 LVoimaantulopäivä: 01.12.2019HONDURAS
Sitoutumispäivä: 16.10.2017 LVoimaantulopäivä: 01.08.2018IRLANTI
Sitoutumispäivä: 30.09.2010 RVoimaantulopäivä: 01.01.2011Varauma:Declarations
Articles: 23,26,34,52
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.
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.ISO-BRITANNIA
Sitoutumispäivä: 27.07.2012 RVoimaantulopäivä: 01.11.2012Varauma:Declarations Reservations
Articles: 23,26,29,34,52,54
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.
27 July 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.ITALIA
Sitoutumispäivä: 30.09.2015 RVoimaantulopäivä: 01.01.2016Varauma:Declarations and reservations:
With reference to Articles 60 and 55, para1, 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.ITÄVALTA
Sitoutumispäivä: 22.12.2010 RVoimaantulopäivä: 01.04.2011Varauma:Declarations
Articles: 23,26,52,54
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.KREIKKA
Sitoutumispäivä: 07.02.2012 RVoimaantulopäivä: 01.06.2012Varauma:Declarations
Articles: 23,26,34,52
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.KROATIA
Sitoutumispäivä: 04.09.2009 RVoimaantulopäivä: 01.01.2010Varauma:Declarations Reservations
Articles: 23,26,34,52,55
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.KUUBA
Sitoutumispäivä: 20.02.2017 LVoimaantulopäivä: 01.12.2017Varauma:In accordance with Article 61, second paragraph, sub-paragraph b, the Convention will enter into force for Cuba on 1 December 2017
In accordance with Article 58, third paragraph, the accession will have effect only as regards the relations between Cuba and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the present notification. For practical reasons this six months??? period will in this case end on 30 August 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.KYPROS
Sitoutumispäivä: 21.07.2010 RVoimaantulopäivä: 01.11.2010Varauma:Declarations Reservations
Articles: 23,26,34,52,54,55
21 July 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 March 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.LATVIA
Sitoutumispäivä: 12.12.2002 RVoimaantulopäivä: 01.04.2003Varauma:Reservations, Declarations
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.LESOTHO
Sitoutumispäivä: 18.06.2012 LVoimaantulopäivä: 01.06.2013LIETTUA
Sitoutumispäivä: 29.10.2003 LVoimaantulopäivä: 01.09.2004Varauma:Reservations, Declarations
(...) 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.
On 26 July, Lithuania made the following declaration:
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 the Community law.
**********************
Notification pursuant to Article 63 of the Convention
DECLARATION
Lithuania, 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.???
The Hague, 19 June 2020LUXEMBURG
Sitoutumispäivä: 05.08.2010 RVoimaantulopäivä: 01.12.2010Varauma:Declarations
Articles: 23,26,52
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.MALTA
Sitoutumispäivä: 24.02.2011 LVoimaantulopäivä: 01.01.2012Varauma:Declarations Reservations
Articles: 34,54,55,60
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.MAROKKO
Sitoutumispäivä: 22.08.2002 RVoimaantulopäivä: 01.12.2002MONACO
Sitoutumispäivä: 14.05.1997 RVoimaantulopäivä: 01.01.2002MONTENEGRO
Sitoutumispäivä: 14.02.2012 LVoimaantulopäivä: 01.01.2013Varauma:Declarations
Articles: 34,55
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.NICARAGUA
Sitoutumispäivä: 27.02.2019 LVoimaantulopäivä: 01.12.2019Varauma: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
Nicaragua, 20-04-2020
???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.???
*************************************************************************'
AMENDMENT OF LATE RESERVATION
Nicaragua, 12-11-2020
???[???], 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 [???].???NORJA
Sitoutumispäivä: 30.03.2016 RVoimaantulopäivä: 01.07.2016Varauma:Reservation and declarations:
In accordance with Article 60, paragraph 1, the Kingdom of Norway declares that it objects to the use of French as provided for in Article 54, paragraph 2.
In accordance with Article 34, paragraph 2 of the Convention, the Kingdom of Norway declares that requests under Article 34, paragraph 1, shall be communicated to its
authorities only through its Central Authority.
In accordance with Article 44 of the Convention, the Kingdom of Norway declares that the Norwegian Central Authority is designated as the authority to which requests under
Articles 8, 9 and 33 of the Convention are to be addressed.PARAGUAY
Sitoutumispäivä: 12.09.2018 LVoimaantulopäivä: 01.07.2019POHJOIS-MAKEDONIA
Sitoutumispäivä: 09.12.2019 AVoimaantulopäivä: -PORTUGALI
Sitoutumispäivä: 14.04.2011 RVoimaantulopäivä: 01.08.2011Varauma:Declarations
Articles: 23,26,52
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.PUOLA
Sitoutumispäivä: 27.07.2010 RVoimaantulopäivä: 01.11.2010Varauma:Declarations Reservations
Articles: 23,26,34,52,55
27 July 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).
7 April 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 May 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.
8 July 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.RANSKA
Sitoutumispäivä: 15.10.2010 RVoimaantulopäivä: 01.02.2011Varauma:Declarations
Articles: 23,26,34,52
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.
8 July 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.ROMANIA
Sitoutumispäivä: 08.09.2010 RVoimaantulopäivä: 01.01.2011Varauma:Declarations Reservations
Articles: 23,26,34,52,55
15 November 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.
8 September 2010
1. In accordance with Article 34, paragraph 2 of the Convention, Romania declares that the requests received under paragraph 1 of Article 34 shall be communicated to its authorities only through its Central Authority, respectively, the National Authority for the Protection of Child's Rights;
2. In accordance with Article 2 of the Council Decision no.2003/93/CE of 12 December 2002, authorizing the Member States, in the interest of the Community, to sign the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children, published in the Official Journal of the European Communities no. L 48 of 21 February 2003, Romania declares the following:
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgements. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgement given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Romania by application of the relevant internal rules of Community law.
In accordance with Article 60 together with Article 55, paragraph 1 of the Convention, Romania reserves:
a) the competence of its authorities to take measures for the protection of the child's goods situated on its territory;
b) the right not to recognize the parental responsibility or measures which are incompatible with the measures taken by its authorities concerning these goods.RUOTSI
Sitoutumispäivä: 26.09.2012 RVoimaantulopäivä: 01.01.2013Varauma:Declarations Reservations
Articles: 23,26,52,54,60
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.)
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.SAKSA
Sitoutumispäivä: 17.09.2010 RVoimaantulopäivä: 01.01.2011Varauma:Declarations Reservations
Articles: 23,26,52,54
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 September 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.SERBIA
Sitoutumispäivä: 15.01.2016 LVoimaantulopäivä: 01.11.2016Varauma: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.
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 protectionSLOVAKIA
Sitoutumispäivä: 21.09.2001 RVoimaantulopäivä: 01.01.2002Varauma: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.
Declaration made by the Slovak Republic on 11 May 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.SLOVENIA
Sitoutumispäivä: 11.10.2004 RVoimaantulopäivä: 01.02.2005Varauma:Declarations
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Republic of Slovenia by application of the relevant internal rules of the Community law.
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.SUOMI
Sitoutumispäivä: -Voimaantulopäivä: -Varauma:Yleissopimuksen 23, 26 ja 52 artikla antavat sopimuspuolille jonkin verran joustavuutta, jotta ne voivat soveltaa yksinkertaista ja nopeaa j?rjestelm?? tuomioiden tunnustamisessa ja t?yt?nt??npanossa. Yhteis?n s??nn?iss? s??det??n tunnustamis- ja t?yt?nt??npanoj?rjestelm?st?, joka on v?hint??n yht? suotuisa kuin yleissopimuksessa vahvistetut s??nn?t. T?m?n mukaisesti jossakin Euroopan unionin j?senvaltiossa sijaitsevan tuomioistuimen yleissopimuksen soveltamisalaan kuuluvissa asioissa antama tuomio tunnustetaan tai pannaan t?yt?nt??n Suomessa soveltamalla yhteis?n lains??d?nn?n asiaa koskevia sis?isi? s??nt?j?.
SVEITSI
Sitoutumispäivä: 27.03.2009 RVoimaantulopäivä: 01.07.2009Varauma:Reservations
Articles: 55
(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.TANSKA
Sitoutumispäivä: 30.06.2011 RVoimaantulopäivä: 01.10.2011Varauma:Alueellinen soveltaminen: ei sovelleta Gr?nlantiin eik? F?rsaariin.
Declarations
Articles: 23,26,34,52,54
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 and the Faroe Islands.TSHEKKI
Sitoutumispäivä: 13.03.2000 RVoimaantulopäivä: 01.01.2002Varauma: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, Bene?ova 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, Vy?ehradsk? 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, Bene?ova 22.
Declaration of 16 September 2004:
Articles 23, 26 and 52 of the Convention allow Contracting Parties 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.TURKKI
Sitoutumispäivä: 11.07.2016 LVoimaantulopäivä: -Varauma: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.UKRAINA
Sitoutumispäivä: 03.04.2007 LVoimaantulopäivä: 01.02.2008Varauma: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.UNKARI
Sitoutumispäivä: 13.01.2006 RVoimaantulopäivä: 01.05.2006Varauma:Declarations
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in Hungary by application of the relevant internal rules of the Community law.
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 Cenral 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.URUGUAY
Sitoutumispäivä: 17.11.2009 RVoimaantulopäivä: 01.03.2010VENÄJÄ
Sitoutumispäivä: 20.08.2012 LVoimaantulopäivä: 01.06.2013Varauma:Declarations Reservations
Articles: 34,54,55,60
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.VIRO
Sitoutumispäivä: 06.08.2002 LVoimaantulopäivä: 01.06.2003Varauma: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.
Declaration received on 17 May 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 the Community law.