Scope Of The Convention On Jurisdiction, The Applicable Law, Recognition, Enforcement And Cooperation In Respect Of Parental Responsibility And Measures...

Original Language Title: Geltungsbereich des Übereinkommens über die Zuständigkeit, das anzuwendende Recht, die Anerkennung, Vollstreckung und Zusammenarbeit auf dem Gebiet der elterlichen Verantwortung und der Maßnahmen ...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997646/geltungsbereich-des-bereinkommens-ber-die-zustndigkeit%252c-das-anzuwendende-recht%252c-die-anerkennung%252c-vollstreckung-und-zusammenarbeit-auf-dem-gebiet.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
60. public announcement of the Federal Chancellor concerning the scope of the Convention on jurisdiction, the applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children of 19 October 1996

After notification of the Ministry of Foreign Affairs of the Netherlands, following States have their instruments of ratification or accession to the Convention on the jurisdiction, the applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children of 19 October 1996 (BGBl. III No 49/2011) deposited:

 







States:









Date of deposit of the instrument of ratification or instrument of accession:









Denmark (excluding Greenland and Faroe Islands)





June 30, 2011







Montenegro





February 14, 2012







Portugal





April 14, 2011





 

On the occasion of the deposit of the instrument of accession, these States have expressed the following reservations:

Denmark:

Articles 23, 26 and 52 of the Convention the parties concede a degree of flexibility so that a simple and rapid procedure for the recognition and enforcement of decisions on the application can. The Community rules provide a recognition and enforcement regime which is at least as favorable as the requirements of the Convention. Accordingly, a decision of a Court of a Member State of the European Union in a field covered by the Convention in Denmark under application of the relevant internal rules of Community law is recognized and enforced.

In accordance with article 34, paragraph 2 explains the Kingdom of Denmark that the requests are to transmit paragraph 1 to its authorities only through its central authority under article 34.

In accordance with article 60 par. 1 explains the Kingdom of Denmark, that's that rejects Article 54 paragraph 2 intended use of French.

The Convention does not apply to Greenland and the Faroe Islands.

According to article 44, the Kingdom of Denmark may refer to the central authority as the authority to which the request to 8, 9 and 33 are according to article.

Montenegro:

In accordance with article 34, paragraph 2 of the Convention explains Montenegro that the requests are to transmit paragraph 1 to its authorities only through its central authority under article 34.

Portugal:

Articles 23, 26 and 52 of the Convention the parties concede a degree of flexibility so that a simple and rapid procedure for the recognition and enforcement of decisions on the application can. The Community rules provide a recognition and enforcement regime which is at least as favorable as the requirements of the Convention. Accordingly, a decision of a Court of a Member State of the European Union in a field covered by the Convention in Portugal in application of the relevant internal rules of Community law is recognized and enforced.

 

Communications of the Ministry of Foreign Affairs of the Netherlands according to the following States have submitted following observations:

France1:

In accordance with article 52, paragraph 1 of the Convention explains the French Republic that the provisions on the applicable law of the Convention should have signed provisions between the French Republic and the people's Republic of Poland on applicable law, jurisdiction and enforcement of judgments in the field of personal and family law precedence in Warsaw on 5 April 1967.

Polen1:

Pursuant to article 52, paragraph 1 explains the Republic of Poland that the provisions on the law applicable to this Convention should have precedence over the provisions of the Convention between Poland and Austria on mutual legal assistance in civil matters and on documents signed in Vienna on 11 December 1963, amended by the protocol2 signed on January 25, 1973.

Pursuant to article 52 § 1 of the Convention, the Republic of Poland explains that the provisions on the applicable law of the Convention should have signed the Treaty between the people's Republic of Poland and the Czechoslovak Socialist Republic on legal assistance and legal control in civil, family, labour and criminal matters precedence in Warsaw on 21 December 1987.

According to article 52, paragraph 1 of the Convention explains the Republic of Poland that the provisions on the applicable law of the Convention should have completed provisions between the people's Republic of Poland and France on applicable law, jurisdiction and enforcement of judgments in the field of personal and family law precedence in Warsaw on 5 April 1967.

Czech republic1:

Pursuant to article 52, paragraph 1 of the Convention the Czech Republic explains that the provisions on the applicable law of the Convention should have signed the Treaty between the Czechoslovak Socialist Republic and the Republic of Poland on legal assistance and legal control in civil, family, labour and criminal matters precedence in Warsaw on 21 December 1987.

Cyprus1:

Articles 23, 26 and 52 of the Convention the parties concede a degree of flexibility so that a simple and rapid procedure for the recognition and enforcement of decisions on the application can. The Community rules provide a recognition and enforcement regime which is at least as favorable as the requirements of the Convention. Accordingly, a decision of a Court of a Member State of the European Union in a field covered by the Convention in Cyprus under application of the relevant internal rules of Community law is recognized and enforced.

 

In addition, the following States announced authorities referred to in article 29, article 40, article 44 and article 45:

Montenegro:

Central Authority in accordance with article 29 and article 44:

Ministry of labour and social welfare

Portugal1:

Determination of the central authority:

Direcção-Geral de Reinserção social do Ministério da Justiça

Avenida Almirante Reis, 72

1150-020 Lisbon

Portugal

Faymann