Scope Of The European Agreement On The Transmission Of Applications For Legal Aid

Original Language Title: Geltungsbereich des Europäischen Übereinkommens über die Übermittlung von Anträgen auf Verfahrenshilfe

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8. Reaction of the Federal Chancellor concerning the scope of the European Convention on the transmission of requests for procedural assistance

According to the Communications of the Secretary-General of the Council of Europe, the following other States have their instruments of ratification of the European Convention on the Transmission of Applications for Process Assistance (BGBl. N ° 190/1982, last proclamation of the BGBl area. III No 103/2006):

States:

Date of deposit of the instrument of ratification:

Bosnia and Herzegovina

30 April 2009

Georgia

17 July 2006

On the occasion of the deposit of the instrument of ratification, the following states have made the following statements:

Bosnia and Herzegovina:

In accordance with Article 2 (1) and (2) of the Convention, Bosnia and Herzegovina states that the central authority in Bosnia and Herzegovina responsible for receiving and transmitting applications for legal aid is the following:

The Ministry of Justice of Bosnia and Herzegovina (Bosnia and Herzegovina)

Trg Bosne i Hercegovine 1

71000 Sarajevo

Georgia:

Georgia declares that, pending the restoration of Georgia's territorial integrity, the Convention applies to the territory in which Georgia exercises its full jurisdiction.

In accordance with Article 13 (1) of the Convention, Georgia states that the application for authorisation of legal aid, documents and other information shall be drawn up in English and in the event that they are in a different language , they shall be accompanied by a translation in English.

According to Art. 2 of the Convention, Georgia declares that the Ministry of Justice of Georgia (Ministry of Justice of Georgia) as the central sending and receiving authority for requests for legal aid (30, Rustaveli Avenue, Tbilisi 0146, GEORGIA) has been appointed.

According to other communications from the Secretary-General of the Council of Europe, the following countries have made their declarations. Article 2 concerning the reception and transmission of applications for legal aid has been amended as follows:

Luxembourg 1 :

Ministry of Justice

13 Rue Erasme

Centre administratif Pierre Werner

L-1468 Luxembourg.

Romania 2 :

Ministry of Justice (Ministry of Justice)

Department of International Law and Treaties (International Law and Treaties)

Unit of judicial cooperation in civil and commercial matters (civil and commercial matters)

Strada Apollodor 17

Sector 5 Bucuresti, Cod. 050741

Spain 3 :

Directorate-General for International Judicial Cooperation (Subdirección General de Cooperación Internacional Jurídica)

Ministry of Justice

c/San Bernardo, n ° 62

29071 Madrid

Spain

In addition, in the case of the extension of the Additional Protocol to Gibraltar, Spain would like to make the following statement:

1.

Gibraltar is a non-autonomous territory for whose international relations the United Kingdom is responsible and which, in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations, is responsible for: Decolonization process is subject to

2.

The authorities of Gibraltar are of a local nature and shall exercise exclusively internal competences originating in and based on the distribution and allocation of powers which the United Kingdom shall be responsible for in accordance with its national law. legislation and in its capacity as a sovereign state to which the above-mentioned non-autonomous territory is subject.

3.

Consequently, the eventual participation of the authorities of Gibraltar in the application of the Convention must be understood to take place exclusively within the limits of the internal competences of Gibraltar and must not be regarded as a modification of the provisions of the Convention, as set out in the both previous paragraphs have been established.

According to a further communication from the Secretary-General of the Council of Europe, the Netherlands 4 on 28 September 2010, the scope of the Convention with effect from 10. It was extended to the Caribbean part of the Netherlands (the islands of Bonaire, St Eustatius and Saba) in October 2010.

Faymann