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Scope Of The European Convention On The Recognition And Enforcement Of Decisions Concerning Custody Of Children And On Restoration Of Custody

Original Language Title: Geltungsbereich des Europäischen Übereinkommens über die Anerkennung und Vollstreckung von Entscheidungen über das Sorgerecht für Kinder und die Wiederherstellung des Sorgerechts

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121. Presentation of the Federal Chancellor concerning the scope of the European Convention on the Recognition and Enforcement of Decisions on the custody of children and the restoration of custody

According to the note by the Secretary-General of the Council of Europe, Ukraine, on 30 July 2008, adopted its instrument of ratification of the European Convention on the Recognition and Enforcement of Decisions on custody of children and the Recovery of custody (BGBl. No 321/1985, last proclamation of the BGBl area. III n ° 21/2008) and, on the occasion of the following reservation, declare and/or Statement issued:

Ukraine:

According to Article 17 of the Convention, Ukraine states that, as soon as one of the reasons set out in Article 10 of the Convention is present, in the cases provided for in Articles 8 and 9 of the Convention, Ukraine reserves the right to have the right to and the implementation of the decisions taken on custody of children.

According to Art. 6 (3) of the Convention, Ukraine declares that all documents and communications of States which are the exclusion of the application of Art. 6 (1) (lit). b have to be written in Ukrainian language or have to contain a translation into the Ukrainian language.

According to Art. 2 of the Convention, Ukraine declares that the Ministry of Justice is the central authority to carry out the tasks provided for by the Convention.

According to a further note from the Secretary-General, Spain made the following statement on 5 March 2008:

Spain:

In the event that the European Convention on the Recognition and Enforcement of Decisions on the custody of children and the re-establishment of custody of the United Kingdom is extended to Gibraltar, the Kingdom of Spain to make the following statement:

1. Gibraltar is a territory without self-government for whose international relations the United Kingdom is responsible and which is in a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

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 responsibilities which the United Kingdom is responsible for in accordance with its national law. legislation and, in its capacity as a sovereign State, from which the said territory is dependent on the absence of self-government.

3. Consequently, the eventual participation of the authorities of Gibraltar in the application of the Convention shall be understood as taking place exclusively within the limits of the internal competences of Gibraltar, and shall not be regarded as such as they are the two preceding paragraphs.

Gusenbauer