221/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 7 July. June 1968 was in
London adopted the European Convention on information on foreign law and
15 July. March 1978 in Strasbourg, the additional protocol to the European Convention
the provision of information on foreign law.
The Convention and the Protocol were signed on behalf of the Czech Republic in Strasbourg
Day 8. April 1998.
The instruments of acceptance of the European Convention on information on foreign law
and the additional protocol to the European Convention on the provision of information on
foreign law of the Czech Republic were deposited with the Secretary-General of the Council
Europe, depositary of the Convention and the Protocol, May 24. June 1998.
The instrument of acceptance of the additional protocol contains a declaration in accordance with
the provisions of article 5 (3). 1, that the Czech Republic will be bound by the head and
Of the Protocol.
At the same time as the deposit of instruments of acceptance with the depositary was notified of the
Recalling the provisions of article 2 (2). 3 of the European Convention on the provision of
information on foreign law, that the receiving and the sending authority for
mediation requests for information on foreign law in accordance with article 2 (2).
1 and 2 of the Convention is the Ministry of Justice of the Czech Republic, the international
the Department.
The European Convention on the basis of its article 17, paragraph 1(c). 2 came into force
day 17. in December 1969, and for the Czech Republic in accordance with the provisions of the
paragraph 3 of the same article came into force on 25 September 2004. September 1998.
The additional protocol on the basis of article 7 (2). 1 entered in
force on March 31. August 1979 and for the Czech Republic entered into force
in accordance with the provisions of paragraph 2 of the same article on 25 September 2004. September 1998.
Czech translation of the Convention and the additional protocol, shall be published at the same time.
European Convention on information on foreign law
The preamble to the
The Member States of the Council of Europe, signatories to this Convention,
with the knowledge that the aim of the Council of Europe is to pursue closer unity
among its members, and
with the conviction that the establishment of a system of mutual international assistance for the
to facilitate the task of the judicial authorities in obtaining information about
foreign law will contribute to achieving this objective,
have agreed as follows:
Article 1
The scope of the Convention
1. the Contracting Parties undertake to provide, in accordance with the provisions of this
Convention information about their civil and commercial law, as well as about the procedure in the
the field of civil and commercial law, and on the Organization of its judiciary.
2. Two or more Contracting Parties may agree to extend the scope of the
the scope of this Convention to other areas than in the previous
paragraph. The text of such an agreement should be sent to the Secretary-General
The Council Of Europe.
Article 2
The national authorities the mutual intercourse
1. For the purposes of the implementation of this Convention, each Contracting Party shall establish or designate a
a single authority (hereinafter referred to as "receiving authority"), which will be responsible for:
and receiving requests for information) in accordance with article 1 (1). 1 sent by
another Contracting Party,
(b) the handling of these requests) in accordance with article 6.
This authority may be either a Department of the Ministry, or another State authority.
2. each Contracting Party may establish or designate one or more authorities
responsible for receiving applications for the provision of information from their
the judicial authorities and the competent authorities of the transfer of the beneficiary in
abroad (hereinafter referred to as "the sending authority"). You may also specify the tasks of the
of the authority shall carry out at the same time, the receiving authority.
3. each Contracting Party shall communicate to the Secretary-General of the Council of Europe the name
and address of the receiving authority, and, where appropriate, to the authority of the sending.
Article 3
The bodies authorized for submission of requests for provision of information
1. The request for information must come from a judicial authority,
even if it is directly nevypracoval. Can only be made after the
initiation of proceedings. The request may be made only in the context of the already
launched proceedings.
2. each Contracting Party may, if nezřídila or has
the transmitting authority of the State on the basis of a statement sent to the
the Secretary-General of the Council of Europe, those that considered the judicial authorities in
the meaning of the preceding paragraph.
3. Two or more Contracting Parties may agree to extend the scope of the
This Convention and to request from other than judicial authorities. The text of such
the agreement must be sent to the Secretary-General of the Council of Europe.
Article 4
The contents of requests for information
1. The request for information shall contain the name of the judicial
the authority that the application is lodged, as well as the nature of the case. In addition, the
as far as possible contain formulated questions in which
requests for information relating to the law of the requested State, and in the case that the
would be in the country, there were several legal systems, it should be noted that
the system to which the information relates.
2. The application must include the interpretation of the facts necessary for good
understanding the application, as well as for the correct and exact wording of the response; is
possible to attach copies of documents, if necessary for clarification of the request.
3. the application may contain questions relating to other areas than that
are listed in article 1 (1). 1, if you is related to basic questions
request.
4. In the event that the request of the judicial authority of the neformuluje, it is necessary to connect
the decision of that authority, which is the wording of the request.
Article 5
Transmission of requests for information
The request for information sent by the receiving authority of the requested
the State of the exporting authority or, if such authority does not exist, the
the judicial authority, which the application is lodged.
Article 6
The authorities competent to send response
1. The receiving authority, which has received a request for information may
either the answer to formulate, or request another State or
official authority to draw up a response.
2. the receiving institution may in appropriate cases and for reasons of organisational
the legal request for the purpose of drafting answers to pass private
institutions or qualified lawyer.
3. in the event that the application of the preceding paragraph shall carry with it a certain
expenses, the receiving authority shall, before passing the request to the authority,
which made the request, the name of the private institutions or the name of a lawyer,
the request will be referred to; in this case, it in the context of the
the option indicates the amount of anticipated expenses and ask for consent
the requesting authority.
Article 7
The content of the answers
The purpose of the answers is to inform objectively and impartially on the law of the requested
the State authority which made the request. As the case has the answer contains
the text of the relevant laws and other legislation and legal
decision. If it's for a good awareness of the applicant must be
whether or not accompanied by additional documents such as extracts from the scientific works and
the preparatory work. Where appropriate, and may be accompanied by an explanatory
commentary.
Article 8
Effects of response
The information contained in the response are not for the requesting judicial authority
binding.
Article 9
Delivery answers
The response is sent by the receiving authority of the transmitting authority, if the application
posted by the authority, or, where appropriate, judicial authority, if this
the authority turned to the receiving authority directly.
Article 10
The obligation to send the answer
1. The receiving authority to which the request for the provision of information
sent, shall, with the exception of the provisions of article 11, the measures for the processing
the request referred to in article 6.
2. If the request, the receiving authority alone don't make, must ensure the sending of
answers in accordance with the provisions of article 12.
Article 11
Exemptions from the obligation to provide the answer
The requested State may request the provision of information to refuse,
If its interests were without prejudice to legal Affairs, in connection with which
the application was made, or if it considers that a reply could jeopardise the
its sovereignty or security.
Article 12
The deadline for reply
In response to the request for information must be processed as possible
quickly as possible. However, if the request requires a longer period,
the receiving authority shall inform the competent foreign authority, that is to
It turned, and, whenever possible, indicate the approximate date on which the
a response to be executed.
Article 13
Additional information
1. The receiving authority as well as the authority or the person receiving
authority in accordance with article 6, draw up the reply, can the commissioned
ask the authority which made the request to provide additional information,
as they consider necessary for the preparation of the response.
2. The request for supplementary information, the receiving authority shall forward the same
the way in which modifies article 9 delivery responses.
Article 14
Languages
1. a request for the provision of information and its annexes shall be drawn up in
the official language or one of the official languages of the requested State or must
be provided with a translation into that language. The answer will be drawn up in the language of the
of the requested State.
2. Two or more Contracting Parties may agree that the provisions of the
the preceding paragraph does not apply between them.
Article 15
The cost of
1. Elaboration of a response shall not constitute an entitlement to payment of the fees or expenses
of any nature, except for the expenses referred to in paragraph 3 of article 6,
which shall be borne by the State making the request.
2. Two or more Contracting Parties may agree that the provisions of the
the preceding paragraph does not apply between them.
Article 16
Federal States
In federal States, the tasks can be carried out by the receiving authority,
with the exception of the tasks referred to under (a)) paragraph 1 of article 2 of the
constitutional reasons attributed to other public authorities.
Article 17
The entry into force of the Convention
1. this Convention is open for signature by Member States of the Council of Europe. Must
be ratified or adopted. Instrument of ratification or instrument of
acceptance shall be deposited with the Secretary-General of the Council of Europe.
2. the Convention shall enter into force three months after the date of deposit of the third instrument of ratification
instrument or instrument of acceptance.
3. For a signatory State which ratifies the Convention shall adopt or later,
the Convention will come into effect three months after the date of deposition of its instruments of ratification
instrument or instrument of acceptance.
Article 18
The accession of non-Member States of the Council of Europe
1. After the entry into force of the Convention will be able to the Committee of Ministers the Council of Europe
invite any nonmember State to this Convention.
2. Accession shall be effected by depositing an instrument of accession with the
the Secretary General of the Council of Europe that this instrument of accession
shall take effect three months after the date of deposit.
Article 19
The territorial scope of the Convention
1. each Contracting Party may at the time of signature or deposit
the instruments of ratification, acceptance or accession to mark territory, to which
This Convention shall apply.
2. Each Contracting Party may, when depositing its instrument of
ratification, acceptance or accession or at any time thereafter, extend the
the scope of this Convention on the basis of a statement addressed to the
the Secretary-General of the Council of Europe on the territory specified in the Declaration and to the territory,
for whose international relations it is responsible or for which it is authorised to
represent.
3. Any declaration made under the preceding paragraph may be
withdrawn due to any of the territory designated in this Declaration
under the conditions laid down in article 20 of this Convention.
Article 20
The period of validity of the Convention and its termination
1. the period of validity of this Convention is unlimited.
2. each Contracting Party may denounce this Convention notification
the Secretary-General of the Council of Europe.
3. This notice becomes effective six months after the date of receipt of this
notification by the Secretary-General.
Article 21
Secretary General of the Council of Europe
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe and the
all States which accede to this Convention of:
and all signatures)
(b)) of each deposit of instruments of ratification, acceptance or accession,
(c) any date of entry into force) of the Convention in accordance with article 17,
(d)) all notices received on the basis of the application of the provisions of paragraph 2
Article 1, paragraph 3 of article 2, paragraph 2 of article 3 and paragraphs 2 and 3
Article 19,
e) all notices received on the basis of the application of article 20 and the date on
which the notice of termination becomes effective.
In witness whereof, the duly authorised thereto, have signed this
The Convention.
Done at London on 7 December. in June 1968, in French and English,
both texts being equally authentic, in a single copy, which shall be
stored in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit
certified copies to each of the signatory and the přistoupivšímu State.
THE ADDITIONAL PROTOCOL
to the European Convention on information on foreign law
The Member States of the Council of Europe, signatories to this Protocol,
having regard to the provisions of the European Convention on the provision of information on
foreign law, opened for signature in London on 7 December. June 1968 (hereinafter referred to as
"The Convention");
with the knowledge that it is desirable to extend the system of mutual international
cooperation based on this Convention and in the area of criminal law
multilateral framework for all parties to the Convention;
with the understanding that in a bid to remove the economic barriers to judicial proceedings
and to enable persons who are in a difficult economic situation more easily
to exercise their rights in the Member States, it is also desirable to extend the system
based on the area of the Convention, the legal aid and advice in
Civil and commercial matters;
Noting that article 1, paragraph 1. 2, of the Convention provides that two or more
the Contracting Parties may decide by mutual agreement to extend the framework
Of the Convention to other areas than that stated in the Convention;
Noting that article 3, paragraph 3. 3 of the Convention provides that two or more
the Contracting Parties may decide by mutual agreement to extend the Convention on the
applications from institutions other than the judicial,
have agreed as follows:
TITLE I OF THE
Article 1
The Contracting Parties undertake to provide each other, in accordance with the
the provisions of the Convention, information on the substantive and procedural law and
the Organization of the judiciary in the criminal area, including the authorities of the State
the Prosecutor's Office, and also on the law governing the enforcement of punishment. This is
applies to all court proceedings in respect of crimes
the prosecution at the time of lodging the application provision of the information falls within the competence of the
the judicial authorities of the requesting party.
Article 2
A request for information from the area, referred to in article 1,
may:
and come not only from the Court), but also from another judicial authority, which has
the power to prosecute offences or to carry out the sentences imposed on pravomocnými
and enforceable judgments; and
(b)) to be made not only in the case where judicial proceedings have already been initiated,
but also in the case of legal proceedings.
TITLE II
Article 3 of the
In the framework of the undertaking contained in article 1 (1). 1 of the Convention, the Contracting Parties
agree that a request for information may:
and) come not only from the judicial authority, but also from another institution or
persons acting in official systems of legal aid or legal
advice on behalf of persons who are in the economically weak situation; and
(b)) be made, not just when the judicial proceedings have already been initiated, but also in the
cases where the commencement of legal proceedings.
Article 4 of the
1. Any Contracting Party which nezřídila or has one or more of the
authorities with the competence of the authority, as provided for in article 2 (2). 2
The Convention shall establish or designate the authority or authorities for the purposes of sending requests to
the provision of information in accordance with article 3 of this Protocol
the competent foreign receiving authority.
2. each Contracting Party shall communicate to the Secretary-General of the Council of Europe the name
and address of the authority or authorities that have been set up or
determined in accordance with the preceding paragraph.
TITLE III
Article 5
1. any State may, when signing or when the instrument of ratification or
the instruments of acceptance, approval or accession, declare that it will be
bound by either the head or title II of this Protocol.
2. Any State which has made such a declaration may at any time after
by notification addressed to the Secretary-General of the Council of Europe, declare that
How will be bound by the provisions of title I, title II. Such notification
shall take effect on the date of receipt.
3. each Contracting Party that is bound by the provisions of both titles I and II,
may at any time declare by notification addressed to the Secretary-General,
that will be bound to either the head or the head of the II. Such notification shall take
effect six months after the date of receipt.
4. The provisions of title I or II can be used by the Contracting Parties,
you are bound by the head.
Article 6 of the
1. This Protocol shall be open for signature by the Member countries of the Council of Europe,
signatories to the Convention, who may become parties involved either:
and the signature without reservation as to ratification), acceptance or approval; or
b) signature subject to ratification, acceptance or approval, after which the
followed by ratification, acceptance or approval.
2. The instruments of ratification, acceptance or approval shall be deposited
with the Secretary-General of the Council of Europe.
3. the Member State of the Council of Europe may not sign this Protocol without reservation
ratification, acceptance or approval or ratify, accept or
approved, if at the same time or previously ratified or not to adopt the Convention.
Article 7
1. this Protocol shall enter into force three months after date on which three
the Member States of the Council of Europe to become parties to the Protocol concerned, in
accordance with the provisions of article 6.
2. In respect of any Member State which subsequently shall sign the
The Protocol without reservation as to ratification, acceptance or approval, or that it
It will ratify, accepts or approves the Protocol efficiency, takes three
months after the date of such signature or after the date of deposit of instrument of ratification
or the instrument of acceptance or approval.
Article 8 of the
1. This Protocol shall enter into force, any State which is
joined or been invited to join the Convention, the Committee may be
of Ministers of the Council of Europe invited to accede to this Protocol.
2. Such accession shall be effected by depositing an instrument of accession by the
the Secretary General of the Council of Europe, which shall enter into force three months
After the date of deposit.
Article 9
1. each State may at the time of signature or when the transmission of the instruments of ratification
instrument or instruments of acceptance, approval or accession, specify the
the area or areas in which this Protocol is applied.
2. any State may, when depositing its instrument of ratification,
acceptance, approval or accession or at any time after the statement
addressed to the Secretary-General of the Council of Europe, extend this Protocol
the other territory specified in the Declaration and for whose international relations
is responsible or for which it is authorised to carry out operations.
3. Any declaration made under the preceding paragraph may
be with regard to any territory mentioned in such declaration, be withdrawn
by notification addressed to the Secretary-General of the Council of Europe. Such
withdrawal shall take effect six months after the date on which the Secretary General
The Council of Europe will receive this notification.
Article 10
1. Any Contracting Party may denounce this Protocol by notification
tajemníkovy addressed to the Council of Europe.
2. Such denunciation shall take effect six months after the date on which the General
the Secretary of the Council of Europe will receive this notification.
3. Denunciation of the Convention at the same time will result in the termination of this
Of the Protocol.
Article 11
The Secretary General of the Council of Europe shall notify the Member States of the Council and each
the State, which has acceded to the Convention:
and) any signature without reservation of ratification, acceptance or
the approval;
(b) signature subject to) relating to ratification, acceptance or
the approval;
(c) the deposit of each instrument of ratification), the instruments of acceptance, approval or
accession;
(d)) of each of the effective date of this Protocol in accordance with article 7;
e) each received a notification in accordance with the provisions of article 4;
f) each declaration or notification received in accordance with the provisions of
Article 5;
g) each received a statement in accordance with the provisions of article 9 and
any withdrawal from this statement,
h) each received a notification in accordance with the provisions of article 10 and the date
which the denunciation becomes effective.
Given in Strasbourg, 15 December 2004. in March 1978, in English and
French languages, both texts being equally authentic, in a single
copy to be deposited in the archives of the Council of Europe. General
Secretary-General of the Council of Europe shall transmit certified copies to each of the signatory and
přistoupivšímu State.