On The Conclusion Of The European Convention On Information On Foreign Law

Original Language Title: o sjednání Evropské úmluvy o poskytování informací o cizím právu

Read the untranslated law here: https://www.global-regulation.com/law/czech-republic/2037892/o-sjednn-evropsk-mluvy-o-poskytovn-informac-o-cizm-prvu.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
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.

Related Laws