Key Benefits:
Act of 28 October 1991, implementing the Hague Convention on Access to Justice in International Cases of 25 October 1980 and the European Agreement established in Strasbourg on 27 January 1977 on the transmission of applications for legal aid
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that there is a need to lay down, by law, rules implementing the Hague Convention on Access to Justice in International Cases of 25 October 1980. (2) Trb. 1989, 114) and the European Convention on the forwarding of applications for legal aid, adopted in Strasbourg on 27 January 1977 ( Trb. 1989, 116);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act, 'the Treaty' shall mean the Convention on Access to Justice in International Cases of which the French and English texts and the Dutch translation are to be entered in the Hague on 25 October 1980. Included in Tractatenblad 1989, 114 and under the Convention: the European Convention on the transmission of legal aid applications, of which the French and English texts and the Dutch translation were brought forward on 27 January 1977 in Strasbourg, Included in Tractatenblad 1989, 116.
The host central authority referred to in Article 3 and Article 16 (2) of the Treaty, and Article 2 (2) of the Convention, shall be designated by the Management Board of the Council.
The sending authority referred to in Article 4 and Article 16, first paragraph, of the Convention, and in Article 2 (1) of the Convention, shall be designated the Management Board of the Board of Legal Aid.
Requests which have not been forwarded in accordance with the provisions of the Treaty or of the Agreement shall be sent to the receiving central authority by the consignee on grounds of reasons of reasons.
1 The receiving central authority shall verify that the request complies with the provisions of the Treaty or of the Agreement. If that is not the case, it shall without delay inform the sending authority of the State from which the request is made and shall give a precise indication of the objections raised against the request.
2 The communication referred to in paragraph 1 shall be drawn up or translated into one of the languages referred to in Article 7, third paragraph, of the Treaty or in Article 6 (2) of the Agreement.
If the court which is to decide on an application for a declaration of a judgment in the costs of the proceedings, considers that the application does not comply with the provisions of the Treaty or of the Agreement, the court shall be the judge of the decision. Decision shall be taken to the host central authority and shall give a detailed explanation of the objections raised against the request. The receiving Central Authority shall then act on the application, if necessary, in accordance with the provisions of Article 5 .
All costs incurred in the execution of an application for legal aid, including the costs of translations, which are not borne by the applicant itself, and all the costs of the execution of a judgment in respect of costs, shall be borne by the person concerned. of the State.
The receiving Central Authority shall, if the application for legal aid complies with the provisions of the Convention or the Agreement, the decision on the request. If the decision is to reject the request, the decision shall include the reasons therefor. The decision shall also contain a statement of the fees charged to the applicant.
The host central authority may, if it considers it necessary for the proper handling of the application for legal aid, translate the documents into the Netherlands.
1 The receiving central authority shall inform the competent authority of the requesting State of the Article 8 That decision.
2 The communications referred to in paragraph 1 shall be drawn up or translated into one of the languages referred to in Article 7, third paragraph, of the Treaty or in Article 6 (2) of the Agreement.
1 An application for legal aid in another State which is a party to the Convention or the Convention must be lodged with the transmitting authority.
2 The application for legal aid must be made using the specimen form annexed to this Act, duly completed by the applicant and signed by him.
1 The transmitting authority shall verify that the application for legal aid complies with the provisions of the Convention or of the Agreement. It shall be helpful to the applicant in the preparation of the request.
2 If documents are to be attached to the request, the translation thereof must be in a language required by Article 7 (1) and (2) of the Treaty or Article 6 (2) of the Convention by means of the intervention of the Central Bank of the European Union. receiving authority.
The transmitting authority shall forward the request without delay to the host central authority of the requested State referred to in Article 3 of the Convention and in Article 2, second paragraph, of the Agreement. It shall respond to requests for further information from that authority.
The sending authority shall inform the applicant of the decision given on the request as soon as that decision has been notified to the transmitting authority. It shall also specify the fees charged by the host central authority of the requested State and shall be charged to the applicant, with a request to comply with the fees charged to him. The sending authority shall then transfer the funds received to the receiving central authority of the requested State.
1 The host central authority shall forward the request for a declaration of enforceability, if it considers that it complies with the provisions of the Treaty, for the treatment of Article 17 Said court. This request does not require the assistance of a lawyer.
2 The receiving central authority shall inform the sending authority of the State from which the request has been made of the decision given on the request and, if it seeks to reject the request, of the reasons therefor. The communication must be drawn up or translated into one of the languages referred to in Article 7 (3) of the Treaty.
1 To the knowledge of a request for a declaration of enforceability of a judgment in the costs of the proceedings shall be the sole jurisdiction of the Court of The Hague. No appeal shall be open at the disposal of the decision given on the request.
2 The court shall rule as soon as possible and shall, by the care of the Registrar, without delay, send a copy of its decision to the receiving central authority and to the party against whom the decision has been delivered.
1 Requests for a declaration of execution of a judgment in the costs of the proceedings must be lodged with the sending authority. Such request shall be submitted:
a certified copy of the part of the judgment, bearing the name and capacity of the parties and the judgment in the costs of the proceedings;
b. a statement that the judgment in respect of the conviction in the cost of res judiced has been obtained and enforceable.
2 To the issue of a copy as referred to in paragraph 1 (1), A. and a declaration as referred to in the first paragraph, B. shall have the power to the Registrar of the court of first instance to have ordered the costs to be ordered.
The sending authority shall ensure that the request and the documents submitted thereto shall be translated into the language of the requested State, which shall be certified. It shall forward the request, the documents, and the translations to the central receiving authority of the requested State without delay, with the request to take them into account.
The sending authority shall inform the applicant as soon as possible after the decision has been notified of it, of that notice.
This Law shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 28 October 1991
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for Justice,
A. Kosto
Published twenty-fourth December 1991The Minister of Justice,
E. M. H. Hirsch Ballin
1. Name and address of the applicant for legal aid
2. Court of tribunal in which the proceedings have been initiated (if known)
3.
(a) Subject-matter (s) of proceedings; amount of the claim, if applicable
(b) If applicable, list of supporting documents pertinent to commenced or intended proceedings 1
(c) Name and address of the party party 2
4. Any date or time-limit relating to proceedings with legal consequences for the applicant, calling for speedy handling of the application 3
5. Any other relevant information 4
6. Done at ..., the ...
7. Applicant's signature
8. name (maiden name, if applicable)
9. first name (s)
10. date and place of birth
11.
12.
(a) habitual residence (date of commencement of the residence)
(b) habitual residence (date of commencement and termination of the residence)
13. civil status (single, married, widow (er), divorced, separated)
14. name and first name (s) of the spouse
15. names, first names and dates of birth of children dependent on the applicant
16. other persons dependent on the applicant
17. supplementary information concerning the family situation
18.
19. name and address of employer or place of exercise of occupation
20
Income
or the applicant
or the spouse
or the persons depeudent on the applicant
| a) | salary (including payments in child) |
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| b) | guest houses, disability pensions, alimonies, allowances, annuities |
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| c) | Unemployment benefits |
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| C) | income from non-salaried occupations |
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| e) | income from securities and floating capital |
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| f) | income from real property |
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| g) | other sources of income |
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| 21 |
real property |
or the applicant |
or the spouse |
or the persous dependent on the applicant |
| (please state value (s) and obligations) |
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| 22 |
other assets |
or the applicant |
or the spouse |
or the persons dependent on the applicant |
| (securities, sharings in profits, claims, bank accounts, business capital, etc.) |
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| 23 |
debets and other financial |
or the obligations |
or the applicant |
or the spouse persons dependent on the applicant |
| a) | loans (state nature, balance to be paid and annual/monthly repayments) |
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| b) | maintenance obligations (state monthly payments) |
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| c) | house runs (iucluding costs of heating, electricity, gas and water) |
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| C) | other recurring obligations |
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24. income tax and social security contributions for the previous year
25. remarks of the applicant
26. if applicable, list of supporting documents
27. The Guardian, being fully aware of the penalties provided by law for the making of a false statement, declares that the above statement is complete and correct.
28. Done at ... (place)
29. the ... (date)
30. ... (applicant's signature)
