Key Benefits:
Original text
(State on 27 May 2011)
Preamble
The member States of the Council of ' Europe, signatories to this Agreement,
Considering that the aim of the Council of Europe is to achieve a closer union among its Members;
Considering that it is desirable to remove the economic obstacles to access to civil justice and to enable economically disadvantaged persons to better enforce their rights in the Member States;
Convinced that the establishment of a system for the transmission of requests for adequate legal assistance would contribute to this goal,
Have agreed as follows:
Any person, having his or her habitual residence in the territory of one of the Contracting Parties, who wishes to seek legal assistance in civil, commercial or administrative matters in the territory of another Contracting Party may present His application in the State of his habitual residence. This State is obliged to transmit the request to the other State.
(1) Each Contracting Party shall designate one or more dispatching authorities responsible for the direct transmission of applications for legal assistance to the following foreign authority.
(2) Each Contracting Party shall also designate a receiving central authority responsible for receiving and responding to requests for legal assistance from another Contracting Party.
Federal States and States in which several systems of law are in force have the option of designating several central authorities.
The sending authority shall assist the applicant so that all documents which, to the knowledge of that authority, are necessary for the assessment of the application are attached to it. It also assists the applicant in the necessary translation of the documents.
It may refuse to transmit the application in the event that it is manifestly reckon.
2. The receiving central authority shall forward the case to the competent authority to decide on the application. It shall inform the issuing authority of any difficulties relating to the examination of the application and of the decision taken by the competent authority.
Documents transmitted pursuant to this Agreement shall be exempt from legalization and any similar formality.
No remuneration may be collected by the Contracting Parties for services rendered in accordance with this Agreement.
Subject to the special arrangements entered into between the relevant authorities of the Contracting Parties and the provisions of s. 13 and 14:
2. Communications from the State of the receiving authority may be written in the language or in one of the official languages of that State or in English or French.
With a view to facilitating the implementation of this Agreement, the central authorities of the Contracting Parties shall keep each other informed of the state of their right to legal assistance.
The authorities referred to in Art. 2 shall be designated by means of a declaration addressed to the Secretary General of the Council of Europe at the time when the State concerned becomes a Party to the Agreement in accordance with the provisions of Art. 9 and 11. Any change in the competence of these authorities will also be the subject of a declaration addressed to the Secretary General of the Council of Europe.
1. This Agreement shall be open for signature by the member States of the Council of Europe which may become Parties to this Agreement by:
2. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
1. This Agreement shall enter into force one month after the date on which two member States of the Council of Europe have become Parties to the Agreement in accordance with the provisions of Art. 9.
2. For any Member State which subsequently signs it without reservation as to ratification, acceptance or approval, or ratifies, accepts or approves it, the Agreement shall enter into force one month after the date of signature or deposit of The instrument of ratification, acceptance or approval.
After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to this Agreement.
2. Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect one month after the date of its deposit.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Agreement shall apply.
2. Any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession or at any other time thereafter, extend the application of this Agreement by declaration addressed to the Secretary General of the Council of Europe, in any other territory designated in the declaration for which it is responsible for international relations or for which it is entitled to stipulate. The extension takes effect one month after the date of receipt of the declaration.
3. Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare the exclusion of the application in whole or in part of the provisions of Art. 6, para. 1. B. No other reservation shall be permitted in this Agreement.
2. Any Contracting Party may withdraw, in whole or in part, the reservation it has made, by means of a declaration addressed to the Secretary General of the Council of Europe. The effect of the reservation shall cease on the date of receipt of the declaration.
(3) Where a Contracting Party makes a reservation, any other Party may apply the same reservation to that Party.
1. Any Contracting Party with several official languages may, for the purposes of the application of s. 6, para. 1. A, to make known, by means of a declaration, the language in which the application and the attached documents must be written or translated for transmission in the parts of its territory that it has determined.
2. The declaration provided for in the preceding paragraph shall be addressed to the Secretary General of the Council of Europe at the time of signature of the Agreement by the State concerned or at the time of deposit of its instrument of ratification, acceptance, approval or Membership. The declaration may be withdrawn or amended at any time thereafter in accordance with the same procedure.
1. Any Contracting Party may, as far as it is concerned, denounce this Agreement by sending a notification to the Secretary General of the Council of Europe.
The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
The Secretary General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Agreement:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.
Done at Strasbourg, on 27 January 1977, in English and in French, both texts being equally authentic, in a single copy which shall be deposited 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 acceding States.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of succession (S) Signature without reservation of ratification (If) |
Entry into force |
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Albania |
17 May |
2001 |
18 June |
2001 |
Austria * |
February 15 |
1982 |
March 16 |
1982 |
Azerbaijan * |
28 March |
2000 A |
29 April |
2000 |
Belgium * |
10 May |
1978 |
11 June |
1978 |
Bosnia and Herzegovina * |
April 30 |
2009 |
May 31 |
2009 |
Bulgaria * |
May 31 |
1996 |
1 Er July |
1996 |
Denmark * |
11 October |
1979 If |
12 November |
1979 |
Spain * |
29 November |
1985 |
December 30 |
1985 |
Estonia * |
16 December |
1998 |
17 January |
1999 |
Finland * |
26 June |
1980 A |
27 July |
1980 |
France * |
21 December |
1979 |
22 January |
1980 |
Georgia * |
17 July |
2006 |
August 18 |
2006 |
Greece * |
27 January |
1977 Si |
28 February |
1977 |
Ireland * |
15 November |
1988 |
16 December |
1988 |
Italy * |
6 June |
1983 |
7 July |
1983 |
Latvia * |
30 May |
2001 |
1 Er July |
2001 |
Lithuania * |
October 16 |
1996 |
17 November |
1996 |
Luxembourg * |
27 January |
1977 Si |
28 February |
1977 |
Macedonia * |
15 January |
2003 |
February 16 |
2003 |
Montenegro |
6 June |
2006 S |
6 June |
2006 |
Norway * |
24 June |
1977 |
July 25 |
1977 |
Netherlands * |
12 March |
1992 |
13 April |
1992 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
10 October |
2010 |
10 October |
2010 |
Poland * |
18 March |
1997 |
19 April |
1997 |
Portugal * |
June 16 |
1986 |
17 July |
1986 |
Czech Republic * |
8 September |
2000 |
9 October |
2000 |
Romania * |
February 15 |
2006 |
March 16 |
2006 |
United Kingdom * |
17 January |
1978 |
18 February |
1978 |
Isle of Man |
18 May |
1995 |
19 June |
1995 |
Serbia * |
February 9 |
2005 |
10 March |
2005 |
Sweden * |
27 January |
1977 Si |
28 February |
1977 |
Switzerland * |
1 Er December |
1994 |
2 January |
1995 |
Turkey * |
22 March |
1983 |
April 23 |
1983 |
Reservations and declarations. Reservations and declarations, as well as declarations under art. 8 of the agreement, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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1. Ad. 2
In accordance with Art. 8, Switzerland shall designate the cantonal authorities listed below as receiving and dispatching central authorities within the meaning of Art. 2 of the Convention. Applications from abroad may also be addressed to the Federal Department of Justice and Police in Bern, which will forward them to the relevant central authorities.
To the extent that legal assistance relates to proceedings which, due to the rules of internal jurisdiction or the internal succession of proceedings, must take place before the federal authorities, the Federal Department of Justice and the Police Forwards the applications to the appropriate federal authorities. If such requests are made to the cantonal central authorities, they shall transmit them ex officio to the Federal Department of Justice and Police.
2. Ad art. 6
In accordance with Art. 13 and 14, Switzerland states that, in relation to art. 6, the application for judicial assistance and its annexes must be in the language of the requested authority, that is, in German, French or Italian, or accompanied by a translation into one of those languages, according to the The region of Switzerland in which the application is to be carried out (cf. List of Swiss authorities below). Parts written in a language other than that of the required authority, or accompanied by a translation into another language, may be refused in all cases.
(a) Cantonal central authorities
An updated list of the cantonal central authorities with their contact details can be found online at: www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html
(b) Federal authority
Federal Department of Justice and Police, Federal Office of Justice, 3003 Berne
1 Art. 4. 1 of June 9, 1994 (RO) 1994 2807)
2 RO 1995 967, 2004 3457, 2007 3849 and 2011 3307. A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).
3 Art. 4. 3 of the AF of 9 June 1994 (RO 1994 2807)
4 This list replaces the one published in the OR 1995 972. It has been adapted to the application of Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).