Rs 0.274.137 European Agreement Of 27 January 1977 On The Transmission Of Applications For Legal Aid

Original Language Title: RS 0.274.137 Accord européen du 27 janvier 1977 sur la transmission des demandes d’assistance judiciaire

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0.274.137 original text European Agreement on the transmission of applications for legal aid, signed in Strasbourg on 27 January 1977 and approved by the Federal Assembly on 9 June 1994 Instrument of ratification deposited by the Switzerland on December 1, 1994, entered into force for the Switzerland January 2, 1995 (status as of May 27, 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 greater unity between its members;
Whereas it is desirable to eliminate economic barriers to access to civil justice and to allow economically disadvantaged people to assert their rights in the Member States;
Convinced that the establishment of an adequate system of transmission of applications for legal aid would contribute to achieve this goal, have agreed as follows: article 1. any person having his habitual residence in the territory of one of the Contracting Parties, wishing to seek judicial assistance in civil, commercial or administrative matters in the territory of another Contracting Party may apply in the State of habitual residence. This State shall transmit the request to the other State.

S. 2 1. Each Contracting Party shall designate one or more transmitting authorities directly transmit requests for judicial assistance to the foreign authority designated herein.
2. each Contracting Party is also a receiving central authority to receive requests for legal assistance from another Contracting Party and to respond.
The Federal States and the States in which different systems of law are in force have the right to designate more than one central authority.

S. 3 1. The transmitting Authority assists the applicant so that all documents which, to the knowledge of the authority, are necessary for the assessment of the request are attached to it. She also assists the applicant to any required translation of the documents.
It may refuse to transmit the request in the event that it appears clearly reckless.
2. the receiving Central Authority transmits the file to the competent authority to decide on the request. It shall inform the transmitting authority of all difficulties relating to the examination of the application as well as the decision taken by the competent authority.

S. 4. documents transmitted in application of this agreement are exempt from legalisation and any similar formality.

S. 5. no remuneration cannot be perceived by the Contracting Parties for the services rendered pursuant to this agreement.

S. 6 1. Subject to special arrangements concluded between the concerned authorities of the Contracting Parties and the provisions of the art. 13 and 14: a. the request for judicial assistance and attachments as well as all other communications are written in the language or one of the official languages of the receiving authority or accompanied by a translation into that language; b. each Contracting Party shall nevertheless accept the request for judicial assistance and attachments as well as all communications when they are written in English or French, or when they are accompanied by a translation in one of these languages.

2. communications from the State of the receiving authority may be drafted in the language or one of the official languages of that State or in English or french.

S. 7. with a view to facilitating the implementation of the present agreement, the central authorities of the Contracting Parties will keep each other informed of the State of their law on judicial assistance.

S. 8. the authorities referred to in art. 2 are designated by means of a declaration addressed to the Secretary General of the Council of Europe at the time when the State becomes a party to the agreement in accordance with the provisions of the art. 9 and 11. Any change regarding the competence of these authorities will also be the object of a declaration addressed to the Secretary General of the Council of Europe.

S. 9 1. This agreement shall be open for signature by States members of the Council of Europe, who may become Parties by: a. signature without reservation as to ratification, acceptance or approval; b. signature subject to ratification, acceptance or approval, 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.

S. 10 1. This agreement shall enter into force one month after the date on which two Member States of the Council of Europe will become Parties to the agreement in accordance with the provisions of art. 9 2. Any Member State which subsequently sign without reservation of ratification, acceptance or approval, or ratify, accept or approve it, the agreement shall enter into force one month after the date of signature or the deposit of the instrument of ratification, acceptance or approval.

S. 11 1. After the entry into force of this agreement, the Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this agreement.
2. accession shall be effected by depositing with 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.

S. 12 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate any territories to which apply this agreement.
2. any State may, at the time of the deposit of its instrument of ratification, acceptance, approval or accession or at any time thereafter, extend the application of this agreement by declaration addressed to the Secretary General of the Council of Europe, to any other territory specified in the declaration, and it ensures international relations or for which it is authorised to give undertakings. The extension shall take 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 specified in the 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.

S. 13 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare exclude the application in whole or in part from the provisions of art. 6, by. 1B. No other reservations to this agreement is permitted.
2. any Contracting Party may wholly or partly withdraw the reservation it made, by means of a declaration addressed to the Secretary General of the Council of Europe. The effect of the reserve will 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 for that party.

S. 14 1. Any Contracting Party having several official languages may, for the purposes of the application of art. 6, by. 1A, make known, by means of a declaration, the language in which the application and the accompanying documents must be written or translated for transmission in 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 the signing of the agreement by the State concerned or at the time of the deposit of its instrument of ratification, acceptance, approval or accession. The declaration may be withdrawn or changed at any time later according to the same procedure.

S. 15 1. Any Contracting Party may, in so far as it is concerned, denounce this agreement by notice to the Secretary General of the Council of Europe.
2. the denunciation shall take effect six months after the date of the receipt of the notification by the Secretary General.

S. 16. the Secretary General of the Council of Europe shall notify the Member States of the Council and any State having acceded to this agreement: a. any signature without reservation of ratification, acceptance or approval; b. any signature subject to ratification, acceptance or approval;. c the deposit of any instrument of ratification, acceptance, approval or accession; (d) any declaration received pursuant to the provisions of art. 8; e. any date of entry into force of this agreement, in accordance with his art. 10; f any declaration received pursuant to the provisions of by. 2 and 3 of art. 12; g. any reservation made under the provisions of by. 1 of art. 13; h. the withdrawal of any reservation carried out under the provisions of by. 2 of art. 13; i. any declaration received pursuant to the provisions of art. 14; j any notification received in application of the provisions of art. 15 and the date on which the denunciation takes effect.

In witness whereof the undersigned, being duly authorized thereto, have signed this agreement.
Done at Strasbourg, 27 January 1977, in french and English, 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 certified copies to each of the signatory States and acceding.
(Follow signatures)

Scope may 27, 2011 States parties Ratification accession (A) Declaration of succession (S) Signature without reservation of ratification (if) entry into force Albania 17 May 2001 June 18, 2001 Austria * 15 February 1982 16 March


1982 Azerbaijan * 28 March 2000 was April 29, 2000 Belgium * 10 May 1978 11 June 1978 Bosnia and Herzegovina * April 30, 2009 may 31, 2009 Bulgaria * 31 May 1996 1 July 1996 Denmark * 11 October 1979 if 12 November 1979 Spain * 29 November 1985 December 30, 1985 Estonia * 16 December 1998 January 17, 1999 Finland * June 26, 1980 27 July 1980 France * December 21, 1979 22 January 1980 Georgia * July 17, 2006 August 18, 2006 Greece * 27 January 1977 If 28 February 1977 Ireland * 15 November 1988 December 16, 1988 Italy * 6 June 1983 7 July 1983 Latvia * 30 May 2001 July 1, 2001 Lithuania * 16 October 1996 17 November 1996 Luxembourg * 27 January 1977 if 28 February 1977 Macedonia * January 15, 2003 16 February 2003 Montenegro June 6, 2006 S June 6, 2006 Norway * June 24, 1977 25 July 1977 Netherlands * 12 March 1992 13 April 1992 part Caribbean (Bonaire (, Sint Eustatius and Saba) October 10, 2010 10 October 2010 Poland * 18 March 1997 April 19, 1997 Portugal * June 16, 1986 July 17, 1986, Czech Republic * 8 September 2000 9 October 2000 Romania * February 15, 2006 March 16, 2006 United Kingdom * 17 January 1978 February 18, 1978 Isle of Man 18 May 1995 19 June 1995 Serbia * February 9, 2005 March 10, 2005 Sweden * 27 January 1977 if 28 February 1977 Switzerland * 1 December 1994 2 January 1995 Turkey * 22 March

1983 23 April 1983 reservations and declarations. Reservations and declarations, as well as the declarations under art. 8 of the agreement, with the exception of Switzerland, are not published to the RO. The texts in french and English will be available at the website of the Council of Europe address: http://conventions.coe.int or obtained in the Directorate of public international law (DPIL), Section of international treaties, 3003 Berne.

Reservations and declarations Switzerland 1. Ad art. 2 in accordance with art. 8, the Switzerland means the cantonal authorities listed below as a receiving and transmitting central authorities within the meaning of art. 2 of the convention. Requests from abroad may also be directed to the Department fédéral de justice et police in Bern, who will transmit them to the competent central authorities.
Insofar as judicial assistance procedures which, due to the rules of jurisdiction internal or internal succession of instances, must take place before the federal authorities, the federal Department of justice and police shall forward applications y related to the competent federal authorities. If such requests are submitted to the cantonal authorities, they transmit ex officio to the Department fédéral de justice et police.
2 Ad art. 6 pursuant to arts. 13 and 14, the Switzerland declares that, with regard to art. 6, the request for judicial assistance and its annexes shall be drafted in the language of the requested authority, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the region of Switzerland where the request should be executed (see list of Swiss authorities below). The pieces written in a language other than that of the authority required, or accompanied by a translation into another language, can be rejected in all cases.

List of Swiss authorities: a) cantonal central authorities an up-to-date list of the cantonal authorities with their coordinates can be accessed online at the following address: www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html b) Authority federal federal Department of Justice and Police, federal Office of Justice, 3003 Bern RO 1994 2851, 1995 967; FF 1993 III 1185 s. 4 al. 1 of 9 June 1994 (RO 1994 2807) AF RO 1995 967, 2004 3457, 2007 3849 and 2011 3307. A version of the update scope is published on the web site of the FDFA (http://www.dfae.admin.ch/traites).
S. 4 al. 3 af of June 9, 1994 (1994 2807 RO) this list replaces the one published in the RO 1995 972. It has been adapted in accordance with art. 16 al. 3 o of 17 nov. 2004 on official publications (RS 170.512.1).

State may 27, 2011

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