CONVENTION ON INTERNATIONAL ACCESS TO
JUSTICE
(Concluded 25 October
1980)
The States signatory to this Convention,
Desiring to facilitate international access to justice,
Have resolved to conclude a Convention for this purpose and
have agreed upon the following provisions -
chapter i -
legal aid
Article 1
Nationals of any Contracting State and persons habitually
resident in any Contracting State shall be entitled to legal aid for court
proceedings in civil and commercial matters in each Contracting State on the
same conditions as if they themselves were nationals of and habitually resident
in that State.
Persons to whom paragraph 1 does not apply, but who
formerly had their habitual residence in a Contracting State in which court
proceedings are to be or have been commenced, shall nevertheless be entitled to
legal aid as provided by paragraph 1 if the cause of action arose out of their
former habitual residence in that State.
In States where legal aid is provided in administrative,
social or fiscal matters, the provisions of this Article shall apply to cases
brought before the courts or tribunals competent in such matters.
Article 2
Article 1 shall apply to legal advice provided the person
seeking advice is present in the State where advice is sought.
Article 3
Each Contracting State shall designate a Central Authority
to receive, and take action on, applications for legal aid submitted under this
Convention.
Federal States and States which have more than one legal
system may designate more than one Central Authority. If the Central Authority
to which an application is submitted is not competent to deal with it, it shall
forward the application to whichever other Central Authority in the same
Contracting State is competent to do so.
Article 4
Each Contracting State shall designate one or more
transmitting authorities for the purpose of forwarding applications for legal
aid to the appropriate Central Authority in the requested State.
Applications for legal aid shall be transmitted, without
the intervention of any other authority, in the form of the model annexed to
this Convention.
Nothing in this Article shall prevent an application from
being submitted through diplomatic channels.
Article 5
Where the applicant for legal aid is not present in the
requested State, he may submit his application to a transmitting authority in
the Contracting State where he has his habitual residence, without prejudice to
any other means open to him of submitting his application to the competent
authority in the requested State.
The application shall be in the form of the model annexed
to this Convention and shall be accompanied by any necessary documents, without
prejudice to the right of the requested State to require further information or
documents in appropriate cases.
Any Contracting State may declare that its receiving
Central Authority will accept applications submitted by other channels or
methods.
Article 6
The transmitting authority shall assist the applicant in
ensuring that the application is accompanied by all the information and
documents known by it to be necessary for consideration of the application. It
shall ensure that formal requirements are met.
If it appears to the transmitting authority that the
application is manifestly unfounded, it may refuse to transmit the application.
It shall assist the applicant in obtaining without charge a
translation of the documents where such assistance is appropriate.
It shall reply to requests for further information from the
receiving Central Authority in the requested State.
Article 7
The application, the supporting documents and any
communications in response to requests for further information shall be in the
official language or in one of the official languages of the requested State or
be accompanied by a translation into one of those languages.
However, where in the requesting State it is not feasible
to obtain a translation into the language of the requested State, the latter
shall accept the documents in either English or French, or the documents
accompanied by a translation into one of those languages.
Communications emanating from the receiving Central
Authority may be drawn up in the official language or one of the official
languages of the requested State or in English or French. However, where the
application forwarded by the transmitting authority is in either English or
French, or is accompanied by a translation into one of those languages,
communications emanating from the receiving Central Authority shall also be in
one of those languages.
The costs of translation arising from the application of
the preceding paragraphs shall be borne by the requesting State, except that
any translations made in the requested State shall not give rise to any claim
for reimbursement on the part of that State.
Article 8
The receiving Central Authority shall determine the
application or shall take such steps as are necessary to obtain its
determination by a competent authority in the requested State.
The receiving Central Authority shall transmit requests for
further information to the transmitting authority and shall inform it of any
difficulty relating to the examination of the application and of the decision
taken.
Article 9
Where the applicant for legal aid does not reside in a
Contracting State, he may submit his application through consular channels,
without prejudice to any other means open to him of submitting his application
to the competent authority in the requested State.
Any Contracting State may declare that its receiving
Central Authority will accept applications submitted by other channels or
methods.
Article 10
All documents forwarded under this Chapter shall be exempt
from legalisation or any analogous formality.
Article 11
No charges shall be made for the transmission, reception or
determination of applications for legal aid under this Chapter.
Article 12
Applications for legal aid shall be handled expeditiously.
Article 13
Where legal aid has been granted in accordance with Article
1, service of documents in any other Contracting State in pursuance of the
legally aided person's proceedings shall not give rise to any charges
regardless of the manner in which service is effected. The same applies to
Letters of Request and social enquiry reports, except for fees paid to experts
and interpreters.
Where a person has received legal aid in accordance with
Article 1 for proceedings in a Contracting State and a decision has been given
in those proceedings, he shall, without any further examination of his
circumstances, be entitled to legal aid in any other Contracting State in which
he seeks to secure the recognition or enforcement of that decision.
chapter ii -
security for costs and enforceability of orders for costs
Article 14
No security, bond or deposit of any kind may be required,
by reason only of their foreign nationality or of their not being domiciled or
resident in the State in which proceedings are commenced, from persons
(including legal persons) habitually resident in a Contracting State who are
plaintiffs or parties intervening in proceedings before the courts or tribunals
of another Contracting State.
The same rule shall apply to any payment required of
plaintiffs or intervening parties as security for court fees.
Article 15
An order for payment of costs and expenses of proceedings,
made in one of the Contracting States against any person exempt from
requirements as to security, bond, deposit or payment by virtue of Article 14
or of the law of the State where the proceedings have been commenced shall, on
the application of the person entitled to the benefit of the order, be rendered
enforceable without charge in any other Contracting State.
Article 16
Each Contracting State shall designate one or more
transmitting authorities for the purpose of forwarding to the appropriate
Central Authority in the requested State applications for rendering enforceable
orders to which Article 15 applies.
Each Contracting State shall designate a Central Authority
to receive such applications and to take the appropriate steps to ensure that a
final decision on them is reached.
Federal States and States which have more than one legal
system may designate more than one Central Authority. If the Central Authority
to which an application is submitted is not competent to deal with it, it shall
forward the application to whichever other Central Authority in the requested
State is competent to do so.
Applications under this Article shall be transmitted
without the intervention of any other authority, without prejudice to an
application being transmitted through diplomatic channels.
Nothing in this Article shall prevent applications from
being made directly by the person entitled to the benefit of the order unless
the requested State has declared that it will not accept applications made in
this manner.
Article 17
Every application under Article 15 shall be accompanied by
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a) a
true copy of the relevant part of the decision showing the names and capacities
of the parties and of the order for payment of costs or expenses;
b) any document necessary to prove that the decision is no longer
subject to the ordinary forms of review in the State of origin and that it is
enforceable there;
c) a translation, certified as true, of the above-mentioned
documents into the language of the requested State, if they are not in that
language.
The application shall be determined without a hearing and
the competent authority in the requested State shall be limited to examining
whether the required documents have been produced. If so requested by the
applicant, that authority shall determine the amount of the costs of
attestation, translation and certification, which shall be treated as costs and
expenses of the proceedings. No legalisation or analogous formality may be
required.
There shall be no right of appeal against the decision of
the competent authority except in accordance with the law of the requested
State.
chapter iii -
copies of entries and decisions
Article 18
Nationals of any Contracting State and persons habitually
resident in any Contracting State may obtain in any other Contracting State, on
the same terms and conditions as its nationals, copies of or extracts from
entries in public registers and decisions relating to civil or commercial
matters and may have such documents legalised, where necessary.
chapter iv -
physical detention and safe-conduct
Article 19
Arrest and detention, whether as a means of enforcement or
simply as a precautionary measure, shall not, in civil or commercial matters,
be employed against nationals of a Contracting State or persons habitually
resident in a Contracting State in circumstances where they cannot be employed
against nationals of the arresting and detaining State. Any fact which may be
invoked by a national habitually resident in such State to obtain release from
arrest or detention may be invoked with the same effect by a national of a
Contracting State or a person habitually resident in a Contracting State even
if the fact occurred abroad.
Article 20
A person who is a national of or habitually resident in a
Contracting State and who is summoned by name by a court or tribunal in another
Contracting State, or by a party with the leave of the court or tribunal, in
order to appear as a witness or expert in proceedings in that State shall not
be liable to prosecution or detention, or subjected to any other restriction on
his personal liberty, in the territory of that State in respect of any act or
conviction occurring before his arrival in that State.
The immunity provided for in the preceding paragraph shall
commence seven days before the date fixed for the hearing of the witness or
expert and shall cease when the witness or expert having had, for a period of
seven consecutive days from the date when he was informed by the judicial
authorities that his presence is no longer required, an opportunity of leaving
has nevertheless remained in the territory, or having left it, has returned
voluntarily.
chapter v -
general provisions
Article 21
Without prejudice to the provisions of Article 22, nothing
in this Convention shall be construed as limiting any rights in respect of
matters governed by this Convention which may be conferred upon a person under
the law of any Contracting State or under any other convention to which it is,
or becomes, a party.
Article 22
Between Parties to this Convention who are also Parties to
one or both of the Conventions on civil procedure signed at
The Hague on the 17th of July 1905 and the 1st of March 1954, this Convention
shall replace Articles 17 to 24 of the Convention of 1905 or Articles 17 to 26
of the Convention of 1954 even if the reservation provided for under paragraph
2 c) of Article 28 of this Convention has been made.
Article 23
Supplementary agreements between Parties to the Conventions
of 1905 and 1954 shall be considered as equally applicable to the present
Convention, to the extent that they are compatible therewith, unless the
Parties otherwise agree.
Article 24
A Contracting State may by declaration specify a language
or languages other than those referred to in Articles 7 and 17 in which
documents sent to its Central Authority may be drawn up or translated.
Article 25
A Contracting State which has more than one official
language and cannot, for reasons of internal law, accept for the whole of its
territory documents referred to in Articles 7 and 17 drawn up in one of those
languages shall by declaration specify the language in which such documents or
translations thereof shall be drawn up for submission in the specified parts of
its territory.
Article 26
If a Contracting State has two or more territorial units in
which different systems of law are applicable in relation to matters dealt with
in this Convention, it may at the time of signature, ratification, acceptance,
approval or accession declare that this Convention shall extend to all its
territorial units or only to one or more of them and may modify that
declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of
Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the
territorial units to which the Convention applies.
Article 27
Where a Contracting State has a system of government under
which executive, judicial and legislative powers are distributed between
central and other authorities within that State, its signature or ratification,
acceptance, or approval of, or accession to this Convention, or its making of
any declaration under Article 26 shall carry no implication as to the internal
distribution of powers within that State.
Article 28
Any Contracting State may, at the time of signature,
ratification, acceptance, approval or accession, reserve the right to exclude
the application of Article 1 in the case of persons who are not nationals of a
Contracting State but who have their habitual residence in a Contracting State
other than the reserving State or formerly had their habitual residence in the
reserving State, if there is no reciprocity of treatment between the reserving
State and the State of which the applicants for legal aid are nationals.
Any Contracting State may, at the time of signature,
ratification, acceptance, approval or accession, reserve the right to exclude -
a) the
use of English or French, or both, under paragraph 2 of Article 7;
b) the application of paragraph 2 of Article 13;
c) the application of Chapter II;
d) the application of Article 20.
Where a State has made a reservation -
e) under
paragraph 2 a) of this Article, excluding the use of both
English and French, any other State affected thereby may apply the same rule
against the reserving State;
f) under paragraph 2 b) of this Article, any
other State may refuse to apply paragraph 2 of Article 13 to persons who
are nationals of or habitually resident in the reserving State;
g) under paragraph 2 c) of this Article, any other
State may refuse to apply Chapter II to persons who are nationals of or
habitually resident in the reserving State.
No other reservation shall be permitted.
Any Contracting State may at any time withdraw a
reservation it has made. The withdrawal shall be notified to the Ministry of
Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease
to have effect on the first day of the third calendar month after the
notification.
Article 29
Every Contracting State shall, at the time of the deposit
of its instrument of ratification or accession, or at a later date, inform the
Ministry of Foreign Affairs of the Kingdom of the Netherlands of the
designation of authorities pursuant to Articles 3, 4 and 16.
It shall likewise inform the Ministry, where appropriate,
of the following -
a) declarations
pursuant to Articles 5, 9, 16, 24, 25, 26 and 33;
b) any withdrawal or modification of the above designations and
declarations;
c) the withdrawal of any reservation.
Article 30
The model forms annexed to this Convention may be amended
by a decision of a Special Commission convoked by the Secretary General of the
Hague Conference to which all Contracting States and all Member States shall be
invited. Notice of the proposal to amend the forms shall be included in the
agenda for the meeting.
Amendments adopted by a majority of the Contracting States
present and voting at the Special Commission shall come into force for all
Contracting States on the first day of the seventh calendar month after the
date of their communication by the Secretary General to all Contracting States.
During the period provided for by paragraph 2 any
Contracting State may by notification in writing to the Ministry of Foreign
Affairs of the Kingdom of the Netherlands make a reservation with respect to
the amendment. A Party making such reservation shall until the reservation is
withdrawn be treated as a State not a Party to the present Convention with
respect to that amendment.
chapter vi -
final clauses
Article 31
The Convention shall be open for signature by the States
which were Members of the Hague Conference on Private International Law at the
time of its Fourteenth Session and by non-Member States which were invited to
participate in its preparation.
It shall be ratified, accepted or approved and the
instruments of ratification, acceptance or approval shall be deposited with the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 32
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Such accession shall have effect only as regards the
relations between the acceding State and those Contracting States which have
not raised an objection to its accession in the twelve months after the receipt
of the notification referred to in sub-paragraph 2 of Article 36. Such an
objection may also be raised by Member States at the time when they ratify,
accept or approve the Convention after an accession. Any such objection shall
be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 33
Any State may, at the time of signature, ratification,
acceptance, approval or accession, declare that the Convention shall extend to
all the territories for the international relations of which it is responsible,
or to one or more of them. Such a declaration shall take effect at the time the
Convention enters into force for that State.
Such declaration, as well as any subsequent extension,
shall be notified to the Ministry of Foreign Affairs of the Kingdom of the
Netherlands.
Article 34
The Convention shall enter into force on the first day of
the third calendar month after the deposit of the third instrument of
ratification, acceptance, approval or accession referred to in Articles 31 and
32.
Thereafter the Convention shall enter into force -
(1) for each State ratifying, accepting, approving or
acceding to it subsequently, on the first day of the third calendar month after
the deposit of its instrument of ratification, acceptance, approval or
accession;
(2) for any territory or territorial unit to which the Convention has
been extended in conformity with Article 26 or 33, on the first day of the
third calendar month after the notification referred to in that Article.
Article 35
The Convention shall remain in force for five years from
the date of its entry into force in accordance with the first paragraph of
Article 34 even for States which subsequently have ratified, accepted, approved
it or acceded to it.
If there has been no denunciation, it shall be renewed
tacitly every five years.
Any denunciation shall be notified to the Ministry of
Foreign Affairs of the Kingdom of the Netherlands, at least six months before
the expiry of the five year period. It may be limited to certain of the
territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the
State which has notified it. The Convention shall remain in force for the other
Contracting States.
Article 36
The Ministry of Foreign Affairs of the Kingdom of the
Netherlands shall notify the States Members of the Conference, and the States
which have acceded in accordance with Article 32, of the following -
(1) the signatures and ratifications, acceptances and
approvals referred to in Article 31;
(2) the accessions and objections raised to accessions referred to in
Article 32;
(3) the date on which the Convention enters into force in accordance with
Article 34;
(4) the declarations referred to in Articles 26 and 33;
(5) the reservations and withdrawals referred to in Articles 28 and 30;
(6) the information communicated under Article 29;
(7) the denunciations referred to in Article 35.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the
English and French languages, both texts being equally authentic, in a single
copy which shall be deposited in the archives of the Government of the Kingdom
of the Netherlands and of which a certified copy shall be sent, through
diplomatic channels, to each of the States Members of the Hague Conference on
Private International Law at the date of its Fourteenth Session and to each
other State having participated in the preparation of this Convention at this
Session.
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ANNEX TO THE CONVENTION FORM FOR TRANSMISSION OF APPLICATION FOR LEGAL AID Convention on International Access to Justice,
The
undersigned transmitting authority has the honour to transmit to the
receiving Central Authority the attached application for legal aid and its
annex (statement concerning the applicant's financial circumstances), for the
purpose of Chapter I of the above-mentioned Convention. Remarks
concerning the application and the statement, if any: Other
remarks, if any: Done at ...... , the ........ |
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FORM ATTACHED TO THE CONVENTION APPLICATION FOR LEGAL AID Convention on International Access to Justice, 1
Name and address of the applicant for legal aid 2 Court
or tribunal in which the proceedings have been or will be 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* c) Name
and address of the opposing party* 4
Any date or time-limit relating to proceedings with legal consequences for
the applicant, calling for speedy handling of the application* 5
Any other relevant information* 6 Done at ....... , the ........ 7 Applicant's
signature *
Delete if inappropriate. |
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Annex to the application for legal aid Statement concerning the applicant's financial
circumstances I Personal
situation 8
name (maiden name, if applicable) 9
first name(s) 10
date and place of birth 11
nationality 12 a)
habitual residence (date of commencement of the residence) b)
former 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 |
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II Financial
circumstances 18
occupation 19
name and address of employer or place of exercise of occupation |
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20
income |
of
the applicant |
of
the spouse |
of
the persons dependent on the applicant |
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a) salary
(including payments in kind) |
..................... |
.................. |
.................. |
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b) pensions,
disability pensions, alimonies, allowances, annuities |
..................... |
.................. |
.................. |
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c) unemployment
benefits |
..................... |
.................. |
.................. |
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d) 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 |
of
the applicant |
of
the spouse |
of
the persons dependent on the applicant |
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(please
state value(s) and obligations) |
..................... |
.................. |
.................. |
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22
other assets |
of
the applicant |
of
the spouse |
of
the persons dependent on the applicant |
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(securities,
sharing in profits, claims, bank accounts, business capital, etc.) |
..................... |
.................. |
.................. |
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23
debts and other financial obligations |
of
the applicant |
of
the spouse |
of
the persons dependent on the applicant |
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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
rent (including costs of heating, electricity, gas and water) |
..................... |
.................. |
.................. |
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d) 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
undersigned, 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) |
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