Details

From 2 to 5 July 2024, the Meeting of the SC on the Practical Operation of the 1965 Service, 1970 Evidence, and 1980 Access to Justice Conventions (Conventions) was held in The Hague. The meeting was attended by 260 delegates and other experts, in person and online, representing HCCH Members, non-Member Contracting Parties, and Observers, as well as by members of the Permanent Bureau (PB). It was the first official meeting of the HCCH to be held following the adoption of Spanish as an additional official language on 1 July 2024.

Given that the last meeting of the SC on these Conventions was held in 2014, this meeting provided an important and timely opportunity for participants to examine and review the practical operation of the Conventions. The wide range of agenda topics enabled participants to share perspectives and useful information on the practical operation of the Conventions. The SC also explored how the practical operation of the Conventions could be further enhanced, including by using electronic means in communications between officials in Contracting Parties and in the development of new electronic Country Profiles which will contain essential practical information specific to each Contracting Party to the 1965 Service and 1970 Evidence Conventions.

The SC recalled that one of the fundamental purposes of the 1965 Service Convention is to ensure that judicial and extrajudicial documents are brought to the notice of the addressee in sufficient time. In this respect, participants discussed, among other topics, the use of Information Technology (IT) for the transmission and execution of requests for service, assistance in locating the addressee, time and delay in executing requests, and the operation of alternative channels of transmission.  

The SC also recalled the importance of the 1970 Evidence Convention in the taking of evidence abroad. Participants discussed, among other topics, the transmission and execution of Letters of Request, the use of the recommended Model Form, the expeditious execution of requests, language and translation, types of evidence and its use, and the use of video-link for both Chapters I and II of the Convention.

For these two Conventions, the SC reviewed the interpretation of the term “civil or commercial matters” and recommended that this term be interpreted in a broad, liberal and autonomous manner.

As to the 1980 Access to Justice Convention, delegates discussed issues to be taken into account when the requested State examines applications for legal aid. The SC also highlighted the ongoing importance of this Convention and recommended that States consider ratifying or acceding to it.

The SC approved, in principle, the fifth edition of the Service and Evidence Handbooks and welcomed the draft Country Profiles for these two Conventions, noting that discussions at the SC and relevant Conclusions & Recommendations (C&R) agreed by the SC will need to be incorporated into these documents. This work will be done in co-operation and consultation with the existing Working Groups which have been established for the purpose of finalising these documents. Once finalised, the Evidence Handbook and the Country Profiles will be submitted to CGAP for approval in 2025. It was recommended by the SC that the Service Handbook be finalised in advance of CGAP 2025 and approved by a written procedure.

In terms of future work, the SC recommended further work on the development of a document outlining good practices for the operation of the three Conventions; the organisation of informal online meetings for Central Authorities to exchange experiences, as well as online meetings to further discuss the use of IT; and work necessary to conclude new Model Forms for the taking of evidence under Chapter II of the 1970 Evidence Convention, which will also be submitted for approval at CGAP 2025.

The SC adopted 138 Conclusions & Recommendations, which are available on the HCCH website in English, French, and Spanish.

Additional information on the Conventions is available on the Service, Evidence, and Access to Justice sections of the HCCH website.

 

Photo credit: Sicco van Grieken