Declarations
Notifications
Articles: 23,26,34,52
13-03-2000
Pursuant to Article 34, para. 2, of the Convention, the Czech Republic has the honour to declare that requests under Article 34, para. 1, of the Convention are to be communicated to its authorities only through the Authority for International Legal Protection of Children, having its seat in Brno, Benešova 22.
Pursuant to Article 44 of the Convention, the Czech Republic has the honour to designate the Ministry of Justice of the Czech Republic, having its seat in Praha 2, Vyšehradská 16, as the authority to which requests for assuming or handing over jurisdiction under Articles 8 and 9 of the Convention, related to judicial proceeding in the Czech Republic or in another Contracting State, are to be addressed. The other requests under Articles 8 and 9 of the Convention and requests for consent to the placement of the child in a foster family or institutional care under Article 33 of the Convention are to be addressed to the Authority for International Legal Protection of Children, having its seat in Brno, Benešova 22.
16-09-2004
Articles 23, 26 and 52 of the Convention allow Contracting Parties a degree of flexibility in order to apply a simple and rapid regime for the recognition and enforcement of judgments. The Community rules provide for a system of recognition and enforcement, which is at least as favourable as the rules laid down in the Convention. Accordingly, a judgment given in a Court of a Member State of the European Union, in respect of a matter relating to the Convention, shall be recognised and enforced in the Czech Republic by application of the relevant internal rules of Community law.
18-05-2011
The Czech Republic declares, pursuant to Article 52, paragraph 1 of the Convention, that the rules on applicable law of the Convention shall take precedence over the rules of the Treaty between the Czechoslovak Socialist Republic and the Polish People's Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987.
07-05-2021
Communication from the Member States of the European Union (concerning the 1996 Hague Convention)
The Member States of the European Union1, acting in the interest of the Union, present their compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, in its capacity as Depositary of the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (hereinafter referred to as the “1996 Hague Convention”).
The Member States of the European Union, acting in the interest of the Union, wish to communicate the following on the reservations made by Nicaragua to the 1996 Hague Convention.
The Member States of the European Union, acting in the interest of the Union, acknowledge the notification No. 01/2020, dated 13 May 2020, by which the Depositary has notified the reservations made by Nicaragua concerning Articles 54(2), 55(1)(a) and 55(1)(b) of the 1996 Convention, as well as the notifications No. 04/2020, dated 19 November 2020 and No. 04/2020 CORR, dated 20 November 2020, by which the Depositary has notified the amendment made by Nicaragua on 12 November 2020 to its reservation concerning Article 55(1)(b) of the Convention.
The Member States of the European Union, acting in the interest of the Union, would like to recall that, pursuant to Article 60(1) of the 1996 Hague Convention, reservations shall be made by a State not later than the time of ratification, acceptance, approval or accession. Late reservations, as a matter of principle, are not admissible and the Member States of the European Union party to the 1996 Hague Convention, acting in the interest of the Union, are therefore not in favour of their acceptance. The Member States of the European Union party to the 1996 Hague Convention, acting in the interest of the Union, are also of the view that, in principle, the deposit of late reservations should not be scrutinised under a silence procedure for its acceptance for deposit.
Nevertheless, the Member States of the European Union party to the 1996 Hague Convention, acting in the interest of the Union, exceptionally and without recognition of a precedent, do not object to the silence procedure and the proposal by the Depositary to receive the reservations made by Nicaragua on Articles 54(2), 55(1)(a) and 55(1)(b) of the 1996 Convention for deposit.
1 Belgium, Bulgaria, Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland and Sweden.