Declaraciones
Reservas
Artículos: 34,54,55,60
24-02-2011
Pursuant to Article 34, paragraph 2 of the Convention, the Government of Malta declares, that requests received under Article 34, paragraph 1 of the Convention are to be communicated to its authorities only through its Central Authority.
Pursuant to Article 54 paragraph 2 of the Convention, the Government of Malta declares, that it cannot accept communications in the French language.
Pursuant to Article 60 and Article 55, paragraph 1 of the Convention, the Government of Malta reserves:
a) the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory;
b) the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by its authorities in relation to that property.
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 judgements. 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 Malta by application of the relevant internal rules of Community law.
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.