Declaraciones
Reservas
Artículos: 23,26,34,52,55
Declarations / Reservations:
27-07-2010
I - Declarations
1) requests under Article 34 par. 1 shall be communicated only through the Ministry of Justice (Article 34 par. 2),
2) 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 Republic of Poland by application of the relevant internal rules of Community law.
II - Reservations
The Republic of Poland
1) reserves the jurisdiction of its authorities in order to take measures directed to the protection of immovable property of a child situated in the territory of the Republic of Poland (Article 55 par. 1 sub-par. a),
2) reserves the right not to recognise any parental responsibility or measure in so far as it is incompatible with any measure taken by the Polish authorities in relation to immovable property of a child situated in the territory of the Republic of Poland (Article 55 par. 1 sub-par. b).
07-04-2011
The Republic of Poland declares pursuant to Article 52 paragraph 1 that the rules on applicable law of this Convention shall take precedence over the rules of the Convention between Poland and Austria on mutual relations in civil matters and on documents signed at Vienna on 11 december 1963 as modified by the protocol signed at Vienna on 25 January 1973.
18-05-2011
The Republic of Poland 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 Polish People's Republic and the Czechoslovak Socialist Republic on Legal Aid and Settlement of Legal Relations in Civil, Family, Labour and Criminal Matters, signed at Warsaw on 21 December 1987.
08-07-2011
The Republic of Poland declares, pursuant to Article 52, paragraph 1 of the Convention, that de rules on applicable law of this Convention shall take precedence over the rules of the Convention between the People's Republic of Poland and the French Republic on Applicable Law, Jurisdiction and the Enforcement of Judgments in the Field of Personal and Family Law, concluded in Warsaw on 5 April 1967.
24-05-2012
The Republic of Poland 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 Agreement between the Republic of Poland and the Republic of Latvia on Legal Assistance and Legal Relationships in Civil, Family, Labour and Criminal Matters, signed at Riga on 23 February 1994.
12-07-2012
The Republic of Poland 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 Agreement between the Republic of Poland and the Republic of Estonia on Legal Assistance and Legal Relatonships in Civil, Family, Labour and Criminal Matters, signed at Tallin on 27 November 1998.
29-04-2021
The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on civil procedure (1954), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the recognition and enforcement of decisions relating to maintenance obligations (1973), the Convention on the civil aspects of international child abduction (1980) and the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996) and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.
In relation to the Declarations made by the Russian Federation, the Republic of Poland declares, in accordance with the duty of non-recognition as lawful a situation created by a serious breach by State of an obligation arising under a peremptory norm of general international law and in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.
As regards the territorial scope of the above Conventions, the Republic of Poland therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.
The Republic of Poland further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol as well as certain districts of the Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.
As a consequence of the above, the Republic of Poland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine for the purposes of the application and implementation of the conventions.
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.