Declaraciones
Reservas
Artículos: 34,52,54,55
Reservations:
12-12-2002
Pursuant to Article 45, paragraph 2, of the Convention (...), the Republic of Latvia declares that requests under Article 34, paragraph 1, shall be communicated to its authorities only through its Central Authority.
Pursuant to Article 60, paragraph 1, of the Convention (...), the Republic of Latvia objects to the use of French as provided for in Article 54, paragraph 2, of the Convention.
Pursuant to Article 60, paragraph 1, of the Convention (...), the Republic of Latvia reserves the jurisdiction of its authorities to take measures directed to the protection of property of a child situated on its territory as provided for in Article 55 of the Convention.
Declarations:
12-05-2009
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 Republic of Latvia by application of the relevant internal rules of Community law.
07-03-2012
In accordance with Article 52, paragraph 1 of the Convention (...), the Republic of Latvia declares that the provisions of this Convention on applicable law shall prevail over the provisions of the:
- Agreement of 23 February 1994 between the Republic of Latvia and the Republic of Poland on Legal Assistance and Legal Relations in Civil, Family, Labour and Criminal Matters;
- Agreement of 11 November 1992 between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania on Legal Assistance and Legal Relations.
04-04-2018
The Ministry of Foreign Affairs of the Republic of Latvia […] with reference to […] the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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 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) has to honour to convey the following.
The Government of the Republic of Latvia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions to the Autonomous Republic of Crimea and the city of Sevastopol 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 Latvia declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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 Latvia 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 Latvia further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and
not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.
As a consequence of the above, the Republic of Latvia 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 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 in Kiev for the purposes of the application and implementation of the convention.
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.