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Making things with love in Berlin

50 Aniversario del Título Preliminar del Código Civil

La Real Academia de Ciencias Morales y Políticas en colaboración con la Real Academia de Jurisprudencia y Legislación celebran la sesión conmemorativa del 50 Aniversario del Título Preliminar del Código Civil. El acto tendrá lugar el próximo jueves 25 de abril, a las...

De nuevo sobre el certificado sucesorio europeo

Pese a los años transcurridos desde la aprobación del Reglamento (UE) nº 650/2012 y su entrada en vigor (2012 y 2015 para la plena aplicación) la práctica del Certificado sucesorio europeo sigue presentando muchas dudas entre intérpretes y aplicadores de la norma...

Interpretación por el TJUE de las notificaciones extrajudiciales

Las notificaciones internaciones suponen un aspecto muy relevante de la cooperación jurídica en materia civil y mercantil.  En el ámbito europeo la jurisprudencia está referida  aún, en gran parte, al R. (CE) 1393/ 2007, en interpretación que ha recogido la norma hoy...

Algunos principios para el Derecho digital europeo

El Derecho digital, en cuanto tal, no tiene carta de naturaleza, por lo que aún es más difícil inducir de los instrumentos europeos con los que contamos hoy, valores o normas de conducta, que sean susceptibles de ser considerados principios generales en una supuesta...

The unnecessary documentary legalization in R. (EU) 2016/1191.
Apr 15, 2019

THE UNNECESSARY LEGALISATION OF DOCUMENTS IN R. (EU) 2016/1191

Regulation (EU) 2016/1191 facilitating the free movement of citizens by simplifying the requirements for the submission of certain public documents in the European Union and amending Regulation (EU) No.1024/2012 (IMI) is applicable throughout the European Union except Denmark from 16 February 2019. Both the United Kingdom and Ireland have notified their participation and both have made the notifications provided for in Chapter VI of the IMI Regulation. In any case, the Regulation safeguards the relationship of Member States with third countries within the framework of the Hague Convention of 5 October 1961. This is an instrument of great practical significance which has perhaps not been given adequate visibility. The Regulation exempts, but does not prohibit, the apostille for documents falling within its scope. Likewise, in the cases communicated by each Member State, it excludes the need for official translation by using the multilingual forms annexed to the Regulation. These can be requested from the certifying authority, which is obliged to sign them. After intensive negotiation, the Regulation is extended to documents issued by an authority of a Member State whose priority purpose is to establish one of the following facts: birth; that a person is alive; death; name; marriage, including capacity to marry and marital status; divorce, legal separation and marriage; registered partnership, including capacity to register as a member of a registered partnership and membership of a registered partnership; deregistration, legal separation or annulment of a registered partnership; parentage; adoption; domicile or residence; nationality and absence of a criminal record, provided that public documents in this respect are issued to a citizen of the European Union by the authorities of the Member State of which he or she is a national. The Regulation therefore covers three types of documents. Those relating to marital status, those relating to registered partnerships and administrative documents - added in trilogues by the European Parliament - relating to residence or domicile (which does not prejudge) in certain electoral appointments and the absence of a criminal record. Certificates concerning representation of companies and property titles were finally excluded from the scope of the Regulation, but not forgotten. By 16 February 2021 at the latest, the scope of cases will be assessed, and by 16 February 2024 at the latest, the extension of the scope of application to public documents relating to the legal personality and representation of a company or other undertaking will be assessed. This topic intersects with the forthcoming directive on the digitalisation of companies, which provides for the interconnection of commercial registers and the publication of information on the existence of limited liability companies and their directors, which is, in principle, purely for information purposes. In the future, diplomas, certificates or other diplomas accrediting formal qualifications, and public documents accrediting an officially recognised disability will be added, this last issue once again contributed by the European Parliament, a champion of the inclusion of European Union action in all aspects that facilitate international mobility for people with disabilities, as in the case of the action in the Hague Convention of 2000, although not yet reflected in the active initiatives of the European institutions. Overall, the notable difficulty of certifying the above-mentioned aspects of registered partnerships in Spain by a public authority stands out. In addition to the chaotic situation of unmarried couples in our country, this is a concept that has not been coined by the state legislator, even though Spain has signed the Munich Convention (ICCS) of 1977 on the recognition of unmarried couples, which is not in force. The relationship of this instrumental Regulation with the R. (EU) 2016/1104, on unmarried registered couples, and especially with its Article 28, which establishes civil effects against third parties in relation to the applicable law, should undoubtedly lead to the registration of these couples in the Civil Registry, standardising their effectiveness in Spain. On the other hand, the procedure established by the Regulation is based on verification of the public document presented. Thus, when the authority of a Member State in which a public document or certified copy thereof is presented has reasonable doubts about the authenticity of the public document or certified copy, it may, in accordance with Article 14, check the available models of the documents in the IMI repository (Internal Market Information Service) and, if this doubt persists, make a request for information through IMI itself, either to the issuing authority or to the Central Authority. The standardised templates and relevant information can be checked at http://ec.europa.eu/internal_market/imi-net/index_es.htm  y https://e-justice.europa.eu/content_public_documents-561-es.do

Spain has notified that the Central Authority responsible for verifying documents issued by Spanish authorities, therefore exempt from apostille, whether judicial, administrative, consular or notarial, is the Directorate General for Registers and Notaries, which has established the necessary protocol for responding to enquiries from the authorities of other Member States, made through the internal market information system.

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