EU Regulation 2016/1191 of the European Parliament and Council of 6th July 2016 is designed to simplify the requirements when filing public documents regarding the movement of European Citizens within the European Union.
It also aims to simplify administrative requirements regarding the filing and validity of public documents issued by one Member State in other States of the European Union.
The Regulation applies to documents issued by the authorities of one State, in accordance with its laws, which must be filed before the authorities of another Member State, and which may establish facts relative to persons, such as personal data, marital status, parentage, nationality, domicile, residence, marriage or criminal records. On the other hand, it shall not be applicable to public documents issued by third countries or certified copies regarding information on births issued by a Member State.
The concept “Public Document” encompasses: administrative documents, emerging from an authority or official of jurisdictional bodies, as well as notarial deeds, official certificates placed on original documents and documents issued by diplomatic or consular officers of Member States.
When a Member State requires the submission of a public document by the authorities of another Member State, the Member State where the document should be submitted may not also request that a certified copy thereof is also submitted.
Translations shall not be required in cases where the public document is drafted in one of the official languages of the Member States where the document is submitted; neither shall it be necessary when dealing with a public document concerning birth, life, death or marriage, marital status, residence, criminal records, provided that it is accompanied by a multilingual standard form, as stipulated by the Regulation. Likewise, translation shall not be necessary when it comes to a sworn translation by a person authorised as such according to the law of a Member State.
In the case of reasonable doubt regarding the authenticity of the submitted public document, for example, regarding the authenticity of the signature, the capacity in which the signatory of the document acts, the identity of the stamp or seal or a possible falsification or alteration, the Regulation establishes a consultation procedure to the central authority designated by each Member State, which must respond within a deadline of no more than 5 working days. If it is not possible to prove the authenticity of the documents, the authorities shall not be obliged to process them.
Except for a few specific matters, the Regulation shall be applicable as from 16th February 2017.
Eduardo Vilá
Vilá Abogados
For more information, please contact:
9th September 2016
