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Convention on international access to justice

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Albania Yes No
Brazil Yes No
Bulgaria Yes No
Costa Rica Yes No
Cyprus Yes No
Estonia Yes No
France Yes No
Latvia Yes No
Lithuania Yes No
Luxembourg Yes No
Malta Yes No
Montenegro Yes No
Morocco Yes No
Netherlands, the Kingdom of the Yes No
North Macedonia Yes Yes
Romania Yes No
Serbia Yes No
Slovakia Yes No
Spain Yes No
Sweden Yes No
Switzerland Yes No

Albania

15-10-2007

Under Article 28 of this Convention, the Republic of Albania submits the following reservations:
a) In compliance with the first paragraph of Article 28 of this Convention, in the absence of applying reciprocity with the state, whose citizen the seeker of juridical assistance is, the Republic of Albania reserves the right to exclude the execution of Article 1 of the Convention for the persons, who are not citizens of a Contracting State, but who are however usual residents in a state that is Party to the Convention, different from the state making the reservation, or who used to be usual residents in the state making this reservation.
b) In compliance with Articles 7 and 28, second paragraph, point "a" of this Convention, the Republic of Albania takes into consideration only the applications compiled in Albanian, or accompanied with a translation in the Albanian language.
c) The second paragraph of the Article 13 of the Convention does not apply to the citizens of those states, which have shown reservations, in compliance with item "b" of Article 28 of the Convention and to the persons having a usual residence in these states.
d) The provision in Chapter II of the Convention do not apply to the citizens of the states, which have submitted reservations, in compliance with item "c" of Article 28 of the Convention and to the persons having a usual residence in these states.

Brazil

15-11-2011

[...] under the reservation referred to in item a of the second paragraph of Article 28, pursuant to the second paragraph of Article 7 of the Convention.
[...] the Government of the Federative Republic of Brazil declares that, in accordance with Articles 24 and 29 of the Convention, the Federative Republic of Brazil reserves the right to stipulate that forms and documents to be sent to the Brazilian authorities must be accompanied by translations into Portuguese.

Bulgaria

23-11-1999

Reservation on Article 28, paragraph 2, sub-paragraph a:
The Republic of Bulgaria excludes the use of the English and French languages in the cases of Article 7, paragraph 2.

Costa Rica

16-03-2016

The Government of the Republic of Costa Rica, in accordance with Article 28 of the Convention on International Access to Justice, excludes the application of Article 20.

Cyprus

27-07-2000

1) The Republic of Cyprus reserves the right to exclude the application of paragraph 2 of Article 13 as regards the grant of legal aid without examination of the circumstances of the person seeking endorsement or recognition of a judgment.
2) The Republic of Cyprus reserves the right to exclude the application of Chapter II as regards the non-requirement for security for costs for persons who are habitually resident in a Contracting State and who are plaintiffs or parties in proceedings in another Contracting State.
[...] The Republic of Cyprus declares that the documents sent to its Central Authority may be drawn up or translated in Greek (Article 24).

Estonia

02-02-1996

[...] that pursuant to Article 16 of the Convention the Estonian Republic will not accept applications submitted directly.

France

25-10-1980

In accordance with Article 28, first paragraph, France reserves the right, if there is no reciprocity of treatment between it and the State of which the applicant for legal aid is a national to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State and in the case of persons who formerly had their habitual residence in France.

22-12-1982

Pursuant to the provisions of Article 28, paragraph 1, France reserves the right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than the reserving State or formerly had their habitual residence in the reserving State, if there is no reciprocity of treatment between the reserving State and the State of which the applicants for legal aid are nationals.
In accordance with the provisions of Article 28, paragraph 2a, and pursuant to Article 7, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into that language.
In accordance with the provisions of Article 33, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.

Latvia

20-12-1999

In accordance with paragraph 2 a) of Article 28 of the Convention on International Access to Justice of 1980, the Republic of Latvia reserves the right to exclude the use of the French language under paragraph 2 of Article 7.

Lithuania

04-08-2000

[...] and whereas it is provided in Article 16 of the said Convention, the Republic of Lithuania will not accept applications made directly;
and whereas it is provided in Articles 7 and 17 of the said Convention, the Republic of Lithuania declares that it will accept applications for legal aid submitted only in the Lithuanian, English, French or Russian languages, or, where the application is made in none of those languages, the application for legal aid and supporting documents shall be accompanied by a translation into Lithuanian, English, French or Russian languages [...]

Luxembourg

06-02-2003

a) The Grand Duchy of Luxembourg reserves the right to exclude the application of Article 1 to foreign nationals who are not nationals of a Contracting State and whose habitual residence is not in Luxembourg, if there are no reciprocal arrangements between Luxembourg and the State of which the applicant for legal aid is a national.
The present reservation does not apply to foreign nationals whose access to legal aid is expressly recognised by law.
b) The Grand Duchy of Luxembourg shall not apply the second paragraph of Article 13 to nationals of a State that has entered the reservation provided for in Article 28 (b) of the Convention and where necessary to persons whose habitual residence is in that State.
c) The Grand Duchy of Luxembourg shall not apply the provisions of Chapter II to nationals of a State that has entered the reservation provided for in Article 28 (c) of the Convention and where necessary to persons whose habitual residence is in that State.

Malta

24-02-2011

Pursuant to Article 28 of the Convention, the Government of Malta declares, that it excludes the application of Article 1 of the said Convention in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than Malta or formerly had their habitual residence in Malta, if there is no reciprocity of treatment between Malta and the State of which the applicants for legal aid are nationals.

Montenegro

01-03-2007

[...] the Government of the Republic of Montenegro succeeds to the [Convention on international access to justice, concluded at The Hague on 25 October 1980], and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon the Republic of Montenegro assumed responsibility for its international relations.

Morocco

16-09-1981

The Kingdom of Morocco declares that applications for legal aid and applications for rendering enforceable orders for payment of costs and expenses shall be in Arabic.
The Kingdom of Morocco reserves the right to exclude the application of Article 1 of the Convention in the case of persons who are not nationals of a Contracting State but who are habitually resident in a Contracting State other than the reserving State or were formerly habitually resident in a reserving State, if there is no reciprocity of treatment between the reserving State and the State of which the applicants for legal aid are nationals.
The Kingdom of Morocco reserves the right to exclude the application of Article 13, paragraph 2, of the Convention. Where a person has received legal aid for proceedings in a Contracting State and the decision has been given in those proceedings, he is not entitled ipso facto to legal aid in Morocco if he seeks to secure the recognition or enforcement of that decision there. A new application must be made and normal procedure followed.
The Kingdom of Morocco reserves the right to exclude the application of Article 20 of the Convention without prejudice to any bilateral Convention concluded by Morocco which contains provisions to the contrary.

Netherlands, the Kingdom of the

02-03-1992

Article 13, paragraph 2, shall not apply to the Kingdom in Europe.
Documents sent to the Central Authority of the Kingdom in Europe may, apart from the languages referred to in the articles 7 and 17 of the Convention, also be drawn up in German or translated into German.

North Macedonia

23-09-1993

The former Yugoslav Republic of Macedonia maintains the declarations made by the Yugoslav Republic.

Objection Greece, 30-11-1993

As regards the notification of 1st October 1993 of the Ministry of Foreign Affairs of The Kingdom of [the] Netherlands and the proposed continuity by the Former Yugoslav Republic of Macedonia in respect to the conventions to which the Socialist Federal Republic of Yugoslavia was a party we would like to bring to your attention the following:
- Participation of the Former Yugoslav Republic of Macedonia to the conventions mentioned in the above notification does not amount to recognition of the Former Yugoslav Republic of Macedonia on behalf of Greece.
- Those of the above conventions which are binding upon Greece remain without effect as between the latter and the Former Yugoslav Republic of Macedonia.

Romania

21-08-2003

In accordance with Article 28, paragraph 1 of the Convention, Romania reserves its right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or who formerly had their habitual residence in Romania, if there is no reciprocity of treatment with the State of which the applicants for legal aid are nationals.

Serbia

05-02-2003

[...] that, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia on February 4, 2003, as previously adopted by the National Assembly of the Republic of Serbia on 27 January 2003 and by the Assembly of the Republic of Montenegro on 29 January 2003, the name of the State of the Federal Republic of Yugoslavia has been changed to "Serbia and Montenegro".

09-06-2006

[...] following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.

Slovakia

11-03-2003

The Slovak Republic in accordance with Article 28, first paragraph, reserves the right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or in the case of persons who formerly had their habitual residence in the Slovak Republic, if there is no reciprocity of treatment between the Slovak Republic and the State of which the applicant for legal aid is a national.

Spain

08-02-1988

In connection with Article 5, Spain declares that it will be possible to submit applications by consular way.

Sweden

15-01-1987

1. Legal aid referred to in Article 13 second paragraph will not be available in Sweden (Article 28 second paragraph b).
2. Documents sent to the Central Authority may be drawn up in or translated to the Danish or Norwegian language (Article 24).

Switzerland

28-10-1994

[...]
3. In accordance with article 29, paragraph 2, Switzerland declares with regard to articles 5 and 9 that the receiving Central Authority in Switzerland will also accept applications forwarded to it directly by post or through a diplomatic or consular mission.
4. In accordance with articles 28 and 29, Switzerland declares with regard to articles 7, 24 and 25 that applications for legal aid and any accompanying documents must be drawn up in the language of the requested authority, that is in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the application is to be implemented. Documents drawn up in a language other than that of the requested authority or accompanied by a translation in a different language may be refused even if translation into the language of the requested authority is difficult in the requesting State.
5. In accordance with article 29, Switzerland declares with regard to articles 17 (1), 24 and 25 that an application for rendering enforceable an order for payment of costs and expenses and any accompanying documents must be drawn up in the language of the requested authority, that is in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the application is to be implemented.

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