Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for submitting certain public documents in the European Union and amending Regulation (EU) No 1024/2012
What the above the regulation applies to?
Regulation of the European Parliament and of the Council (2016/1191) applies from February 16, 2019. With regard to certain public documents issued by the authorities of a Member State, which must be submitted to the authorities of another Member State, the regulation provides for exemption from legalization or other activity and simplifying other formalities.
What documents does it apply to?
Official documents are in the meaning of the above-mentioned Regulations: documents from a judicial authority, administrative documents, notarial deeds, official certificates affixed to documents signed by persons acting in a private capacity (e.g. confirmation of registration of a document or the fact of its existence on a certain date), official and notarial certification of signatures, documents drawn up by diplomatic agents or consular officials.
The Regulation applies to public documents issued by the authorities of a Member State in accordance with its national law, the main purpose of which is to establish one or more of the following facts:
- birth (e.g. birth certificate);
- the person's survival;
- death (e.g. death certificate);
- name and surname;
- marriage, including capacity to marry and marital status (e.g. marriage certificate);
- divorce, legal separation or marriage annulment (e.g. divorce decree);
- registered partnership, including capacity to enter into a registered partnership and registered partnership status;
- dissolution of the partnership, legal separation or annulment of the registered partnership;
- the origin of the child;
- place of residence or residence;
- no record of criminal record, provided that official documents to that effect are issued to the Union citizen by the authorities of the Member State of which he is a national.
- reside in a Member State of which they are not nationals, if they wish to vote or stand as candidates in elections to the European Parliament or in municipal elections in the Member State where they reside.
What documents does it not apply to?
The Regulation does not apply to public documents issued by the authorities of a third country and certified copies of these documents made by the authorities of a Member State. Thus, these are documents that have not been issued by the authorities of the Member States, even if those authorities have certified them to be true.
What effect does this regulation have?
Public documents covered by this Regulation and certified true copies thereof shall be exempt from any form of legalization and similar operation.
The Regulation does not affect the application of international conventions to which one or more Member States are parties at the time of adoption of this Regulation and which cover matters covered by this Regulation, but shall take precedence over other provisions of bilateral or multilateral agreements or arrangements concluded by Member States, in relations between Member States which are parties thereto.