In the context of the application of the fundamental freedom of “free movement of goods, services, persons, capital” within the Member States of the European Union, public documents issued in one EU Member State are often presented to the institutions of another Member State. Such documents were subject to the requirement of apostille verification. On 16^th February 2019, the European Union Regulation No. 2016/1191, which simplifies the submission of public document issued by an EU Member State in another EU Member State. This regulation has eliminated the administrative burden of producing apostille on submitted public document.

1. Scope of the Regulation

The regulation applies to authentic instruments and their certified depreciation in paper and electronic form, certifying in particular the following:

            • Personal status (birth, death, fact that the person is still alive),

            • Name,

            • Marital status (marriage, registered partnership, divorce, legal separation),

            • Parenting, adoption,

            • Location,

            • Nationality,

            • Integrity.

The Regulation applies when an authentic instrument containing the facts referred to above is issued by an EU Member State authority to its citizen.

The simplification is that there is no need for apostille as a form of authenticating an authentic instrument. The control of issued public documents intended for free circulation through the Internal Market Information System (IMI system) is introduced.

The Regulation does not guarantee the recognition of the legal effect of an authentic instrument issued in another Member State (e. g. the authority of the Slovak Republic recognize the authenticity of an authentic instrument for the conclusion of a registered partnership, but does not recognize its effect since the SR is not recognized by the SR).

2. Official translation obligation

The Regulation has also removed the obligation of official translation for selected types of authentic instrument if it is accompanied by a multilingual form containing the essential data of the authentic instrument.

Practical example:

The original extract from the Criminal Register of the Slovak Republic, which is translated to a body in Belgium

A/ If the person does not have an entry in register:

• apostille is not required
• translation is not required if the prosecutor's office attaches a multilingual standard form

B/ If the person has an entry in the register:

• He/she needs and apostille certified extract from the criminal record and an apostille