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HCCH Working Group on the Authentication of Documents Generated by Supranational and Intergovernmental Organisations

A meeting of the Working Group on the Authentication of Documents Generated by Supranational and Intergovernmental Organisations took place on 1 December 2017 and its Report has just been made available on the Hague Conference (HCCH) website (click here). This is both the first and the last meeting of the Working Group.

A couple of Information Documents were drawn up for the meeting, in particular a summary of proposals for consideration and a comparative summary of documents generated by supranational and intergovernmental organisations and their authentication practices. As is evident from the findings of the latter, it would appear that some documents generated by intellectual property organisations (such as patents, trademarks and designs) may experience difficulties when it comes to authentication. However, this does not mean that these are the only documents generated by supranational and intergovernmental organisations that may need to be authenticated and the Report is thus drafted in general terms.

The Report indicates:

“Having reviewed the different practices across Contracting Parties with respect to authenticating documents generated by supranational and intergovernmental organisations in their territory, the Group recommended the following options, if and when a need to authenticate such documents for use in another Contracting Party arises:

  1. the relevant Competent Authority of the host State, in possession of the required sample signatures and seals of the officials that issue such documents for the organisation in question, may directly apostillise the documents;

  2. a notary of the host State may first authenticate the document or a copy of the document and this notarial authentication is subsequently apostillised by the relevant Competent Authority;

  3. a government office or authority may be designated by the host State, and which holds the required sample signatures and seals of the officials that execute such documents for the organisation in question, to act as an intermediary for the purposes of authenticating such documents and this authentication is subsequently apostillised by the relevant Competent Authority.”

125th Anniversary of the Hague Conference (HCCH)

On the initiative of Tobias Asser, the First Diplomatic Session of the Hague Conference on Private International Law (HCCH) was convoked on 12 September 1893. In 2018, the HCCH is celebrating this joyous occasion with several events throughout the year.

On the anniversary date, 12 September 2018, the official ceremony will take place in The Hague. The event will feature selected speeches as well as an official photo opportunity and will be followed by a reception.

On 18-20 April 2018, the global conference “The HCCH 125 – Ways Forward: Challenges and Opportunities in an Increasingly Connected World” will be held in Hong Kong SAR. This event will gather leading experts to discuss the opportunities for, and challenges to, private international law.
On 10 September 2018, the Embassy of Hungary in The Hague will host a half-day colloquium to discuss the determinant role and impact of the HCCH’s work, and its instruments, on national private international law legislation.

In October/November 2018, the Embassy of Austria in The Hague plans to organise a discussion event relating to the work of the HCCH and its relationship with the EU, as part of Austria’s Presidency of the Council of the European Union.

Please follow the Facebook page HCCH 125 to receive updates on the events to be held in relation to the anniversary.

New Research Positions at the MPI Luxembourg

The Max Planck Institute Luxembourg is currently recruiting new members for its team. Two  positions are open, one for a Research Fellow (PhD candidate) for the Department of European and Comparative Procedural Law, and one for a Senior Research Fellow for the same Department. In both cases the offer is for a fixed-term contract for at least 18 month – contract extension is possible.

Applications are to be made on line until 15th December 2017. Details of the offer and documents required are indicated there as well.

Task

For a period of at least 18 months, the Research Fellow/Senior Research Fellow will conduct legal research and cooperate at the Max Planck Institute Luxembourg within the project ‘Informed Choices in Cross-Border Enforcement’ which aims at analyzing the application of the 2nd generation Regulations (the EEO, the EPO, the ESCP and the EAPO) by European Courts, in order to determine why these instruments have so far failed to realize their full potential, and how to improve such situation.

The successful candidate will be in charge of compiling data in terms of the case law of the European Court of Justice but also the French and Luxemburgish courts regarding the application of the following EU regulations:

– EEO, Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (European Enforcement Order)
– EPO, Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure
– ESCP, Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure
– EAPO, Regulation 655/2014 establishing a European Account Preservation Order procedure (“EAPO”) establishes a new uniform European procedure for the preserving of bank accounts,
– Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure

Additionally, the Research Fellow is expected to assist in the achievement of the objectives of the Project, namely by interviewing relevant stakeholders (judges, lawyers etc.) on the same instruments. Furthermore he/she will assist in all project related activities such as uploading data to the pertinent data base, drafting minutes of meetings, contributing to interim and final reports as well as to the final book, helping in the organization of conferences and the communication with the partners.

Profile- Research Fellow

Regarding the Research fellow, the Institute is looking for a highly motivated candidate who would be interested in writing a PhD thesis under the supervision of Prof. Dr. dres Hess leading the Department of European and Comparative Procedural Law (or in a co-tutelle) in a topic connected to the project. For the purposes of the project she /he would work under the instructions of senior research fellow Prof. Dr. Marta Requejo Isidro.

Applicants must have earned a degree in law and be PhD candidates working or intending to work on a thesis related to the project’s topic or, alternatively, on a topic falling within the scope of European Procedural Law in civil and commercial matters . According to the academic grades already received, candidates must rank within the top 10 %.

The successful candidate shall demonstrate a strong interest and aptitude for legal research and have a high potential to develop excellence in academic research. Prior publications in this field of the law shall be highly regarded in the selection process.

Full proficiency in English and French is compulsory (written and oral).

Profile- Senior Research Fellow

The Institute is looking for a highly motivated candidate who would join the Department of European and Comparative Procedural Law led by Prof. Dr. dres Hess and composed by a team of five senior research fellows and 15 research fellows. For the purposes of the project she /he would work under the instructions of senior research fellow Prof. Dr. Marta Requejo Isidro.

Applicants must have earned a degree in law and hold a PhD degree by the time the join the MPI, preferably in a subject matter related to the project’s topic or, alternatively, in a topic falling within the scope of European Procedural Law in civil and commercial matters.

The successful candidate shall posses a strong interest and aptitude for legal research and have a high potential to develop excellence in academic research.

Her/his CV must portray a consolidated background in EU private international and procedural law in civil and commercial matters: prior publications in this field of the law shall be highly regarded in the selection process.

Full proficiency in English and French is compulsory (written and oral).