Hague Justice Conventions.pdf

The Special Commission on the practical operation of the Hague Service, Evidence, and Access to Justice Conventions met from 20 to 23 May 2014, attended by 130 participants from 53 States and 8 international organizations. The Commission unanimously approved Conclusions and Recommendations, including:
1. Reaffirming the importance of effective cross-border judicial cooperation and encouraging States to become party to the Conventions.
2. Encouraging Contracting States to publicize the Conclusions and Recommendations among users of the Conventions.
3. Recalling the requirement for Contracting States to designate a Central Authority for each Convention.
4. Noting the helpfulness of the Service and Evidence Sections of the Hague Conference website.
5. Acknowledging the importance of Practical Handbooks on the operation of the Service and Evidence Conventions.
6. Recommending that the Permanent Bureau identify ways to disseminate the Handbooks free of charge.
7. Encouraging States to translate the Handbooks into their languages.
8. Urging Contracting States to consider accepting accessions to the Evidence Convention.
9. Noting the need for timely execution of Letters of Request and better communication with Central Authorities.
10. Welcoming practices reported by Contracting States, such as prompt acknowledgement and response to enquiries.
11. Welcoming the use of electronic tools to check the status of requests.
12. Recalling the recommendation to use the Model Form and noting the development of Guidelines for Completing the Model Form.
13. Noting that Article 14(2) of the Evidence Convention confers a right to require reimbursement of certain costs.
14. Concluding that a Requested State may require reimbursement of fees and costs even if evidence is no longer sought.
15. Acknowledging that electronic payment facilitates reimbursement.
16. Recalling the exhaustive nature of the grounds for refusal set out in Articles 12(1) and 23 of the Evidence Convention.
17. Inviting Contracting States to provide information concerning acts that typically do not fall within the functions of the judiciary in their State.