Apostille stamp-no longer needed in some cases

The apostille stamp is a legalisation or validation certificate required in many cases when presenting documents in another country.

When dealing with an inheritance (Probate, death/birth certificate) or when a power of attorney is required, for example, you might need to get the apostille on your documents.

However, the law changed and within the European Union, the apostille is no longer necessary in some cases for public documents.

Here you have a link to the EU EU apostille information and regulations.

You can read the information posted on the EU web e-justice.europa.eu here too:

 

“Citizens living in an EU country other than their own often need to present a public document to the authorities of the EU country where they live. Such public documents can be, for example, a birth certificate to get married, or a certificate on the absence of a criminal record to get a job.

The Regulation on Public Documents (Regulation 2016/1191), which applies from 16 February 2019, aims at cutting red tape and costs for citizens when they need to present in an EU country a public document issued in another EU country.

Prior to the Regulation, citizens that needed to present a public document in another EU country had to obtain an authenticity stamp (the so-called apostille) to prove that their public document was authentic. Citizens were often also required to present a certified copy and a translation of their public document.

The Regulation puts an end to a number of bureaucratic procedures:

  • Public documents (for example, a birth certificate, a marriage notarial act, a judgment) and their certified copies issued by the authorities of an EU country must be accepted as authentic by the authorities of another EU country without the need of an authenticity stamp (i.e. the apostille);
  • The Regulation abolishes the obligation for citizens to provide at the same time both an original public document and its certified copy. Where an EU country permits the presentation of a certified copy of a public document instead of the original, the authorities of that EU country must accept a certified copy made in the EU country where the public document was issued;
  • The Regulation abolishes the obligation for citizens to provide a translation of their public document. If the public document is not in one of the official languages of the EU country requesting the document, citizens can ask for a multilingual standard form, available in all EU languages, from the authorities of the EU country which issued the public document. This form can be attached to the public document to avoid translation requirements. When a citizen presents a public document together with a multilingual standard form, the receiving authority can only require a translation of the public document in exceptional circumstances. As not all multilingual standard forms are issued in all EU countries, citizens can check which forms are issued in their EU country here;
  • If the authorities of the receiving EU country require a certified translation of the public document presented by the citizen, they must accept a certified translation made in any EU country.

The Regulation deals with the authenticity of public documents but not with the recognition of their legal effects in another EU country. The recognition of the legal effects of a public document is still governed by the national law of the EU country where the citizen presents the document. However, in applying their national law, EU countries must respect European Union law, including the case law of the Court of Justice of the European Union, on the free movement of citizens within the European Union.

Public documents mean documents issued by a public authority, such as:

  • documents emanating from a court or a court official;
  • administrative documents;
  • notarial acts;
  • official certificates placed on private documents;
  • diplomatic and consular documents.

The Regulation covers public documents issued in the following areas:

  • birth
  • a person being alive
  • death
  • name
  • marriage, including the capacity to marry and marital status
  • divorce, legal separation or marriage annulment
  • registered partnership, including the capacity to enter into a registered partnership and registered partnership status
  • dissolution of a registered partnership, legal separation or annulment of a registered partnership
  • parenthood
  • adoption
  • domicile and/or residence
  • nationality
  • absence of a criminal record
  • the right to vote and stand as a candidate in municipal elections and elections to the European Parliament.

The multilingual standard forms to be attached as translation aids to public documents can be requested in the following areas:

  • birth
  • a person being alive
  • death
  • marriage, including capacity to marry and marital status
  • registered partnership, including the capacity to enter into a registered partnership and registered partnership status
  • domicile and/or residence
  • absence of a criminal record.”

This information has been copied from https://e-justice.europa.eu/content_public_documents-551–maximize-en.do just for information purposes.