International Co-operation in Civil and Criminal Matters by David McClean

Author:David McClean
Language: eng
Format: epub
Publisher: Oxford University Press
Published: 2012-10-16T04:00:00+00:00

(a) Service of procedural documents and summonses

The Council of Europe Convention deals quite fully with the service of documents including witness summonses, and the position of those who do or do not respond to such a summons.64 The EU Convention contains the simple provision that each state is to send procedural documents intended for persons who are in the territory65 of another Member State to them directly by post.66 A less direct route, via the competent authorities of the requested state, may be used only if the address of the person for whom the document is intended is unknown or uncertain; or the law of the requesting state requires proof of service in a form which cannot be obtained by the use of postal service; or it has not been possible to serve the document by post; or the requesting state has ‘justified reasons’ for considering that dispatch by post will be ineffective or is inappropriate.67

There are some unusual and well-crafted provisions concerning information for the recipient. Where there is reason to believe that the addressee does not understand the language in which the document is drawn up, the document, or at least the important passages thereof, must be translated either into a language of the state in which the addressee is staying or another language which it is known the addressee understands.68 The addressee must also be sent a notice, translated if necessary, stating that he or she may obtain information from the authority by which the document was issued or from other authorities in that state regarding his or her rights and obligations concerning the document.69 Examples given in the Explanatory Report include information as to the consequences of a failure to comply with the document and the circumstances in which the person concerned may be assisted by a lawyer; in the case of a witness summons, there should be information as to the possibility of an advance to cover travel expenses and subsistence costs.

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