Regulation (EU) 2016/1191 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012

Summary:

Regulation (EU) 2016/1191 - adopted by the European Union in July 2016 - aimed at promoting the free movement of citizens by abolishing a series of requirements related to the use of certain public documents across the European Union.

Further information:

This Regulation covers public documents including administrative documents, notarial acts, judgements and consular documents in certain areas, which include:

• Birth;
• Death;
• Name;
• Marriage, including the capacity to marry and marital status;
• Divorce, legal separation or marriage annulment;
• Registered partnership, including 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, including 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 Regulation aims at reducing red tape and costs for citizens when they present to the authorities of one European Union (EU) country a public document issued by the authorities of another Member State. It abolishes the apostille requirement and simplifies formalities with regard to certified copies and translations. The Regulation covers only the authenticity of the public documents and not the recognition of its contents of effects.

The proposal for this Regulation was published by the European Commission on 24 April 2013, following a consultation held beforehand. The European Parliament adopted a position concerning the draft law on 4 February 2014, followed by the Council of the European Union on 15 June 2015. Following a series of negotiations, an informal agreement between the institutions was reached on 13 October. It was formally endorsed by the Council on 10 March 2016 and by the Parliament on 9 June. The Regulation was published in the Official Journal on 26 July 2016 and entered into force on 16 February 2019.

• Primary Source

Commentary and Analysis

Library of the European Parliament: Briefing, June 2013: Free movement of public documents http://www.europarl.europa.eu/thinktank/en/document.html?reference=LDM_BRI(2013)130523

EPRS: Briefing, January 2014: Freedom of movement for EU public documents http://www.europarl.europa.eu/thinktank/en/document.html?reference=LDM_BRI(2014)140727

EPRS: Briefing, January 2014: Initial Appraisal of the Commission's Impact Assessment http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL-JOIN_NT(2014)514079

EPRS: At a Glance, June 2016: Easier acceptance of public documents http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2016)582006

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Official

EUR-Lex: COM(2013)228: Proposal for a Regulation on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the European Union and amending Regulation (EU) No 1024/2012 http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:228:FIN

EUR-Lex: SWD(2013)144: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:144:FIN

EUR-Lex: SWD(2013)145: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:145:FIN

European Commission: Press Release, 24.04.13: No more costly and bureaucratic stamps for public documents – European Commission acts to slash red tape in all Member States http://europa.eu/rapid/press-release_IP-13-355_en.htm

European Commission: FAQ: European Commission acts to slash red tape in all Member States http://europa.eu/rapid/press-release_MEMO-13-370_en.htm

European Commission: Speech from Viviane Reding on 'Cutting red tape for citizens and businesses', 24 April 2013 http://europa.eu/rapid/press-release_SPEECH-13-362_en.htm

European Parliament: Press Release, 04.02.14: Hassle-free movement: MEPs back plans to cut red tape for citizens and firms http://www.europarl.europa.eu/news/en/news-room/content/20140203IPR34506/

European Commission: Public Documents: European Parliament backs Commission proposal to slash red tape in the Member States, 4 February 2014 http://europa.eu/rapid/press-release_MEMO-14-76_en.htm

Council of the European Union: Press Release, 21.10.15: Free circulation of public documents: Council confirms the agreement found with EP https://www.consilium.europa.eu/en/press/press-releases/2015/10/21/free-circulation-public-documents/

European Parliament: Press Release, 12.11.15: Easy as ABC: Filing public documents in another EU country to be simplified http://www.europarl.europa.eu/news/en/news-room/content/20151110STO01877/

Council of the European Union: Press Release, 10.03.16: Free circulation of public documents: cutting red tape for citizens http://www.consilium.europa.eu/en/press/press-releases/2016/03/10-free-circulation-of-public-documents/

European Parliament: Press Release, 09.06.16: Moving abroad in the EU? MEPs vote new rules to ensure your papers are accepted http://www.europarl.europa.eu/news/en/press-room/20160603IPR30205/

European Commission: 09.06.16: Final adoption of new rules to cut red tape on citizens' public documents http://europa.eu/rapid/press-release_IP-16-2092_en.htm

EP: Legislative Train: Simplified acceptance of certain public documents - free movement http://www.europarl.europa.eu/legislative-train/theme-area-of-justice-and-fundamental-rights/file-simplified-acceptance-of-certain-public-documents-free-movement

European Parliament: Legislative Observatory: Procedure File for Proposal on Simplifying the requirements for presenting certain public documents in the EU http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2013/0119(COD)

European Commission: Press Release, 15.02.19: New EU rules cut red tape for citizens living or working in another Member State as of tomorrow http://europa.eu/rapid/press-release_IP-19-1148_en.htm

European Commission: Justice and Fundamental Rights: Public documents https://ec.europa.eu/info/policies/justice-and-fundamental-rights/civil-justice/family-law/civil-status-documents_en

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