Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 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 was published on 26.07.2016, with the goal of fostering the free movement of people within the Union by creating a system to additionally simplify the existing administrative formal requirements for the movement of certain public documents and their certified copies within the EU.
Public documents and their certified copies issued by a Member State fall within the scope of the Regulation if they establish the following facts: birth; a person being alive; death; name; marriage, including 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; adoption; domicile and/or residence; nationality; absence of a criminal record, provided that public documents concerning this fact are issued for a citizen of the Union by the authorities of that citizen’s Member State of nationality. Thus, the Regulation applies to all civil status acts, as well as criminal records certificates. It must be noted that documents issued by private entities are not affected by the new rules.
The aforementioned documents and their certified copies are exempt from all forms of legalisation and similar formality (in particular – consular certification and affixation of apostille). The Regulation employs these provisions to minimize administrative and financial burden on the Union citizens related to ensuring conformity with the requirements of the Member State in whose territory the documents will be used.
Regardless, citizens still must present certified translations of the documents. The Regulation introduces the institute of the “multilingual standard form” which closely resembles the multilingual extract from civil status records pursuant to the Convention on the Issue of Multilingual Extracts from Civil Status Records (in force for the Republic of Bulgaria since 18.12.2013) – which acts as a translation if it has been done in the official language of the state in which it is to be presented. Additionally, the Regulation obliges Member States to accept all certified translations regardless of the Member State in which the translation was done. This obligation addresses the long-standing practice of a number of Member States to only accept translations done and certified on their own territory.
The scope of the Regulation overlaps to a certain extent with the scope of the so-called Apostille Convention, as well as the established Mutual legal assistance treaties between Member States. On that note, Union citizens can still take advantage of the existing regimes for simplification or removal of legalization (including by affixation of apostille) if they so choose. In relation to matters to which it applies and to the extent provided for therein, the Regulation prevails over other provisions contained in bilateral or multilateral agreements or arrangements concluded by the Member States in the relations between the Member States party thereto.
By 16 February 2021, the Commission shall submit an assessment report on the potential extension of the scope of this Regulation to public documents relating to the legal status and representation of a company or other undertaking; diplomas, certificates and other evidence of formal qualifications; and public documents attesting an officially recognised disability; which would ease investment and management of companies on the territory of other Member States.
The Regulation applies from 16.02.2019 and its provisions should alleviate the relocation of Union citizens to other Member States by easing the residence permit procedure which often requires civil status acts; as well as other procedures related to personal matters. At Obretenovi Law Firm we can both consult you on the formal requirements for foreign documents to be used in the Republic of Bulgaria, as well as to offer you complex legal services related to your labour or investment migration plans. Please do not hesitate to reach us at office@codilex.eu.