Hague Convention (Austria and Malta Accession)

Friday 13th September 2013 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

The Government have decided to opt in to the proposed Council decision authorising Austria and Malta to accede to the 1965 Hague convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters.

The convention is designed to provide a simple, speedy and cost-effective process for the transmission of legal documents between the courts and individuals of contracting member states to the convention. It brings greater legal certainty, and improves protection for the interests of defendants involved in international civil or commercial litigation. While the accession of Austria and Malta will have no direct effect on the United Kingdom as service of documents within the EU is governed by an EU regulation, the Government welcome the accession of Austria and Malta to the convention and notes the benefits this will bring to the Crown dependencies and overseas territories who are also parties to this convention.

Although not anticipated in the proposal, the Government believe that the UK opt in under the protocol to title V of the treaty on the functioning of the European Union applies and it has therefore asserted its right to choose whether to opt in; they have decided it is in the UK’s best interests to do so. The Government have taken this decision notwithstanding the fact that they dispute the Commission’s claim to “exclusive” competence.



The Government believe that the wider significance of these proposals for external competence mean that it is in the UK’s interests to participate fully in future negotiations on this proposal, including having the ability to vote.