Regulation (EU) 2016/1191 Simplifies the Presentation of Public Documents Between Member States
Apostille of documents in the European Union
As of February 2019, the European Union has taken an important step towards simplifying the lives of its citizens by promoting the free movement of various public documents between member states. Regulation (EU) 2016/1191 of the European Parliament and of the Council brought about significant changes that eliminate the need to apostille documents in the European Union, and other formalities that were previously required for the presentation of certain public documents in different countries of the Union.
The Free Circulation of Public Documents
Before Regulation (EU) 2016/1191 came into force, citizens who needed to present certain public documents in another EU member state faced a lengthy and sometimes expensive bureaucratic process. For a document issued in Portugal, for example, to be valid in Spain, it had to be apostilled, a procedure that involved additional costs and time.
With the new regulation, this requirement has been eliminated, allowing certain public documents issued in one Member State to be presented directly in another Member State, without the need for apostille. This represents a significant step forward in promoting the free movement of people within the European Union, simplifying the lives of citizens and reducing bureaucracy.
Which Documents are Exempt from Apostille?
The regulation covers a wide range of public documents, including birth, marriage and death certificates. These documents, when issued by an authority in one Member State, can be presented to an authority in another Member State without the need for apostille, as long as they are accompanied by a multilingual form, or are translated.
For example, a marriage certificate issued in Portugal can be presented in Germany without the need for apostille or a certified translation (although a certified translation can always be done if the citizen prefers), as long as there is a multilingual form for that specific document and it is supplied with the document. This form, which is optional, makes it easier for authorities in different countries to understand and accept the document, eliminating linguistic and legal barriers.
Simplification of Translation Formalities and Authenticated Copies
As well as removing the apostille requirement, the regulation also simplifies other formalities. Public documents that are presented in another EU member state no longer need to be accompanied by certified copies or certified translations, as long as the competent authority in the state of presentation considers this to be sufficient.
The introduction of multilingual forms, which can be attached to public documents, is one of the main innovations of the regulation. These forms are standardized and available in all the official languages of the European Union, facilitating communication between authorities and avoiding, in most cases, the need for costly and complex translations.
Final considerations
Regulation (EU) 2016/1191 represents a milestone in the simplification of administrative formalities within the European Union, promoting the free movement of citizens and facilitating interaction between different national legal systems. For European citizens, this means less bureaucracy, lower costs and easier dealings with authorities in other EU countries.
It is important that citizens and companies are aware of these changes so that they can take full advantage of the facilities offered by the regulation. In this way, the European Union continues to strengthen integration and cooperation between its member states, ensuring that the rights of its citizens are respected and promoted across the continent.
This advance not only simplifies processes but also reflects the European Union's commitment to guaranteeing the mobility and rights of its citizens. It's a positive change that will undoubtedly continue to impact the lives of millions of Europeans in the years to come.
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