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Apostille on documents

Last activity 25 March 2019 by ValentinU

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ValentinU

Hi,

I have moved from Romania to Netherlands for job purpose. Everything went very good and simple.
When I was at the city municipality to register, I've had some of the documents (child birth certificate and marriage certificate, issued in 2015 and 2017, so the documents are very recent and in line with the current EU regulation) rejected for the reason that apostille was missing.  That was on 13/03/19.
I went home and tried to find the right info about how to get a way to get apostille on documents. only to find out that starting with 16/02/19, there is a new Regulation issued in EU that states that all the states in EU that issue documents, are not required to have apostiile on them when used in another EU state.
For me is quite impossible to travel back to Romania to have the documents with apostille, so I am hoping that this regulation have effect so I can submit the documents in the original form.
Any advice how can i solve this, since the municipality rejected said documents?

Thank you!

Cynic

Hi and welcome to the Forum.

You're correct that the EU did issue a regulation called the "Administrative cooperation: circulation of public documents" which does say what you said; however, it also says at the bottom:

European Commission website wrote:

Recognition depends on national law
The Regulation deals with the authenticity of public documents but not with the recognition of the contents and effects of such documents. Each EU country will thus continue to apply its own law regarding the content and effects of public documents from another EU country.

For example, a marriage certificate will be considered authentic in another EU country, but whether or not the receiving EU country recognises the marriage depends on the national law of that country.


So, in typical EU fashion, the regulation is worthless unless the specific country decides to adopt it.

Just in case and if it helps, this link will take you to the EC website that published what you said; there is a link at the bottom where you can download a copy of the actual regulation (in the different languages of all the EU countries).

Hope this helps.

Cynic
Expat Team

ValentinU

Hi Cynic,

Thank you for the reply.
Is there any way I can find if this Regulation applies in NL as well?
Normally, this info I have found it on the Dutch Gov. website, so automatically I assumed it has effect here since it was posted on the website.
https://www.netherlandsworldwide.nl/liv … -apostille
They actually reffer to this Regulation for exceptions

Cynic

The regulation is applicable in the Netherlands; it depends if they have implemented it yet.  I've asked for your link to be unlocked, I'll come back to you when that's been done.

Cynic

OK - I've just checked out your link; it doesn't help, although it refers to the regulation for other countries it doesn't tell us that Holland use it; short of speaking to a lawyer, I don't know what to advise, only that we have a Services section (top of the page) that has a Legal Services section, select that and you get another page; a shortcut link will take you straight there.

ValentinU

Thank you for taking time to look into it!
My only assumption was that if this Regulation was posted on the Dutch Gov. website, it will mean that applies in Holland as well, otherwise it does not make sense to post this on the official website while it has no effect towards it.
But yeah, I will look into some Legal advice or some kind, maybe I will get some clear info about this Regulation and effectivity in NL

Thank you again!

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