The implications of the accession of the European Community to the Hague Conference on private international law (HCCH)”, European Parliament, Area of Justice, Security and Freedom, Standard briefing notes by external experts, April 2006

In order to accede to the HCCH the Community should fulfil some obligations, including the notification of a formal declaration on the matters, covered by the HCCH’s field of activity, that have been transferred from the Member States to the Community. The declaration is expected to cover mainly measures adopted in the field of judicial cooperation in civil matters as specified in Article 61(c) and 65 TEC, but general reference will be made also to the provisions on private internal law which can be found in other EC legislation. In order to facilitate the participation of the Community and Member States in the areas of respective competence the “alternative vote” method has been specifically introduced. The more sensitive issue concerns the joining by the Community of existing conventions affecting EC instruments and the compatibility of new conventions with EC legislation, and vice versa. Such issue is relevant both for its impact on EC acts, and for the possible consequences of infringements of Hague conventions provisions by the Community and its Member States.