The Apostille of the Hague refers to the agreement signed in 1961 where the signatory countries agree to abolish the requirement of legalization of foreign public documents. In this way, the public documents of one of the signatory countries of the agreement, which have the apostille of life, are valid in any other country within the agreement.
The procedure «Apostilla«It is a unique legalization, and results from placing in the same public document that you wish to apostille a note that certifies the authenticity of the document issued in another country.
From the day 16.02.2019 the Regulation 2016/1191 of the European Parliament and of the Council, is being applied to recognize public documents, which means that the bureaucracy is streamlined since it is not necessary to «apostill them».
On a practical level, for example, a married couple in France or Germany does not need to apostille the marriage certificate that is issued in those countries, Spain must accept these documents in their administrations and courts and validate them.
In the same way, neither do the interested parties have to show the original of the public document and its certified copy.
Also it wouldn’t be needed from any country of the European Union be the sworn translation.
Administrations can only request that it be translated in exceptional cases.
However, it can happen that a court in Spain, doubts the authenticity of a birth certificate, in that case, it is easy, as you can check it through the IMI (Internal Market Information System) platform.
The documents that fall within the scope of this Regulation are diplomatic and consular documents, notarial deeds, judicial documents and official certificates on private documents.
Now, we must make it clear that we are only talking about whether these documents are authentic or not, its quite different to recognize the legal effects within Spain.
It will be necessary a judicial process in Spain so that the effects of the divorce of Italy are reflected in Spain, that is done through a procedure called exequatur.
In this way, Spain can not ask for an apostille on documents that deal with certain matters.
If you are interested in knowing how you can influence and benefit this decision of the European Parliament, when processing particular documentation or document management of your customers, do not hesitate to contact us.