AUTHENTIC INSTRUMENT

Authentic instrument

AUTHENTIC INSTRUMENT

An authentic instrument concerning a claim within the meaning of Article 4(2) which is enforceable in one Member State shall, upon application to the authority designated by the Member State of origin, be certified as a European Enforcement Order, using the standard form in Annex III.

The authentic instrument is enforceable in the Member State of origin

An authentic instrument concerning a claim within the meaning of Article 4(2) which is enforceable in one Member State shall, upon application to the authority designated by the Member State of origin, be certified as a European Enforcement Order, using the standard form in Annex III.

The authentic instrument is enforceable against the debtor in the Member State of origin (Article 57(1) of the Regulation)

public documents;

(Recognition of diplomas and public documents, and other specifics)

"authentic instrument":

other writings assuming the character of a public document under special regulations.

Recognition of Diplomas and Other Public Documents on Professional Qualifications

Unless otherwise provided by an international agreement, public documents which have been issued in foreign states and are certified according to the regulations shall have the same effect of proof as the domestic ones, provided that reciprocity is recognized in this respect.

? certificate of nationality of Montenegro together with another valid public document bearing a photograph.

? certificate of nationality of the Republic of Slovenia together with another valid public document bearing a photograph;

The same effect of proof shall be recognized to other documents whose effect of proof is equated with that of public documents pursuant to special regulations.

A document which is kept with a government body or other statutory authority and is inaccessible to a party, shall be procured by the court by virtue of office.

Desiring to facilitate and accelerate access by the public to the technical information contained in documents describing new inventions,

Based on the submission of the aforementioned public documents, the competent authority of the requested Contracting Party shall acknowledge the nationality of a person and no future establishment of nationality shall be required.

(1) For the purposes of the implementation of the Agreement, in addition to the documents referred to in Annex 1 of the Agreement, the nationality of a person shall be proved by means of the following valid public documents:

For the purposes of the implementation of the Agreement, the nationality of a person shall be proved by means of the following valid public documents, in addition to the documents referred to in Annex 1 and 2 of the Agreement:

Of course this rule, as enshrined in this Charter, applies to the central authorities as well as to regional or local bodies, and to public organisations, when they are implementing Union law.

Diplomas and public documents certifying a pass in professional examinations that were gained in the territory of the Socialist Federal Republic of Yugoslavia prior to 25 June 1991 shall be equivalent to diplomas and public documents certifying a pass in professional examinations gained in the PlaceName PlaceNameRepublic of PlaceNameSlovenia .

All the available documents and the actual use of the land having been taken into consideration, the extent of the land that was obtained for construction shall first be determined in the merger procedure, and then a new parcel partitioning of the entire area shall be carried out in consideration of all the documents and circumstances such that the use of all the buildings is facilitated and the function of all public areas is preserved.

If the object to be inspected is kept or located with the parties or some other person, government body or other statutory authority, the provisions of the present Act governing the procurement of documents from the stated persons (Articles 226 to 228) shall be applicable.

The Charter does not affect the possibilities of Member States to avail themselves of Article 15 ECHR, allowing derogations from ECHR rights in the event of war or of other public dangers threatening the life of the nation, when they take action in the areas of national defence in the event of war and of the maintenance of law and order, in accordance with their responsibilities recognised in Articles I-5 (1), III-131, III-262 of the Constitution.

Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will establish as criminal offences the active and passive bribery of foreign public officials under Article 5, of officials of international organisations under Article 9 or of judges and officials of international courts under Article 11, only to the extent that the public official or judge acts or refrains from acting in breach of his duties.

In order to combat bribery of foreign public officials effectively, each Party shall take such measures as may be necessary, within the framework of its laws and regulations regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the establishment of off-the-books accounts, the making of off-the-books or inadequately identified transactions, the recording of non-existent expenditures, the entry of liabilities with incorrect identification of their object, as well as the use of false documents, by companies subject to those laws and regulations, for the purpose of bribing foreign public officials or of hiding such bribery.

Having regard to the legal texts existing at international level in the field of protection and management of the natural and cultural heritage, regional and spatial planning, local self government and transfrontier co-operation, in particular the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979), the Convention for the Protection of the Architectural Heritage of Europe (Granada, 3 October 1985), the European Convention on the Protection of the Archaeological Heritage (revised) (Valletta, 16 January 1992), the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 21 May 1980) and its additional protocols, the European Charter of Local Self-government (Strasbourg, 15 October 1985), the Convention on Biological Diversity (Rio, 5 June 1992), the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972), and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice on Environmental Matters (Aarhus, 25 June 1998);

Article 25 Authentic instruments

the debtor has expressly agreed to it in an authentic instrument.

COURT SETTLEMENTS AND AUTHENTIC INSTRUMENTS

has been established by a public authority or other authority empowered for that purpose by the Member State in which it originates; b) an arrangement relating to maintenance obligations concluded with administrative authorities or authenticated by them; 4. "Member State of origin": the Member State in which the judgment has been given, the court settlement has been approved or concluded or the authentic instrument has been drawn up or registered, and is to be certified as a European Enforcement Order;

An authentic instrument which has been certified as a European Enforcement Order in the Member State of origin shall be enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its enforceability.

A claim shall be regarded as uncontested if:

The concept of "uncontested claims" should cover all situations in which a creditor, given the verified absence of any dispute by the debtor as to the nature or extent of a pecuniary claim, has obtained either a court decision against that debtor or an enforceable document that requires the debtor's express consent, be it a court settlement or an authentic instrument.

This Regulation should apply to judgments, court settlements and authentic instruments on uncontested claims and to decisions delivered following challenges to judgments, court settlements and authentic instruments certified as European Enforcement Orders.

This Regulation shall apply only to judgments given, to court settlements approved or concluded and to documents formally drawn up or registered as authentic instruments after the entry into force of this Regulation.

Judgment/Court settlement/Authentic Instrument

Impartiality is a fundamental principle of public service which is recognised by the Charter of Fundamental Rights of the European Union(5).

In this Regulation, the term "Member State" shall mean Member States with the exception of Denmark.

the Member State in which enforcement of the judgment, court settlement or authentic instrument certified as a European Enforcement Order is sought;

"Authorisation" shall mean a document of the Contracting Authority authorising the Joint Public Procurement Operator to implement the procedure for the award of joint public contracts on behalf and for the account of the Contracting Authority.

deposit of the document at a post office or with competent public authorities and the placing in the debtor's mailbox of written notification of that deposit, provided that the written notification clearly states the character of the document as a court document or the legal effect of the notification as effecting service and setting in motion the running of time for the purposes of time limits;

This Regulation shall not affect the possibility of seeking recognition and enforcement, in accordance with Regulation (EC) No 44/2001, of a judgment, a court settlement or an authentic instrument on an uncontested claim.

the debtor has expressly agreed to it by admission or by means of a settlement which has been approved by a court or concluded before a court in the course of proceedings;

the debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings, provided that such conduct amounts to a tacit admission of the claim or of the facts alleged by the creditor under the law of the Member State of origin;

(2) Proofs which tenderers are to submit in their tenders demonstrating their capability to perform the public contract shall include the following documents issued, at their request, by competent bodies:

Member States shall issue to beneficiaries of refugee status travel documents in the form set out in the Schedule to the Geneva Convention, for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise require.

(1) Contractors shall announce in the contract notice and in the contract documents the conditions which must be fulfilled by a tenderer wishing to take part in the procedure.