Council Regulation (EC) No. 1206/2001
- Council Regulation (EC) No. 1206/2001
Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is a European Union regulation in the field of judicial cooperation. It allows taking of evidence from one member state to another without recourse to consular and diplomatic channels. The regulation applies to all the Member States of the European Union with the exception of Denmark.
Taking of evidence in civil cases prior to the regulation was done by either under the Hague Evidence Convention or by means of a "Letter Rogatory", (also called a Letter of Request), a formal request from a Court in one country to take evidence to another in which the witness is domiciled. This formal document usually required transmission from the originating Court to the Ministry of Foreign Affairs (MFA) in the state of origin, who then forwarded it, possibly through various Embassies, to the MFA in the destination state. The foreign MFA would then pass the documents to the judicial authorities in that state, who would then go about obtaining the required evidence. The evidence would then be returned via the same long winded channels.
This regulation enables a somewhat simplified route by allowing direct contact between the Courts in the member states. A standardised request form included in the annex to the regulation must be used. This aids the process by being widely recognised by the relevant authorities. The regulation also contains various articles to promote the use of communication technologies such as telephone conferencing and videoconferencing.
External links
* [http://europa.eu.int/comm/justice_home/judicialatlascivil/html/te_information_en.htm Taking of Evidence regulation at the Judicial Atlas]
Wikimedia Foundation.
2010.
Look at other dictionaries:
European Union law — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
Legislature of the European Union — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
Directive (European Union) — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
European Court of Justice — Not to be confused with the European Court of Human Rights, the court of the Council of Europe. ECJ redirects here. For the collective judicial institutions of the European Union, see Court of Justice of the European Union. For other uses, see… … Wikipedia
Community acquis — European Union This article is part of the series: Politics and government of the European Union … Wikipedia
Direct effect — For the Direct effect model of media influence, see hypodermic needle model. Direct effect should not be confused with Vertical effect and debates over the Horizontal effect of the British Human Rights Act Direct effect is the principle of… … Wikipedia
Direct applicability — A concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the… … Wikipedia
Court of Justice of the European Union — Not to be confused with the European Court of Human Rights, the supranational court based in Strasbourg. Court of Justice of the European Union Established 1952 … Wikipedia
Judiciary of England and Wales — This article is part of the series: Courts of England and Wales Law of England and Wales … Wikipedia
Hague Evidence Convention — The Hague Evidence Convention, or the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 18 March 1970 by the members of the Hague Conference on Private International Law.… … Wikipedia
