The purpose of the Convention is to improve the understanding of provisions of foreign law which have been raised according to the conflict rules of a state party. It allows the authorities of a requesting state to ask for information on the domestic law of a requested state. 

Information may be requested on civil and commercial law and procedure as well as the organisation of the judiciary and, in addition to these fields, in other fields where they relate to the main issues specified in the request. Insofar as the additional Protocol is concerned, information may be requested on criminal law, both substantive and procedural, and the organisation of the judiciary, including the public prosecutor's office, and on law relating to the enforcement of criminal measures. It is important to check beforehand whether the state whose law requires clarification has ratified the Convention and its Protocol in the area concerned, and whether the relevant chapter of the Protocol applies between the states concerned.

The Convention is in force in 47 states. The Protocol is in force in 41 states. The list of these states can be consulted at the following addresses:

• States Parties to the European Convention on Information on Foreign Law
  (ETS No. 62)
• States Party to the Additional Protocol to the European Convention on Information on Foreign Law (ETS No. 97)

No. In civil and commercial matters, the request may be made by a judicial authority, or by another authority authorised by a judicial authority. For states parties to the additional Protocol, the request may also be made by any authority or person acting within the framework of an official system of legal aid or advice on behalf of economically disadvantaged persons.

In criminal cases, under the additional Protocol, the request may be made by a court or by any judicial authority with jurisdiction over prosecution or the enforcement of final sentences.

However, in accordance with the additional Protocol, the question must pass through the transmitting agency designated by the requesting state and the reply must be sent via the transmitting agency designated by the requested state (see question 7).

No. In civil and commercial matters under the Convention, the request must come from a judicial authority and be linked to proceedings already initiated. In accordance with the additional Protocol, such a request may also be made when proceedings are being considered, provided that the requested state has ratified the additional Protocol.

Yes, in principle, using the Convention mechanism is free of charge. However, there is an exception where a private body or a qualified lawyer is involved, in order to cover their fees. The requesting state is then responsible for paying these costs. In such cases, the Convention stipulates that the authority of the requesting state must be informed of the extent of the costs envisaged and its approval must be sought.

No. The request must always be sent by the transmitting agency designated by the requesting state and addressed to the receiving agency designated by the requested state. The contact details of these bodies can be consulted on the contacts page

The request cannot therefore be sent directly by the person formulating the question and must pass through the transmitting agency. 

Similarly, the reply must be sent by the receiving agency of the requested state to the transmitting agency if the request was transmitted by the latter, or to the judicial authority of the requesting state and not directly to the authority that made the request.
 

Even if the text of the Convention and its additional Protocol do not provide for this possibility, practice shows that most states accept exchanges by electronic means. The summary table shows the formats preferred by the receiving agencies of the states parties. 

Some elements are compulsory:

• The authority making the request must indicate as precisely as possible the points on which information concerning the law of the requested state is sought.
• The facts of the case must be set out as precisely as possible.
• The name of the authority making the request must be provided.
• If the request is not made by a judicial authority, the decision authorising it must be attached.

Copies of documents may also be attached to the request to make it easier for the requested authority to understand the issue at hand (contract, civil status certificate, expert's report, etc.).

Yes, the Convention and its additional Protocol provide for a binding mechanism. The authorities of the requested state are therefore obliged to respond if the Convention or the relevant chapter of the additional Protocol is applicable between the states concerned and that the request comes within their field of application.

There are, however, exceptions to this principle. This is the case, for instance, when the interests of the requested state are affected by the dispute regarding which the request was made or when the requested state considers that the reply would be likely to have an adverse impact on its sovereignty or security. 

The reply must provide the authorities of the requesting state with objective and impartial information on the law of the requested state. Depending on the situation, the reply must indicate the laws and regulations that are to be applied and/or the relevant case law. With regard to legal texts which are to be applied to the case at hand, they should be cited in full in the original language and/or a hyperlink should be provided to access them on the official website where the legislation of the requested state is made available. With regard to case law, it is also desirable, wherever possible, to provide a hyperlink to access the relevant decision(s) on the official website where the case law of the requested state is made available. Additional documents may be provided to shed further light on the matter (legal doctrine, preparatory works, etc.). Explanatory comments may also be provided. The answer provided should not be limited to general references to the relevant legislation but should give precise information on the provisions directly related to the question raised.

No. The task of the authorities of the requested state is limited to providing information about its law to enable the authorities of the requesting state to apply it in an informed manner.

No. The authorities that have requested information on foreign law is free to decide how to use the response it receives, in accordance with its own procedural rules. 

No. There is only a general principle of promptness. The response must be provided as quickly as possible.

The request for information itself and any annexes thereto must be drawn up in the official language or one of the official languages of the requested state or accompanied by a translation into that language. However, the states concerned may by mutual agreement decide that the request be made in another language (such as English or French - see the summary tables on preferred languages of the states parties.

The reply must be sent in the language of the requested state. No translation is therefore required from the authorities of the requested state. However, the states concerned may by mutual agreement decide that the reply should be in another language (such as English or French - see the summary tables on preferred languages of the states parties).