Committee for the Regulation on Public Documents

14-06-2022

Cristina Giménez Estol

EC SOLVIT team (GROW.E.4)
 Content overview

 SOLVIT- how it works and what can the network do for you?

 SOLVIT and Regulation (EU) 2016/1191

 Q&A

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SOLVIT

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SOLVIT  Online service – 10 week deadline
from case acceptance by country
of authority (lead SOLVIT centre)
 All actions recorded in an IT
database – full transparency!
 A network of civil servants in EU
countries’ national administrations
& in Norway, Liechtenstein and
Iceland
 Helping businesses & individuals
solve problems caused by
incorrect application of EU law by
an authority in another country.

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 Role of the European Commission

 Case handling performed by national

SOLVIT centres
 Network supported by the European
Commission:
 database
 practical and legal trainings
 guidelines and network management
 legal support from EC experts
 data analysis from SOLVIT cases to
feed into policy and enforcement
SOLVIT record – 20 years of problem-solving

 More than 59,000 complaints

received
 28,600 cases handled (48% of
cases received)
 85% of cases handled solved
 20th anniversary report to be
published soon
Examples of areas of competence
Free movement of services Recognition of professional
qualifications

Free movement of goods Residence rights

Posting of workers Unemployment benefits

Healthcare abroad
VAT - double taxation

Vehicle registration & Family benefits

Driving licences
Finding SOLVIT – submitting a complaint

 SOLVIT website
 Your Europe assistance service finder
 Online map of EU networks
 Europa website – means of redress for
breaches or misapplication of EU law
 Via referrals from other networks or
partners (Europe Direct, Your Europe
Advice, Enterprise Europe Network,
Eures, European Consumer Network …)
 Examples of SOLVIT and Regulation
(EU) 2016/1191

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Marriage certificates (1.1)
A Bulgarian woman married in Cyprus, tried to register her wedding in
her home country- marriage had not been registered in civil registry in
Cyprus

The Bulgarian authorities requested a multilingual extract.

The Cypriot authorities replied that that they do not issue multi-lingual
forms for religious marriages - only an administrative form in English
 Marriage certificates (1.2)

SOLVIT Bulgaria’s position: The lack of Cyprus authorities to provide a

multilingual form for a marriage legally contracted in Cyprus is against article
2 of Directive 2016/1191.

SOLVIT Cyprus’ position: A Certificate of Religious Marriage Recognition was

issued in English but there is no obligation to issue a multilingual form as the
Church is not a public authority.
Marriage certificates (1.3)
EC EXPERT’S ADVICE: Under Cypriot legislation religious authorities are not
public authorities and are not allowed under Cypriot law to issue a valid
certificate of marriage. Instead, an administrative marriage certificate is
issued by the administration and should be accompanied by a multilingual
standard form, which should be in turn accepted by the Bulgarian authorities.

SOLVIT Cyprus did not manage to persuade the authority to change their
practice but the case was transferred to the responsible EC service
(JUST.A.1)

Cypriot member of the Committee approached again the Cypriot authorities

about the application of the Regulation.
Marriage certificates (2.1)
A same-sex Italian couple married in Belgium wish to return to live in
Italy. They asked the town hall to issue a multilingual marriage certificate
in accordance to article 7 of regulation 2016/1191.

The Italian Embassy in Belgium refused to recognise the certificate

because it was not signed nor stamped.

The Belgian authorities consider that they are not allowed to sign or
stamp this multilingual form as it is an annex to a copy of an official act –
but not the official act in itself.

Belgium only works with electronic signature and QR code not with
normal signature or stamp (in line with art. 35 of e-IDAs regulation).
Marriage certificates (2.1)
Belgium only works with electronic signature and QR code not with
normal signature or stamp (in line with art. 35 of e-IDAs regulation).

EC expert clarifications – Italy can decide on which conditions an

electronic document may be submitted.

However, The Italian Embassy would need to demonstrate that Italian

law explicitly provides for a specific form (paper/handwritten signature)
regarding the submission of a marriage certificate. In the absence of
such a provision, their refusal of the document would be contrary to
Article 13 of the eIDAS Regulation.
 Contacts

SOLVIT website www.SOLVIT.eu

Link to SOLVIT on line complaint https://ec.europa.eu/eu-rights/enquiry-complaint-

form (in EN)
Contact details of national SOLVIT
centres
Contact person EC SOLVIT team
form/home?languageCode=en&origin=solvit-web
https://ec.europa.eu/solvit/contact/index_en.htm
solvit@ec.europa.eu
Evgenia Kokolia
Evgenia.kokolia@ec.europa.eu
+ 322 29 85633

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Q&A
Thank you!