Regulation (EU) 2016/1191: how far the free circulation of public documents in the EU and in Spain has (not) reached

Abstract

Regulation 2016/1191, whose objective is to eliminate the formalities of legalization or similar and translation of certain public documents moving within the European Union, is being applied at different speeds in the Member States. This is evidenced by the few Spanish judicial judgment which the Regulation is being applied in an incipient manner in the areas of judicial cooperation in civil matters and migration. Indeed, it does not have the desired success, even though it is of preferential application related to other regulatory instruments that have not ceased to be used (Hague Apostille Convention). This may be due to mistrust or ignorance of the possibility of using the Regulation, but also to the ease of use of other instruments in some Member States (ICCS Conventions). The Pancharevo case (C–490/20) is an example of the citizen's “choice” not to apply Regulation 2016/1191 even though it would have saved them legalization and certified translation. Moreover, the CJEU judgment is used to evidence the legal mismatch caused by the lack of regulation the recognition of public documents and their translations when received by authorities of another Member State, beyond the terms used.