Circulation of foreign public documents in the digital age from a Croatian legal perspective

This paper examines the legalization of foreign public documents from the perspective of Croatian law. It places particular emphasis on the modern context shaped by the integration of information and communication technologies in civil justice. The proliferation of electronic public documents raises critical issues regarding the applicability of existing norms to the full or partial legalization of such documents and their printouts, whether intended for use in Croatia or abroad. From a methodological perspective, this contribution is based on qualitative research within international civil procedural law. It employs standard legal research methods, including doctrinal analysis, formal-logical reasoning, historical analysis, and comparative approaches, focusing on European and selected national legal systems. Regarding the qualification and use of foreign electronic documents as public documents in Croatia, the paper advocates that documents created in electronic form should be regarded as public documents. The lex loci actus should determine the status of their printouts, i.e., whether they also qualify as public documents. A contribution of this paper lies in its analysis of the challenges associated with using Croatian electronic public documents abroad. The Republic of Croatia does not issue paper apostilles for electronic public documents signed or certified with a qualified electronic signature or seal. Nor does it issue apostilles for printouts of electronic public documents, as such printouts are deemed mere copies rather than certified duplicates eligible for apostilles. To ensure legal certainty, the paper recommends that individuals intending to use Croatian public documents abroad obtain them in paper form, bearing a handwritten signature and the issuing authority’s mechanical seal. Given that an apostille should ideally be physically attached to the document it certifies, the paper underscores the importance of integrating e-Apostilles with electronic public documents. Adding an apostille to a printout of an electronic document undermines the document’s digital certification and added value. Furthermore, scanning such printouts results in a non-machine-readable format, a practice not supported by the Hague Conference on Private International Law. The paper concludes by advocating for Croatia’s accession to the e-Apostille Program for domestic public documents intended for international use.