When dealing with cross-border litigation and the service of judicial documents abroad, one recurring misconception often causes delays, rejections, or even failed service: the assumption that the Central Authority under the Hague Service Convention (1965) is always the national Ministry of Justice.
This belief is understandable. Many civil law countries do indeed place the responsibility for international judicial cooperation within their respective ministries of justice. However, as simple as that assumption seems, it is not universally correct—and in many jurisdictions, it is completely wrong.
In reality, the term “Central Authority” refers to a functional role assigned under Article 2 of the Convention. The Convention gives member countries the freedom to decide any appropriate governmental office, department, court, or institution to fulfill this role. As a result, the designated Central Authority may differ greatly from one country to another—not only in name, but in structure, hierarchy, and function.
This comprehensive guide explains the distinctions, illustrates several country-specific examples, and clarifies why correctly identifying the Central Authority is crucial for a successful request for service of process abroad.
1. Understanding the Distinction: Ministry of Justice vs. Central Authority
At first glance, the terms seem interchangeable because both often appear in the context of courts, justice systems, and international cooperation. But legally and functionally, they are not equivalent.
1.1 What is a Ministry of Justice?
A Ministry of Justice is a specific executive-branch department within a nation’s government. Though the name and structure differ—Department of Justice, Ministry of Law, Ministry of Justice and Human Rights, etc.—its core responsibilities generally include:
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managing the administration of justice;
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overseeing courts and prosecutors;
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supervising corrections and penal institutions;
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developing legal policy and legislation;
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coordinating international legal cooperation.
It is a political or administrative body anchored in the executive branch.
1.2 What is a Central Authority under the Hague Service Convention?
A Central Authority is a role defined by the treaty itself, not an inherent government institution. Under Article 2, every contracting state must:
“designate a Central Authority which will undertake to receive requests for service coming from other contracting states.”
In other words, the Central Authority is:
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a point of contact,
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an administrative receiver,
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responsible for processing incoming foreign service requests,
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responsible for forwarding documents to the competent local court, bailiff, or authority,
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responsible for returning a certificate of service or non-service.
But nothing in the Convention requires the Central Authority to be the Ministry of Justice.
A country may designate:
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a court,
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a judicial office,
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a department of the judiciary,
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a foreign affairs department,
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a regional court network,
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a private contractor appointed by the government,
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or the Ministry of Justice—if it so chooses.
Thus, “Central Authority” is a legal designation, not a specific ministry.
2. Why the Confusion Exists: Historical and Structural Reasons
There are several reasons why practitioners mistakenly default to the Ministry of Justice:
2.1 Many civil law jurisdictions use their Ministry of Justice
Countries such as France, Italy, China, and Japan have historically placed foreign judicial cooperation within the scope of the Ministry of Justice. This reinforces the assumption that the ministry is the natural home of such functions.
2.2 Government websites often link judicial cooperation to the ministry
Some countries centralize international legal procedures under a national justice ministry website, even when the Central Authority is actually an internal department or specialized office within that ministry.
2.3 Some countries have hybrid systems
For example, in the United States, the Department of Justice is the official Central Authority—yet it does not physically handle the requests. Instead, the DOJ contracts the task to a private company. This hybrid model creates even more confusion.
2.4 Practitioners assume hierarchy
Attorneys, clerks, process servers, and even judges often assume that international judicial cooperation must involve the highest national legal authority—usually a Ministry of Justice.
But the Convention allows flexibility, and many countries take full advantage of that freedom.
3. Examples of How Central Authorities Vary Between Countries
To understand how diverse Central Authority designations can be, let’s look at specific examples. These demonstrate how different countries interpret and implement the Hague Service Convention.
3.1 England & Wales (United Kingdom): A Court Section, Not the Ministry of Justice
Central Authority: Foreign Process Section, Royal Courts of Justice
Not: The UK Ministry of Justice
The Foreign Process Section is a specialized unit within the High Court. It operates independently of the Ministry of Justice’s administrative functions. Requests sent to the Ministry of Justice will not be processed.
3.2 United States: DOJ as the Authority, But Actual Handling is Outsourced
Central Authority: U.S. Department of Justice (officially)
Operational Handling: Outsourced to a private contractor (currently ABC Legal Services)
The United States officially designates the DOJ as the Central Authority. However, the DOJ delegates operational responsibilities to a private service provider. That means practitioners do not send service requests to a DOJ building—they must submit them to the contractor.
This model is unique and often surprises foreign attorneys who assume such an important function must remain within government walls.
3.3 The Philippines: A Judicial Office, Not the Ministry of Justice
Central Authority: Office of the Court Administrator (OCA), Supreme Court of the Philippines
Not: The Department of Justice (DOJ)
The Philippines provides one of the clearest examples of how the Central Authority may fall outside the executive branch. The OCA is part of the judiciary, not the government’s DOJ. It supervises all lower courts and court personnel nationwide.
Foreign lawyers unfamiliar with this structure often mistakenly send documents to the DOJ—a guaranteed error that results in rejection or no response.
3.4 Germany: Multiple Central Authorities Across Federal States
Central Authorities: One for each of the 16 federal states (Länder), usually a presiding judge or regional court office
Not: A single national Ministry of Justice
Germany’s federal structure gives each state autonomy over judicial functions. As a result, the Hague Service Convention does not have a single, nationwide central contact. Instead, each German state designates its own competent authority.
This decentralization is unusual but perfectly valid under the Convention.
3.5 Canada: A Mix of Federal and Provincial Authorities
Canada designates both:
a federal Central Authority (Department of Justice Canada), and
multiple provincial authorities (e.g., Ministries of Justice or Attorney General departments for each province)
This multi-authority system can create complications for foreign litigants who must choose the correct authority based on the recipient’s location.
3.6 India: Ministry of Law and Justice, One of the Typical Models
Central Authority: Ministry of Law and Justice
India follows the traditional civil-law model wherein a national ministry handles foreign judicial cooperation. This is the structure many professionals expect—but it is only one of several possible models.
3.7 China, Japan, South Korea: Ministry-Based Systems
These countries also use their respective Ministries of Justice for Hague service. This reinforces the misconception but does not change the fact that the Convention allows alternative models.
4. When the Ministry of Justice Is the Central Authority
While it is incorrect to assume that the Ministry of Justice is always the Central Authority, there are indeed many cases where this alignment occurs. It is especially common in:
civil law jurisdictions,
countries with strong centralized legal systems,
states where international legal cooperation is already a ministry-level responsibility.
Examples include:
France – Ministry of Justice (International Cooperation in Civil and Criminal Matters)
Italy – Ministry of Justice (Directorate General for International Affairs)
China – Ministry of Justice
Japan – Ministry of Justice
South Korea – Ministry of Justice
Turkey – Ministry of Justice
But even when the ministry is the designated Central Authority, the internal handling may fall to:
specific divisions,
specialized units,
departments responsible for mutual legal assistance.
Thus, even in these countries, the Central Authority is more accurately understood as a specific office within the ministry, rather than the ministry as a whole.
5. Why Correctly Identifying the Central Authority Matters
Misidentifying the Central Authority is not a minor error. It can have major consequences for litigants and attorneys:
Delays in Service: Requests sent to the wrong government office may sit for weeks or months before being forwarded or rejected.
Rejection of Your Application: Some countries explicitly refuse to process requests that are not addressed to the correct Central Authority.
Total Service Failure: In some jurisdictions, improperly submitted requests are ignored, returned without action, or discarded due to lack of jurisdiction.
Risk of Case Dismissal: Improper service abroad may result in dismissal of the complaint, denial of default judgment, reopening of an already closed case, or sanctions for improper service.
Wasted Time and Expenses: Court deadlines, statutes of limitations, and procedural timelines may be jeopardized.
Non-Compliance With the Hague Convention: Courts may rule that the service is invalid because it did not follow the treaty-mandated procedures.
In essence, serving documents abroad hinges on correct identification of the correct Central Authority.
6. How to Verify the Correct Central Authority
The most authoritative and up-to-date resource is:
Every treaty member’s designated Central Authority is published on the HCCH website under the Service Convention section. Information available includes:
official name of the Central Authority,
postal address,
telephone and fax numbers,
email addresses,
languages accepted,
specific provisions declared by that country,
procedural requirements and notes.
Always check:
the last update date,
whether the country has additional authorities (regional or federal),
whether documents must be submitted to a specific office within a larger ministry.
This is the only official source that courts trust.
7. Important Note on Alternative Methods of Service
While the Hague Service Convention’s Central Authority route is often the primary and most widely recognized method for serving judicial documents abroad, it is not the only avenue available. Depending on the destination country, the nature of the case, and the legal requirements of the originating court, alternative methods may be permitted or even preferred. These include:
Letters Rogatory: Diplomatic channel for non-Hague members or when Hague service is unavailable.
Postal Channels (Article 10(a)): Registered or certified mail in countries that accept it.
Informal (Private) Service: Service by private process servers, judicial officers, or local agents where allowed.
Service Through Diplomatic or Consular Agents: Limited cases, often only on citizens of the originating country.
Court-Ordered Alternative Methods: Email, social media, publication, or service via counsel if traditional methods fail.
8. Central Authority Types by Country (Approximate)
| Central Authority Type | Example Countries | Approx. % of Sample* |
|---|---|---|
| Ministry of Justice | France, Italy, China, Japan, South Korea, Turkey | 45% |
| Supreme Court / Judicial Office | Philippines, England & Wales, India (some states) | 20% |
| Federal/Regional Court Authorities | Germany (per Land), Canada (provinces) | 15% |
| Ministry of Foreign Affairs / Diplomatic Channel | Some Letters Rogatory cases, non-Hague members | 5% |
| Outsourced Private Companies | USA (via DOJ contractor ABC Legal Services) | 5% |
| Other / Mixed Systems | Countries with hybrid arrangements | 10% |
*Percentages are approximate, based on a review of a sample of member countries.
DISCLAIMER:
The percentages shown in the chart are based on a review of a sample of Hague Service Convention member countries. Central Authority designations may vary, change over time, or include multiple authorities within a country. For official and up-to-date information, always consult the Hague Conference on Private International Law (HCCH) website or the designated authority of the target country.
9. Final Summary: Why the Central Authority Is Not Always the Ministry of Justice
To summarize:
The Ministry of Justice is a government department.
The Central Authority is a treaty-designated function.
These two can coincide—but often do not.
Countries are free to designate any public authority, court, office, or even private contractor.
Real-world examples show the diversity: courts (UK), judicial offices (Philippines), private contractors (USA), regional authorities (Germany), mixed systems (Canada).
Relying on assumptions can lead to delays, rejection, or invalid service.
Alternative methods such as Letters Rogatory, postal service, informal service, or court-ordered solutions remain important tools in cases where Central Authority service is impractical or unavailable.
Key takeaway: Always verify the designated Central Authority (or permitted alternative) for the country you are serving documents in. This simple step ensures compliance with the Hague Service Convention, protects your case, and prevents unnecessary delays.
For accurate, compliant, and efficient Hague Service submissions, consult with our team. We help lawyers and legal professionals navigate Central Authorities worldwide.
Please call Stellar Konsulting at the phone numbers listed below or email us at operations@stellarkonsulting.com for an obligation-free quote covering the timelines, options and costs for international service of process.
📞 EMEA: +44 (20) 38905643
📞 USA: +1 (213) 786 1161
📞 Asia: +92 313-780-6280
📞 UK: +44 (20) 38905643
📞 Australia, New Zealand and Far East Asia: +61 2 7259 7299
