Legalisation and the Hague Apostille are the formalities that allow a document to take effect outside the State in which it was drawn up. This guide sets out, for the most frequent cases, which of the two is required, which office to apply to in Rome, in what order to proceed in relation to the sworn translation, and when the formality is not due. The full legal references are on the pages Legalisation and Apostille and Legalisation of documents from or for abroad.
What legalisation certifies
Legalisation attests the official capacity of the public officer who signed a document and the authenticity of the signature (article 15 of Law no. 15 of 4 January 1968; article 33 of Presidential Decree 445/2000). It certifies neither the content of the document nor its validity: it certifies that the signatory had the power to sign. A foreign document, however valid in its own legal system, cannot be used in Italy until it has been legalised, save for the exemptions provided by international conventions.
Legalisation or Hague Apostille
For countries party to the Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents, ratified by Italy with Law no. 1253 of 20 December 1966, legalisation is replaced by the Apostille: a single certificate, with wording and layout fixed by the Convention, affixed by the competent national authority and recognised directly in all the signatory States without the involvement of a consulate. For non-signatory countries, two-step legalisation remains: the national authority and then the consular mission of the destination country.
| Destination or origin | Formality | Procedure | Notes |
|---|---|---|---|
| Country party to the Hague Convention of 1961 | Hague Apostille | One step, at the national authority | Examples: United Kingdom, United States, Brazil, Argentina, India, Australia, Switzerland, Turkey, Russia |
| Country not party to the Convention | Legalisation | National authority, then the consulate of the destination country | Examples: Canada (for some deeds), United Arab Emirates, Egypt, Cuba |
| EU Member State, public documents covered by Regulation (EU) 2016/1191 | No Apostille | Multilingual standard form attached to the document | Birth, marriage, residence, absence of a criminal record and other documents listed in the Regulation |
| Countries with bilateral or multilateral exemption conventions | No legalisation | Case-by-case check | Germany, Austria, Belgium, France, Hungary, San Marino, Switzerland, Argentina, Spain for certain deeds |
The updated list of signatory States is published by the Hague Conference on Private International Law (hcch.net). The Apostille is not translated: the Convention fixes its language, heading and content so that it is recognisable in any country.
Foreign document for use in Italy
The order of operations is fixed. First, the Hague Apostille or legalisation in the country that issued the document: the Apostille is issued by the authority designated by that State, legalisation by the Italian diplomatic or consular mission in the country. Then, in Italy, the sworn translation of the complete document, Apostille or legalisation included, made by the official translator before the Court. A sworn translation made in Italy of a foreign document requires no further legalisation.
A foreign document that reaches Italy without an Apostille or legalisation cannot, as a rule, be regularised in Italy: it must go back to the country of origin or pass through that country's diplomatic mission, where provided for. It is therefore advisable to check the formality before leaving or before sending the document.
Italian document for use abroad
The document is first translated into the language of the destination country with a sworn translation at the Court of Rome. The signature of the officer who received the oath is then given the Hague Apostille or legalised by the Public Prosecutor's Office at the Court. If the destination country is not a party to the Convention, the document finally goes to its consulate in Italy for consular legalisation. In some cases the foreign authority also requires the Apostille or legalisation on the original: administrative originals go through the Prefecture, judicial, notarial and civil-status originals through the Public Prosecutor's Office.
The competent offices in Rome
| Document | Competent office | Formality | Notes |
|---|---|---|---|
| Judicial, notarial or civil-status deed drawn up in Rome | Public Prosecutor's Office at the Court of Rome | Hague Apostille or legalisation | Includes the oath records of sworn translations |
| Administrative document (municipality, school, university, Chamber of Commerce, health authority) | Prefecture of Rome, by delegation of the Ministry of Foreign Affairs | Hague Apostille or legalisation | Official's signature on file at the Prefecture |
| Document signed by a foreign diplomatic mission in Italy | Prefecture | Legalisation | Unless exempt (London Convention of 1968) |
| Document issued abroad for use in Italy | Authority of the country of origin (Apostille) or Italian diplomatic mission (legalisation) | Before translation | The sworn translation made in Italy is not legalised |
The firm handles the whole chain: sworn translation, Hague Apostille or legalisation at the Public Prosecutor's Office or the Prefecture and, where necessary, the consular step. The client's attendance is not required.
When legalisation is not required
- European Union. Regulation (EU) 2016/1191 exempts from Apostille and legalisation, between Member States, public documents concerning birth, being alive, death, name, marriage, registered partnership, parenthood, adoption, domicile and residence, nationality and absence of a criminal record, and provides multilingual standard forms to accompany the document. Translation is still required unless the multilingual form is accepted by the receiving authority.
- Brussels Convention of 25 May 1987 abolishing legalisation between Member States, in force between Italy, Belgium, Denmark, France, Ireland and Latvia.
- London Convention of 7 June 1968 for documents issued by diplomatic or consular agents.
- Bilateral conventions with Germany (Rome, 7 June 1969), Austria, Hungary, Switzerland, San Marino, Argentina and Spain, for the deeds indicated in each.
- Vienna Convention of 8 September 1976 on multilingual extracts of civil-status records, which require neither translation nor legalisation between the acceding States.
Practical notes
- Originals and certified copies are legalised, not plain photocopies. The document must bear a signature on file at the competent office.
- Documents of more than one page must bear the issuing authority's stamps joining the pages.
- Some foreign authorities accept only recent documents: the validity of the certificate should be checked before starting the chain of legalisation.
- An Apostille affixed in a signatory country is not legalised again in Italy. If a document from a signatory State bears consular legalisation instead of an Apostille, the legalisation is considered sufficient.
- For the recognition of foreign qualifications and for the EU Blue Card, a Declaration of Value or a CIMEA certificate is also required: see the guide to preparing your documents.
Does the sworn translation of a foreign document need to be legalised in Italy?
No. The foreign document must reach Italy already bearing the Hague Apostille or legalisation; the sworn translation made before the Italian court requires no further formality.
Who affixes the Hague Apostille in Rome?
The Public Prosecutor's Office at the Court of Rome for judicial, notarial and civil-status documents, including the oath records of sworn translations; the Prefecture of Rome for administrative documents.
Must the Apostille be translated?
No. The Hague Convention fixes its heading, language and layout so that it is recognisable in every signatory State. Its presence is nevertheless noted in the sworn translation of the document.
How long does it take?
Timing depends on the office and the time of year. The sworn translation is normally ready within a few working days; the Public Prosecutor's Office and the Prefecture issue Apostilles and legalisations by appointment or within their own timescales, and the consular step, where required, may take a few weeks. A first contact with our office allows an estimate for the specific case.