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Legal Interpreting in
the European Union
Recommendations for Best Practices
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In fact, in the Community institutions we are very
privilileged to be able to benefit from the excellent
interpreting provided by our own specialised services that
set the standard world-wide.
However, we should not forget that others, who are less
privilieged in a number of respects, are entitled to the same
quality in interpreting.
I am thinking here of people, whether they are European
citizens or not, who need to defend their rights in court.
Commissioner Leonard Orban
11th Scic Universities Conference 2007.
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The Need
The ever-growing movement of EU
citizens
Immigration from outside the EU
Judicial cooperation and mutual trust
Compliance with the ECHR
Greater efficiency of the legal system
How to respond to the need?
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1. The Proposal for a Framework
Decision on Procedural Rights in
Criminal Proceedings (failed June 2007)
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2. The Grotius-Agis projects (1998-2008)
Sufficient legal interpreting skills
and structures are not yet in place
in most Member States, though a
process of development to do so
is in progress across the EU,
albeit still variable in coherence,
quality and quantity.
(JLS/2006/AGIS/052)
Agis project
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3. Initiatives of DG Interpretation
1. Survey on Training in Legal Interpreting in
the EU
2. Reflection Forum on Multilingualism and
Interpreter Training
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Survey on Training (carried out by Luigi Fiorino)
More than half of the Member States do not have any
specific training in legal interpreting
Training is sometimes organised at local level without
the rest of the country benefiting from it
Great disparity in level and quality of training
throughout the EU
No EU-wide code of ethics, certification or registration
of legal interpreters
Insufficient exchange of best practices between
training institutes
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Reflection Forum on
Multilingualism and Interpreter
Training
Legal Interpreting in the European
Union: Recommendations for
Best Practices
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Members of the Forum
Mr. G.Brown and Mr.A. Bulgarelli, CCBE, and
Mr. E.J. van der Vlis, Ministry of Justice
Ms. D. Kierzkowska, TEPIS, a professional
association
Ms. C. Driesen, Ms. M. Kadric and Mr. E. Hertog,
trainers/practitioners of legal interpreting
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1. The legal services and professionals should
recognize the professional profile of the legal
interpreter.
Languages proficiency
Knowledge of relevant countries and cultures
Interpersonal skills and attitudes
Knowledge of the legal systems
Interpreting skills
Knowledge and integration of the Code of Ethics
and Guidelines to Good Practice
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Legal interpreters should have protection of title and
their status defined in the law.
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2. Training
1. The academic curriculum. By way of example:
BA Fachdolmetschen Hochschule Magdeburg-Stendal
(German with English, French, Russian and Spanish)
http://www.hs-magdeburg.de/studium/s-
studienangebot/bachelor/b_fachdolmetschen
MA in Public Service Interpreting
http://www2.uah.es/traduccion/pdf/formacion/Hoja%20Master
.%20EN.2009-2010.pdf
MA in Public Service Interpreting Surrey
.
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2. Ad hoc training
In interpreting training or academic institutes
TI (Tolk- och verstterinstitutet Stockholm University)
http://www.tolk.su.se/
Lessius University College
http://www.lessius.eu/tt/stk/gvt/default.aspx
In the report the Reflection Forum
suggests a core curriculum in legal interpreting
sets the level of training
makes recommendations on the teaching staff
suggests a certification and accreditation procedure
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3. Training offered by professional associations
http://www.tepis.org.pl/
Professional associations, often in conjunction
with academic training institutes and legal
professionals and services, are pre-eminently
qualified to offer CPD training
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4. Training the trainers
ETI (Geneva)Training the Trainers programme
http://virtualinstitute.eti.unige.ch/formcont/index.php
?name=Sections&req=viewarticle&artid=7
4. Building Mutual Trust (JLS/2007/JPEN/219)
A storehouse of teaching and training materials
(completion date 2010)
5. European Language Council: SP 7 Suggestions
on public service interpreting curricula
http://web.fu-berlin.de/elc/en/tnp1prod.html
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Member States should provide appropriate training
both for new and already practising legal interpreters
Such training should lead to a nationally recognized
professional certification and be accredited by a
recognized authority
Efforts should be made to develop equivalent training
throughout the EU to ensure mutual trust and
cooperation
DG Interpretation could make a significant contribution
to the quality of legal interpreting through its expertise
in interpreting, training of trainers and the building of
networks.
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3. Code of Conduct and Guidelines to Good Practice
The Code of Conduct is the responsibility of the
professional associations of legal interpreters.
Guidelines to Good Practice should be drawn up to
ensure quality service.
The Code and the Guidelines should be an integral
part of the training.
A common EU Code of Conduct for legal interpreters
could strengthen mutual confidence between Member
States.
The Code of Conduct should be recognized and
respected by the other professionals in the legal
services.
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4. Working Arrangements with the Legal Services
and Professionals
Training should be provided to the legal services and to
legal professions on how to work across languages and
cultures and with interpreting.
A national register of qualified legal interpreters should
be kept, and the use of only registered legal interpreters
made mandatory.
The national registers should aim for EU consistency,
thus allowing mutual access.
COUNCIL OF THE EUROPEAN UNION
Brussels, 28 October 2008 (30.10)
14375/08
LIMITE
JURINFO 64
NOTE
from: Presidency
to: Working Party on Legal Data Processing (e-
Justice)
Subject: Interconnection of the interpreter and
translator databases and videoconference-based
interpretation system
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E-Justice action plan re Interpreting
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AVIDICUS (JLS/2008/JPEN/037): project on interpreted
videoconferencing
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5. Additional Recommendations
Relevant data should be collected as a basis for
nationally co-ordinated and informed planning
The necessary budget should be allocated for the
provision of quality legal interpreting in the legal
services as well as for the fair and reasonable
remuneration of the legal interpreters
The legal services should commit themselves to
engage qualified, registered legal interpreters only
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By way of conclusion
1. Strategies needed to implement the Recommendations in
the Member States
2. The exchange of good practices, the establishment of
equivalent training and of professional networks should be
encouraged and effectively established among EU
countries to push standards of legal interpreting up
effectively.
EULITA (JLS/2007/JPEN/249): project to establish a
European Legal Interpreters and Translators Association
Graz 17-18 September 2009: CIUTI Symposium Community
interpreting: Training & Research at University Level
ISIT 20-21 November 2009: Les pratiques de linterprtation et
loralit dans la communication interculturelle
Lessius 26-28 November 2009: Aspects of Legal Interpreting
and Translation
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3. Explore more synergies (with DG Translation, DG
Education and Culture, DG Justice, Freedom and
Security and, of course, Scic)
4.Explore the potential of the Recommendations for
interpreting in immigration and other public
services
Equal
European Network of social interpreting and
translation services
Migrant-friendly hospitals
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Interpreters also help the institutions of multilingual
societies to function.They support immigrant
communities in courts, hospitals, police and
immigration services. Properly trained, interpreters
thus contribute to safeguarding human and
democratic rights.
A new framework strategy for multilingualism
(COM(2005) 596 final)
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