General swearing of court interpreters
The general sworn oath of court interpreters is an essential requirement in Germany for court interpreters to be able to work in judicial or administrative proceedings . Their work enables proceedings to be carried out with people who do not speak the national language, and that they are granted a fair hearing .
introduction
According to the Courts Constitution Act (GVG), the language of the court is German ( § 184 S. 1). If negotiations are carried out with the participation of people who do not speak German, an interpreter must be called in ( Section 185 (1) sentence 1). In order to communicate with a hearing-impaired or speech-impaired person, the court can also call in a person as an interpreter under the conditions of Section 186 .
The interpreter has to take an oath or an equivalent affirmation that it will be faithfully and conscientiously transmitted ( Section 189 (1)). Paragraph 2 of this paragraph reads:
"If the interpreter is generally sworn in a state for transmissions of the type in question in accordance with state law, it is sufficient to appeal to this oath before all federal and state courts."
In court practice, among the freelance interpreters, assignments are usually given to those interpreters or translators who can show such a general sworn oath. The Directive 2006/123 / on services in the internal market EC of the European Parliament and of the Council of 12 December 2006, which will be implemented by Member States by 2009 into national law had, gave rise to a new version of the national regulations on the appointment and swearing in of Interpreters. The directive requires in Article 9 that the taking up and the exercise of a service activity may only be subject to a licensing system if certain conditions such as non-discrimination, justification by the common good and necessity are met. In addition to the actual legal matter, judicial procedure law and European competition law, the norms on the requirement for a swearing also affect the freedom of occupation . The Federal Administrative Court has decided that the regulation of the general swearing-in of interpreters and the authorization of translators affects the freedom of occupation within the meaning of Article 12 of the Basic Law. Due to the constitutional legal reservation, the regulation must be made by a legal norm; a mere administrative regulation is not sufficient.
The positive decision on an application for a general sworn oath is linked to the fulfillment of the following requirements:
- Personal suitability (evidence by certificate of good conduct, certificate of non-entry in the debtor register , etc.), willingness to be available to the courts and public prosecutor's offices at short notice on request.
- Professional qualification. Proof of professional suitability has to be provided differently depending on the federal state. The level of detail of the requirements in the respective laws varies, e. Sometimes they are specified in the law itself, in other countries in an ordinance or in administrative regulations.
- In some countries there are requirements regarding citizenship.
State regulations
- Baden-Württemberg requires proof of suitability as a liaison interpreter through a state examination or an equivalent examination. The requirement of the state or equivalent examination can be waived if the suitability is sufficiently proven in another way.
- Bavaria requires that the applicant passed the examination in accordance with the regulations issued by the State Ministry for Education and Culture or has taken an examination recognized as equivalent by the State Ministry for Education and Culture. The State Ministry for Education and Culture is empowered to regulate the examination and recognition of examinations for interpreters and translators (Art. 3 Para. 1 Letter d), in particular
- 1. the types of examinations,
- 2. the examination procedure, in particular the examination bodies, the requirements for appointing the examiner, admission to the examination, the examination subjects, the number and type of examination papers, the structure of the examination into a written and an oral part, the assessment of the examination results, the admission of aids for the examination, the consequences of violations of the examination regulations and the examination benefits in special cases,
- 3. the partial transfer of responsibility for holding the examination to language schools and the regulation of remuneration in these cases,
- 4. the conditions under which examinations for translators and interpreters who have been taken outside the Free State of Bavaria are recognized as equivalent, as well as the procedure of recognition, in particular the details of the implementation of Directive 2005/36 / EC such as characteristics, requirements , Content, assessment, procedures and responsibilities with regard to the adaptation course and the aptitude test.
- In Berlin it is a prerequisite for the professional suitability that the applicant
- an examination for interpreters at a state examination office or a university in Germany or
- has passed an interpreting examination recognized as equivalent by a German government agency abroad (Section 19 of the Act on the Implementation of the Courts Constitution Act).
The ordinance regulating the general certification of interpreters and the authorization of translators regulates further details.
- In Brandenburg, anyone who has passed an examination for interpreters from a state examination office or a university or abroad an interpreter examination recognized as equivalent by a German state body and who can provide evidence of practical work as an interpreter is generally sworn in.
- According to the Hamburg Interpreters Act, "those who have mastered the German language and the working language in pronunciation, grammar, spelling, style and legal terminology and are able to make oral and written statements in these languages factually correct in the field of activity of authorities and courts are qualified and transmitted unambiguously. ”The evidence must be provided by successfully participating in an aptitude assessment procedure before the interview committee of the competent authority. Further details are regulated in the ordinance for the implementation of the Hamburg Interpreters Act (Hamburg Interpreters Ordinance - HmbDolmVO).
- According to Section 2, Paragraph 3 of the Hessian Interpreters and Translators Act, “those who have passed a state interpreting test in Germany, a German university or technical college degree in the field of interpreting or a foreign interpreting test recognized as equivalent are qualified. If there is no position at which a state interpreting examination can be taken, proof of professional suitability must be provided by a certificate from the state school office (Section 95, Paragraph 1, Clause 1 of the Hessian School Act, as amended). "
- In Mecklenburg-Western Pomerania, professional aptitude must be demonstrated by "having completed training or in some other way" (Section 3 No. 4 of the Act on Public Appointments and General Swearing of Interpreters and Translators (Dolmetschergesetz -DolmG MV)). Further details are regulated by statutory instruments and administrative regulations. According to the statutory ordinance, proof of professional suitability is provided
- a certificate obtained within the scope of the Basic Law on the successful completion of an interpreting or translation course at a university or an equivalent college,
- a certificate of successful completion of the course as a diploma language mediator obtained in the area designated by Article 3 of the Unification Treaty,
- an outside the scope of the Basic Law or
- an area within the scope of the area specified in Article 3 of the Unification Treaty
obtained certificate of an apprenticeship qualification, provided this is recognized by the minister of education of the state of Mecklenburg-Western Pomerania as equivalent in terms of number 1. Recognition by the Minister of Education and Cultural Affairs is equivalent to recognition by the Conference of Ministers of Education of the Länder. Evidence in any other way can be provided by taking an examination at the Examination Office for Interpreters and Translators in the Teachers' Examination Office in Mecklenburg-Western Pomerania .
- In Lower Saxony, applicants have to prove their personal and professional suitability by submitting suitable documents. For applicants who are already generally sworn, authorized or publicly appointed in another federal state on the basis of a law, the evidence of professional suitability can be replaced by the submission of a certificate stating the existence of their general sworn, authorization or public appointment. According to Section 23 (2) of the Lower Saxony Judicial Act, professional qualifications require:
- 1. Language skills with which the applicant:
- a) can easily understand practically everything that he or she hears, reads or records using sign language,
- b) can express himself spontaneously, very fluently and precisely and
- c) can make finer nuances of meaning clear even in more complex issues
- both in the German and in the foreign language, as well
- 1. Language skills with which the applicant:
- 2. Good knowledge of German legal language.
The rule requirement is therefore the highest level of language competence -C 2- of the Common European Framework of Reference for Languages.
Proof of professional suitability can be provided by these documents:
- Language skills: Evidence must be provided through a successfully completed university or technical college degree or an IHK, state or state-recognized examination. To prove that an exam that has been passed meets the requirements, the language level achieved should be shown in the examination certificate or an accompanying document issued by the examining body. This applies to both the foreign language and the mother tongue,
- Knowledge of legal technical language: In-depth knowledge of German legal language must be proven by submitting qualified certificates or certificates from vocational training or by successfully completing a separate examination.
- Language mediation competence: the documents to be submitted on language skills should also enable an assessment of language mediation knowledge and skills. If the language mediation skills are not directly evident from the examination certificate, further certificates of satisfactory work as an interpreter and / or translator are required.
- In North Rhine-Westphalia, professional aptitude is required
- 1.Language skills with which the applicant can usually effortlessly understand practically everything he or she hears or reads, can express himself spontaneously, very fluently and precisely and also make finer nuances of meaning clear in more complex matters, both in the German as well as in the foreign language, and
- 2. Good knowledge of German legal language.
The applicants have to prove their personal and professional suitability by submitting suitable documents. The documents to be submitted about language skills should also enable an assessment of language mediation knowledge and skills. A special feature is regulated in Section 36 of the North Rhine-Westphalia Justice Act: “The translator authorization and the right to invoke the general sworn oath are limited to a maximum of five years. An extension of up to five years is permissible under the conditions of § 35. "
- Rhineland-Palatinate requires language competence corresponding to level C 2 of the Common European Framework of Reference for Languages of the Council of Europe in the German and the foreign language. According to this, the applicant must understand practically everything that he hears or reads effortlessly, summarize information from various written and oral sources and be able to present reasons and explanations in a coherent presentation; In addition, it must be able to express itself spontaneously, very fluently and precisely and also be able to make finer nuances of meaning clear in more complex issues. In addition, knowledge of German legal language is required.
- In the Saarland, according to Section 6 Paragraph 3 Sentence 1 No. 4, the (professional) "aptitude through a state or state-recognized examination" must be proven. According to sentence 2, this requirement can be waived “if the aptitude is adequately proven in another way.” The Saarland Professional Qualification Assessment Act (Section 6a) applies to professional qualifications acquired abroad.
- In Saxony, Section 2, Paragraph 1, No. 4 of the Saxon Interpreters Act requires proof of professional qualification. Section 11 of the Act empowers the State Ministry of Culture, in agreement with the State Ministry of Justice, to regulate the examination and recognition of examinations for interpreters and translators by means of an ordinance. This is done in the Saxon Interpreter Ordinance - SächsDolmVO . The verification is carried out
- 1. a certificate issued by an examination authority named in Annex 3 confirming that the state examination for interpreters has been passed,
- 2. a certificate obtained in the Federal Republic of Germany confirming the successful completion of a university degree as an interpreter with a standard period of at least 7 semesters,
- 3. a certificate obtained on the basis of the law applicable in the area specified in Article 3 of the Unification Agreement before October 3, 1990, about the successful completion of a university course as a qualified linguist or interpreter or about the successful completion of a technical college course as a language mediator or interpreter,
- 4. a certificate obtained outside of the Federal Republic of Germany confirming the successful completion of a language-related university degree, provided that the State Ministry for Science and Art has recognized this as equivalent to the degrees according to numbers 2 or 3 or
- 5. a decision on the award of professional aptitude without an examination in accordance with Section 11, Paragraph 2, Clause 2, No. 4 of the SächsDolmG.
- According to the law of the state of Saxony-Anhalt, professional suitability is a prerequisite for being sworn in. The documents and evidence required to prove professional suitability and reliability must be attached to the application. The professional qualification is who
- within the scope of the Basic Law, has completed a relevant, accredited course of study at a university as a translator or interpreter, has a degree from a university comparable to letter a, or has passed a state examination as a translator or interpreter, or
- outside the scope of the Basic Law, has completed a course of study or has passed a state examination as a translator or interpreter who is equivalent.
Further details are regulated by an ordinance issued by the ministry responsible for general and vocational schools.
- In Schleswig-Holstein the following is required for professional suitability:
- Sufficient language skills, which must be proven by a state-recognized interpreter or translator test or a comparable qualification. The language skills require in particular that the applicant is able to express himself clearly, structured and in detail on complex issues.
- Good knowledge of German legal language.
The professional suitability must be proven by submitting suitable documents. Evidence can also be provided through at least five years of unobjectionable professional activity as a language mediator.
- In Thuringia, the professional suitability must be proven by
- a certificate of successful completion of an interpreting or translation course at a university or
- a certificate of a passed state or state-recognized interpreter or translator examination.
Table overview
The basis is the respective implementing laws for the GVG or your own interpreting laws. In North Rhine-Westphalia the regulations are integrated into the Justice Act. There is still no legal regulation in Bremen.
List of sworn interpreters
With the interpreter and translator database, the state justice administrations have created a platform for information about the sworn, publicly appointed or generally authorized interpreters and translators in the individual states of the Federal Republic of Germany. After being sworn in, the interpreters are entered in the database by the responsible state authorities. You can u. a. search for interpreters for specific languages and get more details by linking to their websites. The database serves to create transparency. This directory is published on the justice portal of the federal and state governments. According to a general ruling by the Ministry of Justice of the State of North Rhine-Westphalia , the courts and public prosecutors there must generally access this directory when selecting interpreters and translators.
Legal nature of the general oath
The general swearing-in is a favoring (ascertaining) administrative act to which the Administrative Procedure Act applies, not a judicial administrative act according to §§ 23 ff. Introductory Act to the Courts Constitution Act (EGGVG). The Federal Administrative Court stated:
“The acceptance of the oath is therefore always based on the - not express, but analogous - statement that these requirements are met in the person of the person sworn in. The inclusion of the sworn person in the list of sworn interpreters following the swearing-in not only expresses the fact of the sworn-in but also - if not primarily - the official statement that this person is capable to perform the tasks assigned to it reliably and appropriately and is therefore generally available to the courts and notaries' offices for this purpose. The swearing does not differ significantly from the public appointment of experts according to § 36 Paragraph 1 Clause 1 GewO (on this rulings of 6 November 1959 - BVerwG 1 C 204.58 - Buchholz 451.20 § 36 GewO No. 2 p. 8 and dated June 26, 1990 - BVerwG 1 C 10.88 - Buchholz 451.20 § 36 GewO No. 9 sentence 2) awarded the sworn person a special qualification. Similar to the public appointment, the general swearing-in of interpreters contains the determination of personal reliability and professional suitability and thus the recognition of special qualifications. "
Temporary services
Interpreters and translators who are legally established in another member state of the European Union or in another signatory state to the Agreement on the European Economic Area to carry out an interpreting or comparable activity are permitted to perform this activity in the territory of the respective country with the same rights and obligations as temporarily and occasionally exercise a person registered in the directory of sworn interpreters and authorized translators (temporary services).
Transitional arrangements
When the legal provisions were revised, a decision also had to be made as to whether interpreters who had previously been sworn generally had to undergo another test of their professional and / or personal suitability. This was regulated differently in the countries:
- § 11 of the Hessian law regulates the complete safeguarding of the vested rights: "At the time this law comes into force, general oaths and authorizations are considered general oaths and authorizations within the meaning of this law and remain in effect to the extent granted." 1 DolmG MV and § 27. S. 1 ThürAGGVG, § 11 Hamburgisches Dolmetschergesetz - HmbDolmG, § 10 of the Rhineland-Palatinate LDÜJG, § 14 SächsDolmG, § 12 DolmG LSA, § 10 Judicial Interpreter Act - JustizDolmG of Schleswig-Holstein.
- In section 29 sentence 3 of the Berlin AGGVG, a transitional regulation stipulated: “A renewed review of professional suitability will not take place.” Section 8 (1) of the Brandenburg Interpreters Act (BbgDolmG) is comparable.
- The following applies in Baden-Württemberg: The effect of a general swearing-in as a liaison interpreter and appointment as a document translator, which took place before this law came into force, is maintained for a period of five years in its previous scope (Section 46 AGGVG). In North Rhine-Westphalia the following was regulated: authorizations of translators and rights to invoke the general oath that were issued before this law came into force continue to apply in their current status, but expire at the end of December 31, 2010 at the latest. According to Section 31 of the Lower Saxony Judicial Act, all general sworn oaths by interpreters that were carried out before January 1, 2011, expire on December 31, 2015. These countries require that interpreters who want to continue to work as sworn in court must submit a new proof of qualification and, if necessary, have to take a new examination, even if they have been working for decades without complaints. Whether this corresponds to the German and Union law requirement of necessity has not yet been decided by a court.
Web links
- Interpreter and translator database
- Synopsis of the state regulations ( Memento from August 26, 2014 in the Internet Archive ) (PDF)
Individual evidence
- ↑ Sections without a statute are those of the GVG.
- ^ Announcement of the Hanover Regional Court. ( Memento of the original from August 26, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Decision of the 2nd Chamber of the First Senate of the Federal Constitutional Court on May 3, 1999.
- ↑ BVerwG, ruling of January 16, 2007.
- ^ VO of the Justice Administration for Justice of January 27, 2010, GVBl. P. 31. ( Memento of September 24, 2015 in the Internet Archive ) (PDF)
- ↑ VO of January 23, 2007, HmbGVBl. 2007, p. 11, amended by Article 14 of the law of December 15, 2009 (HmbGVBl. Pp. 444, 448).
- ↑ Legal text: Hessian interpreters and translators law (DolmG HE)
- ↑ Ordinance on the proof of the professional qualification of the interpreter or translator
- ↑ Implementation of the Interpreters Act - administrative regulation of the Ministry of Justice.
- ↑ Information sheet on participation in a state examination in accordance with the Interpreter Examination Ordinance ( Memento from March 5, 2016 in the Internet Archive ) (PDF)
- ↑ Interpreters and translators | Hanover Regional Court. (No longer available online.) Archived from the original on January 4, 2018 ; accessed on January 3, 2018 (German). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Ministry of the Interior and Local Affairs of the State of North Rhine-Westphalia, Section 56: Laws and Ordinances | State law NRW. In : recht.nrw.de. Retrieved October 29, 2016 .
- ↑ For the European legal admissibility of the period of validity of a license see Art. 11 of the Directive 2006/123 / EG on services in the internal market.
- ↑ Requirements also apply to translators and sign language interpreters.
- ↑ Saxony-Anhalt Interpreting Act.
- ↑ BDÜ website ( Memento from August 26, 2014 in the Internet Archive )
- ↑ VORIS NJG | State standard Lower Saxony | Complete edition | Lower Saxony Justice Act (NJG) of December 16, 2014 | valid from: December 31, 2014. Retrieved January 3, 2018 .
- ↑ Interpreter and translator database.
- ^ Justice Ministerial Gazette for the State of North Rhine-Westphalia. Ministry of Justice of the State of North Rhine-Westphalia, accessed on October 24, 2016 .
- ↑ BVerwG, judgment of January 16, 2007.
- ↑ Section 9 of the Justizdolmetschergesetz - JustizDolmG, comparable to the legal regulations of the other federal states.
- ↑ § 11 S. 1 of Art. 1 of the Act on Interpreters and Translators and on the Storage of Written Material in the Justice of the State of North Rhine-Westphalia, Journal of Laws p. 125.
- ↑ The transitional regulation only mentions the translator, not the interpreter.
