engleski

Language barriers in the criminal justice system in the European Union

Both EU and international law protect the right to interpretation and translation in criminal proceedings, which is a necessary element of a fair trial. The aim of this paper is twofold: first, to provide a general overview of the legal instruments that guarantee the right to translation and interpretation for individuals who are involved in criminal proceedings ; and second, to address the primary concerns regarding these rights by examining the particulars of the most prominent EU cases, particularly when viewed through the lens of the Convention for the Protection of Human Rights and Fundamental Freedoms and the respective EU Directive 2010/64/EU. The Directive requires EU member states to ensure that interpretation and translation services are provided free of charge, to guarantee the quality of the services, and to establish appropriate training and accreditation schemes for interpreters and translators. Nonetheless, despite these legal safeguards, there are still several concerns regarding the implementation of this right: the quality and availability of interpretation services that vary widely across EU member states, and there have been concerns about the competence and training of interpreters in some cases ; delays in providing translation and interpretation services that can also undermine the effectiveness of the right, and inconsistencies in application across EU states, compromising the coherence of the EU legal system and creating legal lacunae and legal ambiguities that hinder the full and appropriate implementation of this standard. Overall, as the research suggests, the state of affairs regarding the right to translation and interpretation in criminal proceedings in the EU is rather positive and on the upward path, as the EU has established solid legal standards and requirements to ensure that this right is protected and upheld in practice. However, challenges remain in ensuring that these standards are fully implemented and enforced in all member states. According to the research, the dynamics of previous and most recent cases can serve as a roadmap for future cases, and future requirements necessitate a more elaborate and sophisticated implementation plan.

right to interpretation and translation, Directive 2010/64/EU, human rights, language barrier, CJEU and ECHR case law

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