Law on the reform of criminal law:
Impact on court interpreters
At the mention of check cards, some may frown and pull out their cell phones to Google the term. Yes, these no longer exist. But the abuse of the same is still listed as a criminal offense in the German Criminal Code (StGB) in 2019, as is deportation to the German Democratic Republic, which ceased to exist more than 30 years ago. At the end of 2019, long outdated and redundant facts like these are scheduled to disappear from the criminal code with the Criminal Code Reform Act. The Bundestag passed the law on the Moralization of Criminal Law.
Law on Court Interpreters - GDolmG
Among other things, the law reform also introduces new regulations for the general swearing-in of court interpreters. The new Court Interpreters Act was published in the Federal Law Gazette Year 2019 Part I No. 46 on December 12, 2019.
What has changed?
The new law provides that the requirements for the swearing in of court interpreters, which currently vary from state to state, will be standardized at the federal level. In this context, the requirements regarding the professional qualification of court interpreters for general swearing-in were redefined.
Under Art. 6 of the Act on Modernization of Criminal Procedure, the new Act on General Swearing-in of Court Interpreters (Court Interpreters Act – GDolmG) was published. According to section 3 (2) of the GDolmG “Antrag auf allgemeine Beeidigung” (Application for general swearing-in), the necessary prerequisites are redefined, which, unlike before, are now to apply nationwide and are to be uniform in all federal states.
Requirements
The requirements for general swearing in are met by individuals who, among other things, have taken and passed an interpreting examination of a state or state-recognized examination office or a university in Germany or have taken an interpreting examination abroad that is considered equivalent in Germany. If these two criteria are not met, the following alternative qualifications may be submitted and used for a decision in accordance with section 4 of the GDolmG:
- A certificate of successful completion of language studies at a recognized university abroad. It is not necessary for the degree to be recognized in Germany.
- A nationally recognized C2 language certificate of the European Framework of Reference.
- A high school diploma or a certificate of a comparable degree from the home country.
- A certificate from the Chamber of Industry and Commerce confirming successful completion of further training as a certified translator or certified interpreter.
In case of doubt, an entrance qualification test is required.
Limitations on Being Sworn-in
Section 7 of the GDolmG also provides for a time limit on the general swearing-in. This amounts to five years. However, court interpreters may request an extension for an additional five years if the requirements continue to be met.
The Higher Regional Court or the Regional Court in whose region the interpreter is resident or has their place of business shall remain responsible for the general swearing-in (§ 2 GDolmG). In Berlin, the Court of Appeal continues to have jurisdiction.
Reception
Opinions among interpreters are divided on the new legislation. On the one hand, professional titles such as “interpreter” and “language mediator” are not protected terms. This means that anyone can call themselves an interpreter or language mediator. The term “court interpreter,” on the other hand, is now protected and linked to clear qualifications. This is an important step toward uniform quality standards, which should ensure that the quality of language mediation in the justice system improves.
Standardized examination requirements also reduce “examination tourism”—for example, when examinations are considered easier in some states or when certain qualifications are recognized that are not sufficient in other federal states.
On the other hand, however, one of the criticisms is the lack of protection for experienced colleagues who have been interpreting successfully for the judiciary for decades. They are now at risk of losing their certification because they have never taken an exam. Older colleagues in particular, who speak rare languages for which there is little demand or who only interpret on a part-time basis, tend to give up interpreting because the process of re-certification and examination is too much effort for them. Even colleagues who speak several related languages and are certified for them—such as Bosnian, Croatian, Montenegrin, and Serbian—are seriously considering only getting certified for their main language to save time and exam fees.
Since certifications have always been temporary in some federal states, many interpreters have already lost their certifications and currently see either no possibility or no need to reapply for them. Unfortunately, there is no transition period for them, while colleagues in other federal states still have a certain grace period.
In the future, there will likely be a significant shortage of skilled professionals in the field of specialized interpreting when a wave of certified interpreters retire from court interpreting. For many, this will mean early retirement and, at the same time, make it more difficult to find qualified interpreters. It is therefore no coincidence that the professional association Assoziierte Dolmetscher und Übersetzer in Norddeutschland e.V. (ADÜ Nord) has filed a lawsuit against the GDolmG. It remains to be seen how the process will continue after the Federal Constitutional Court’s decision not to accept the case and whether the law will remain in its current form.
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The new Law on Court Interpreters GDolmG will finally come into force on July 01, 2021.
