3. Right to interpretation and translation
Article 1 establishes what appears to be a general right to interpretation and translation applicable
throughout criminal proceedings:
Article 1 – subject matter and scope
‘1. This Directive lays down rules concerning the right to interpretation and translation
in criminal proceedings (…).
2. The right referred to in paragraph 1 shall apply to persons from the time that they
are made aware by the competent authorities of a Member State, by official
notification or otherwise, that they are suspected or accused of having committed a
criminal offence until the conclusion of the proceedings [...]’
We would refer back to the ‘Using EU Law in Practice’ Toolkit and suggest that this provision
provides initial evidence that what is intended with the Directives is to give individuals specific
‘rights’ which can be invoked at the national level. We would also refer you to Part IV of the Toolkit
on the Right to Information Directive, where we have covered the question of the application of that
Directive to persons other than those formally made aware of their status as suspects. The same
considerations apply here: if a person is, objectively, a suspect, they are entitled to the rights the
Directive confers even if under national law they have not formally been placed under investigation.
Beyond this, we refer you to the relevant parts of this Toolkit for discussion of the substantive
provisions of the Directive.
D. PREPARATORY WORK FOR USING THE DIRECTIVE
Before considering the practical situations in which you might want to rely on the Directive, it is
advisable for you to do some background work to ensure you have the right legal and other
materials in mind when approaching questions under the Directive.
1. Examine national law and practice in light of the Directive
The process of interpretation and translation in your jurisdiction may be second nature to you as a
practising lawyer. However, it is worth taking a step back and examining the legislative and practical
picture again in light of the Directive. There may have been new amendments made recently to
implement the Directive, and it will be helpful to look at the relevant provisions from the perspective
of the Directive’s requirements as this will help you form an initial view as to where issues of
compliance may arise.
Use any systems available in your national system for identifying the relevant provisions. From the
EU perspective, there is a systematic (but imperfect) way to identify the relevant legislation through
the ‘Eur-Lex’ database which stores or links to all EU legislation and case-law, and increasingly
national law and case-law too. Here is a brief indication of how to use this system to find legislation
considered by the government of your Member State to ensure compliance with the Directive:
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