Identify the relevant national legislation
Go to http://eur-lex.europa.eu and choose your language;
In the section ‘search by document reference’ (or the equivalent in your language)
type ‘2010’ in the ‘Year’ field and ‘64’ in the ‘Number’ field, and click the
‘Directive’ box (searching for Directive 2010/64/EU);
This will return a link with the full title of the Directive. Click on this;
In the display, you will see the text of the directive and a table with links to several
language versions. Above this, there are tabs, one of which is called ‘Linked
documents’ (or the equivalent in your language). Click on this;
Further down the page you will see an option saying ‘Display the national
implementing measures: NIM’, a link to the implementing laws of each country.
Click on this;
Scroll through the list of results until you see the name of your Member State
appear as the ‘author’, with the title of the legislation in question. The results will
include new implementing measures and references to old laws covering the
relevant topic. Scroll down and find the entries which are relevant to your country.
We suggest that you review your national legislation, bearing in mind your understanding of how it
operates in practice, to establish how the Directive is being applied on the ground in your
jurisdiction. The key questions, we would suggest, are these:
Examine national law and procedure in light of the Directive
Interpretation
What mechanism is there in place for ascertaining whether a suspect/ accused
needs interpretation and what factors are taken into account?
Which are the authorities competent for making that assessment at the different
stages of criminal proceedings?
What governs the selection of an interpreter? Is there a register or official
guidance?
If the suspect / accused objects to a decision concerning interpretation, what
mechanism is available to challenge it?
Translation
What documents are required to be translated?
Are documents translated in full and in writing, or is recourse had to oral
explanations of documents or the translation of only parts of the documents?
What criteria apply?
If the suspect / accused objects to a decision concerning translation of documents,
what mechanism is available to challenge it?
Quality requirements
What systems in place for measuring the quality of interpretation and translation?
What system is available for raising a complaint as to quality?
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