On the Registers of Legal Translators: What Can Be Learnt from Previous Experiences

1. On the Registers of Legal Translators: What Can Be Learnt from Previous Experiences • The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Commission. Francisco Vigier

3. On the Registers of Legal Translators: What Can Be Learnt from Previous Experiences • Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings • Previous registers of translators • Traductores-Intérpretes Jurados (Spain) • Traductores Públicos (Argentina) • Conclusions and discussion

4. Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings • Article 3 • “Member States shall ensure that […] suspected or accused persons have […] the possibility to complain that the quality of the translation is not sufficient to safeguard the fairness of the proceedings” • “Translation provided under this Article shall be of a quality sufficient to safeguard the fairness of the proceedings[…]” • Article 5 • “In order to promote the adequacy of interpretation and translation and efficient access thereto, Member States shall endeavour to establish a register or registers of independent translators and interpreters who are appropriately qualified. Once established, such register or registers shall, where appropriate, be made available to legal counsel and relevant authorities”

5. Previous experiences regarding registers of translators in Spain and Argentina • Traductores-Intérpretes Jurados (Spain) • Long-standing profession (first exams in 1851) • A TIJ is authorised to carry out official translations and interpretations to and from Spanish • Access is strictly regulated, but the profession itself is unregulated • Mostly practising in civil courts for private clients • Traductores Públicos (Argentina) • Long-standing profession (first credential awarded in 1868) • Profession clearly regulated by Argentinian law • Authorised to carry out official translations but also to act as court interpreters • Most practise translation as freelancers (some as in-house translators for government agencies)

6. Characteristics of the register • Scope • Should it include only translators – or interpreters too? • One qualification (both translating and interpreting) • One qualification (both translating and interpreting) • Three different qualifications (sworn translator, sworn interpreter and sworn translator-interpreter)

7. Characteristics of the register (2) • Entry criteria • What should ‘appropriately qualified’ entail? • Exams set by the Ministry of Foreign Affairs • University degree in Public Translation • Different requirements for each of the three statuses • (qualification + professional experience) 7

8. Characteristics of the register (3) • Membership status • Should there be only one status for members? • Full status • Full status • Full status (qualification + 400 hours), interim status (qualification or degree + 400 hours) or rare language (CPE + CPD + 100 hours) 8

9. Characteristics of the register (4) • Duration • Should commission be for life – or renewed periodically? • Lifelong appointment • Lifelong appointment • (North Rhein-Westphalia) Renewed every five years 9

10. Characteristics of the register (5) • Fees • Should fees be fixed? • Fees set freely • Fees set freely, but recommendations by professional associations 10

11. Characteristics of the register (6) • Conduct and Monitoring System • Should registered translators abide by a (specific) code of conduct – and be subjected to disciplinary measures in case of malpractice? • No specific code of ethics; disciplinary measures taken by the Ministry of Foreign Affairs • Code of Ethics; disciplinary measures taken by the Conduct Board of the Colegio de Traductores Públicos • Code of Professional Conduct; disciplinary procedures by the NRPSI’s Disciplinary Committee 11

12. Characteristics of the register (7) • Continuous Professional Development • Should there be CPD obligations? • No further education required • No further education required • (NRW) Competence in the foreign language and legal German 12

13. Conclusions and discussion • Professional registers aim at guaranteeing the quality of the service provided as well as at promoting the profession concerned • The accreditation system must ensure that translators are duly qualified: • Either exams (domain-referenced; basic standards of reliability and validity) or diploma* (appropriately designed and evaluated; teacher selection) • Transparency(information to candidates, grievance procedures and performance reviews) 13

14. Conclusions and discussion (2) • Combining translation and interpreting may cause confusion • Registers preferably run by non-profit organisations (governmental agency or professional association) rather than profit entities • All language pairs must be catered for: • Major language pairs (education requirements) • Minor language pairs (special membership status – or provisions) 14

15. Conclusions and discussion (3) • Clear control/monitoring mechanisms for professional practice • CPD requirements (courses, seminars, self-certification…) • Clear regulation and close cooperation between all stakeholders unquestionablycontributes to: • Guaranteeing the quality of the service required • Providing certainty for professionals and users • Consolidating the profession 15

16. Thank you for your attention Francisco Vigier francisco.vigier@uah.es On the Registers of Legal Translators: What Can Be Learnt from Previous Experiences