1. Current status of judicial interpretation and translation in Slovakia and steps to be taken concerning the transposition of the EU Directive on the right to interpretation and translation in criminal proceedings Barbora Kovacikova Division of Experts, Interpreters and Translators, Ministry of Justice of the Slovak Republic TRAFUT Training for the Future Workshop - Antwerp, 19.10.2012

2. Key points 1. 1. conformity of Act No. 382/2004 Coll. with the EU Directive on the right to interpretation and translation in criminal proceedings 2. 2. Register of Experts, Translators, and Interpreters 3. 3. legal preconditions for registration in the Register 4. 4. amendment to Act No. 382/2004 Coll. and de lege ferenda point of view

3. Transposition of the Transposition of the EU Directive on the right to interpretation and translation in criminal proceedings Government Resolution No. 182/2011, 9th March 2011 – trasposition to be made by May 2013 (e.g. amendment to the Code of Criminal Procedure etc.) Government Resolution No. 182/2011, 9th March 2011 – trasposition to be made by May 2013 (e.g. amendment to the Code of Criminal Procedure etc.) transposition to be completed in the national level by 15th July 2013 transposition to be completed in the national level by 15th July 2013

4. Conformity according to Quality of the interpretation and translation stipulated in article 2 para. 8 and article 3 para. 9 stipulated in article 2 para. 8 and article 3 para. 9 Article 5 Article 5 para. 1 concrete measures – legal preconditions for being registered in the Register para. 1 concrete measures – legal preconditions for being registered in the Register para. 2 establishment of the Register or registers of independent translators and interpreters – since 2004 para. 2 establishment of the Register or registers of independent translators and interpreters – since 2004 para. 3 – confidentiality – para. 13 of Act No. 382/2004 Coll. para. 3 – confidentiality – para. 13 of Act No. 382/2004 Coll.

5. Cost of interpretation and translation disbursed by the Slovak Republic 200620072008200920102011 390 588436 179408 397419 733519 012375 532 Total amount: 2 539 444 EUR* *according to the statistics of the Ministry of the Interior

6. Concept of interpreter and translator natural (or legal) person empowered by the state to perform activities in accordance with Act No. 382/2004 Coll. who is: natural (or legal) person empowered by the state to perform activities in accordance with Act No. 382/2004 Coll. who is: a) registered in the Register of Experts, Translators, and Interpreters b) not registered in the Register, when appointed in accordance with par. 15 of Act No. 382/2004 Coll., the so-called „ad hoc“ interpreter and translator

7. Register of Experts, Translators, and Interpreters since 2004 since 2004 administrated by the Ministry of Justice in the electronic form available on the web site (jaspi.justice.gov.sk) administrated by the Ministry of Justice in the electronic form available on the web site (jaspi.justice.gov.sk) search by - registered persons, fields of expertise or languages; deleted persons also available search by - registered persons, fields of expertise or languages; deleted persons also available data registered in the Register are publicly available free of charge data registered in the Register are publicly available free of charge

8. Register of Experts, Translators, and Interpreters section experts interpreteres translators domain in alphabetical order section of interpreters and translators – domains according to the languages ( Slovak – English, Slovak – Polish etc.) specialization only in expertise

9. 51 domains of expertise with aproximately 270 specialisations and 49 languages Experts: 2789 Interpreters: 244 Translators: 829 formerly administered by 8 regional courts formerly administered by 8 regional courts

10. Legal preconditions for registration in the Register natural or legal person fulfiling legaly defined preconditions has a legal right to be registered in the Register natural or legal person fulfiling legaly defined preconditions has a legal right to be registered in the Register the Ministry of Justice registers a natural person within 60 days from receiving a written application, if: the Ministry of Justice registers a natural person within 60 days from receiving a written application, if:

11. full cappability of legal action full cappability of legal action integrity – the one who has not been convicted integrity – the one who has not been convicted erudition in the field – education acquired in the domain to be registered in the Register erudition in the field – education acquired in the domain to be registered in the Register completion of the basic legal competence of interpreter or/and translator connected with the performance of (legal) interpreting and/or translating, completion of the basic legal competence of interpreter or/and translator connected with the performance of (legal) interpreting and/or translating,

12. practice in the field – the domain to be registered in the Register at least 5 years (experts - 7 years) practice in the field – the domain to be registered in the Register at least 5 years (experts - 7 years) exam in the field/domain to be registered in the Register proving the interpreter´s or the translator´s competence, exam in the field/domain to be registered in the Register proving the interpreter´s or the translator´s competence, material equipment sufficient for the performance of the interpreter and/or translator material equipment sufficient for the performance of the interpreter and/or translator swear an oath of the interpreter and translator swear an oath of the interpreter and translator

13. Amendment to Act No. 382/2004 Coll. – Interpreters and Translators who should be a legal interpreter or translator (education, practise, skills) in order to maintain high quality of performance who should be a legal interpreter or translator (education, practise, skills) in order to maintain high quality of performance consideration of obligatory education in the field of legal interpreting and translating to acquired specialized skills as a precondition to registration consideration of obligatory education in the field of legal interpreting and translating to acquired specialized skills as a precondition to registration interpreter and translator as an expert in the field of interpreting and translating interpreter and translator as an expert in the field of interpreting and translating

14. verification of the interpreter´s and translator´s erudition in the field (on the basis of written traslations etc.) every 5 years/after legitimate complaint verification of the interpreter´s and translator´s erudition in the field (on the basis of written traslations etc.) every 5 years/after legitimate complaint

15. Thank you for your attention. barbora.kovacikova@justice.sk