1. EULITA / Liese Katschinka Copyright 2014 The Legal Interpreter Versus The Legal Translator Liese Katschinka, EULITA

2. EULITA / Liese Katschinka Copyright 2014 What is so special about legal translation? -Legal discourse gives rise to legal effects -Law is a system-bound discipline -Requirements on fidelity are higher than in other areas -Legal texts are characterized by ambiguity and interpretation.

3. EULITA / Liese Katschinka Copyright 2014 Different types of legal translators: Freelance / staff translators -for multinational companies -of law firms -of government ministries -at international organisations

4. EULITA / Liese Katschinka Copyright 2014 Different types of legal translators: -lawyer-linguists -co-drafters of laws in multilingual countries and - legal translators in judicial settings

5. EULITA / Liese Katschinka Copyright 2014 Definition: Legal translators are translators of legal texts (also called court interpreters/ translators, certified/authorized court interpreters/translators, sworn interpreters/ translators, etc.) such as civil status documents, essential (court) documents, evidentiary material, other texts relevant to investigative and judicial proceedings.

6. EULITA / Liese Katschinka Copyright 2014 Different opinions: Legal interpreter and legal translator? Legal interpreter or legal translator?

7. EULITA / Liese Katschinka Copyright 2014 Vademecum ECBA/EULITA on communication between legal interpreters and other judicial stakeholders (E, F, etc.) new: QUALETRA Vademecum on communication between legal translators and other judicial stakeholders (E)

8. EULITA / Liese Katschinka Copyright 2014 Vademecum on communication between legal interpreters and other judicial stakeholders – - for magistrates, prosecutors, attorneys and legal interpreters  an attempt to smoothen the cooperation between them ( Directive 2010/64 EU, Article 6 )

9. EULITA / Liese Katschinka Copyright 2014 Select qualified interpreter (if not available check skills) Brief interpreter on case in question Arrange for suitable seating in courtroom Introduce actors in courtroom Provide interpreter with written documents presented during hearing

10. EULITA / Liese Katschinka Copyright 2014 6)Admit interpretation for foreign party during evidence-taking, examination of witnesses 7)interrupt interpreting performance of interpreter 8)Allow for sufficient breaks during hearings 9)Don‘t confer judicial tasks on interpreter 10)Admit cultural expertise from interpreter

11. EULITA / Liese Katschinka Copyright 2014 VADEMECUM for users of legal translations Definition: Legal translators are translators of legal texts (also called court interpreters/translators, certified/authorized court interpreters/translators, sworn interpreters/translators, etc.) such as civil status documents, essential (court) documents, evidentiary material, other texts relevant to investigative and judicial proceedings.

12. EULITA / Liese Katschinka Copyright 2014 1) Legal translators are usually required to work not only into their mother tongue but also into their foreign language (s). Special attention must therefore be paid to their translator qualifications.

13. EULITA / Liese Katschinka Copyright 2014 2) Some EU member states require translators to become authorized / certified before entrusting legal translation assignments to them. Their linguistic and legal expertise is checked in the admission test/examination to establish their qualifications.

14. EULITA / Liese Katschinka Copyright 2014 3) Especially in case of translations into a foreign language, the four-eyes principle should be applied, i.e. requiring legal translators to have their translation checked by another qualified translator. Users of legal translations need not have any reservations concerning confidentiality, as legal translators must/should abide by a strict code of ethics.

15. EULITA / Liese Katschinka Copyright 2014 4) Legal translators should be able to have access to the relevant material of a translation assignment in order to be aware of the content of, and terminology used in a specific context. (Agencies, in particular, should not prevent legal translators from having direct access to the relevant material.)

16. EULITA / Liese Katschinka Copyright 2014 5) When assigning translations, users of legal translations should fix reasonable delivery times that enable legal translators to engage in all necessary research and produce translations of high quality at reasonable working hours.

17. EULITA / Liese Katschinka Copyright 2014 6) Legal translators usually abide by a code of ethics on account of their admission/authorization/certification or their membership in professional associations which requires them to observe strict ethical rules in the exercise of their profession (e.g. confidentiality, professionalism, etc.)

18. EULITA / Liese Katschinka Copyright 2014 7) Legal translators appreciate feedback from their clients on their delivered translations. This interaction between users and legal translators contributes towards further improving translation quality and establishes a constructive working relationship between them.

19. EULITA / Liese Katschinka Copyright 2014 8) The legal systems of EU member states are very different. There is therefore never full concordance of legal concepts. Legal translators are aware of these differences and should therefore be free to take account of this fact and provide readers with terminological comments, if necessary.

20. EULITA / Liese Katschinka Copyright 2014 9) The authors of legal texts that are eventually translated should be aware of the fact that the legal systems of other countries are different from their own system and therefore use straightforward language that will enable translators and readers to more readily understand the translated text. (EU and/or national efforts to standardize legal text modules should be supported.)

21. EULITA / Liese Katschinka Copyright 2014 10) The work of legal translators should be adequately remunerated. Whenever countries enact rate/fee schedules they should make allowances for surcharges for difficult texts, express delivery and special working hours (night-time, weekends and holidays).

22. EULITA / Liese Katschinka Copyright 2014 Any questions? Thank you for your attention! www.eulita.eu info@eulita.eu