Brussels, 07/05/2015 (Agence Europe) - An individual facing legal action in a member state other than his or her own should be able to benefit from the assistance of an interpreter for the purposes of an appeal, including in writing, in the language of that state, Advocate General Yves Bot concluded on Thursday 7 May before the Court of Justice of the EU.
The directive (2010/64/EU) on the right to interpretation and translation in the framework of criminal proceedings provides for the assistance of an interpreter if the person facing the charges is unable to speak the language of the proceedings. Does this right apply only to the oral stage of the proceedings?
This is the question (case C-218/14) the Court of Justice was asked by a German court in order to determine whether a Romanian national, who was taken to court in Germany for traffic offences, can be forced to produce a written statement in the German language.
In answer to this question, Bot found that the right to interpretation is not manifested solely by oral assistance, but can also take the form of written translation. This means that the individual should be able to benefit from the assistance of an interpreter in order to produce a written statement.
Additionally, under the German proceedings, the order detailing a fine against the individual charged must be submitted to representatives of that person in Germany, if he or she does not reside in the country. An appeal against this order can be brought, but this has to be done within two weeks.
On the basis of the directive (2012/13/EU) on the right to information in the framework of criminal proceedings, Bot found that this mechanism should not lead to the individual effectively being given a shorter timeframe than that provided for, i.e. two weeks in Germany, to respect everybody's right to be informed about the accusation made against them.
There is currently the risk that this period will not be respected in Germany, as it runs from the date on which the representatives receive the order, who then have to post it to the individual. (Jan Kordys)