The right to interpretation and translation within criminal proceedings in the European Union. Comparative examination. Critical opinions Cover Image

The right to interpretation and translation within criminal proceedings in the European Union. Comparative examination. Critical opinions
The right to interpretation and translation within criminal proceedings in the European Union. Comparative examination. Critical opinions

Author(s): Bogdan Bîrzu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: suspect; accused; offense; criminal proceedings; the right to a fair trial

Summary/Abstract: In the present study we have examined the Directive 2010/64/EU of the European Parliament and the Council, the European legal instrument governing the right to interpretation and translation within criminal proceedings in the European Union. The innovations in this paper concern the examination of the regulatory way of the mentioned two rights, the formulated critical opinions and the proposals of de lege ferenda. The valueof the paper lies in the de lege ferenda proposals, which that can contribute to improvingthe system of European legislation in the field, which in the constant interpretation of the ECHR it also requires respecting the right to interpretation and translation in ongoing criminal proceedings. Also, the examination highlights the importance and necessity ofadopting this European legal instrument regarding the harmonization of the national lawsin terms of compulsoriness and the procedure for complying with the two rights to which we referred, in case where the suspect or the accused is to be judged of the territory of a Member State other than his State of origin. The work can be useful to theorists, practitioners and to the European legislator from the perspective of operating the suggested changes.

  • Issue Year: 6/2016
  • Issue No: 11
  • Page Range: 137-147
  • Page Count: 11
  • Language: English