EU justice ministers approve law ensuring translation in criminal proceedings

The law is the first ever EU measure setting common minimum standards for the rights of the defence in criminal matters.

The law guarantees the right of suspects to obtain interpretation throughout criminal proceedings, including when receiving legal advice, in their own language in all courts in the EU.

This is a long overdue first measure to ensure a fair trial for everyone throughout the entire EU. The law is the first of a series of fair trial measures to set common EU standards in criminal cases. EU Member States now have three years to put the measure into their national laws.

“This is an historic moment with the approval of the first ever law on fair-trial rights for citizens. For the European Commission, this is an important first step to correct the existing imbalance between the rights of the prosecution and better and stronger rights of the defence in Europe,” said Vice-President Viviane Reding, EU Justice Commissioner.

“It will now be up to Member States to write these rules into their domestic legislation and apply them as soon as possible so that citizens can benefit from them. This is also the time to accelerate our work to ensure an effective balance between the prosecutorial power and defendants’ procedural rights. That is why I call on Parliament and Council to work on the second measure – the letter of rights – proposed by the Commission in July.”  

The measures will guarantee the right of citizens to be interviewed, to take part in hearings and to receive legal advice in their own language during any part of a criminal proceeding, in all courts in the EU.

The Commission insisted on translation and interpretation rights throughout criminal proceedings to ensure full compliance with the standards provided by the European Convention on Human Rights and the case law of the Strasbourg Court, as well as with the Charter of Fundamental Rights.

These rules will ensure citizens are provided with written translation of all essential documents, such as the charge sheet, and will be entitled to interpretation of all hearings and questioning as well as during meetings with their lawyers. Their rights cannot be waived without first receiving legal advice or full information of the consequences of waiving their rights.

Translation and interpretation costs will have to be met by the Member State, not by the suspect. Without minimum common standards to ensure fair proceedings, judicial authorities will be reluctant to send someone to face trial in another country. As a result, EU measures to fight crime – such as the European Arrest Warrant – may not be fully applied. 11,000 European arrest warrants were issued in 2007, up from 6,900 in 2005. In the Commission’s view, all such warrants should in the future be covered by EU standards on fair trial rights, including the right to interpretation and translation.

EU Member States have three years to adopt these rules, rather than the usual two years, to give authorities time to put translated information in place.