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Certification requirements and legal remedies: Nordrhein-Westfalen

Landeswappen von Nordrhein-Westfalen

Excerpts from the Law on Justice in the State of North Rhine-Westphalia (Justizgesetz Nordrhein-Westfalen - JustG NRW), Article 1, Part 2, Chapter 1, Section 2 regarding translators and sign language interpreters

§33
Translators

  1. For the translation of written language for any purpose of legal courts and public prosecution, translators are authorised (Section 142 subsection 3 of the German Code of Civil Procedure (Zivilprozessordnung, ZPO).
  2. Provisions of Sections 3, 4, 5 Subsections 3 and 4 and Sections 7 to 10 of the German Court Interpreters Act (Gerichtsdolmetschergesetz, GDolmG) dated 10 December 2019 (BGBl. I p. 2121) as last amended by the law dated 25 June 2021 (BGBl. I p. 2099) in the respectively applicable version shall apply to the authorisation. Interpreter examination and examination for the interpreter profession shall be replaced by the relevant examination for translators.
  3. Translators shall be obligated to maintain secrecy, and shall be instructed in the directives for maintaining confidentiality in tax matters (Section 30 Fee Ordinance (Abgabenordnung, AO). Section 1 subsections 2 and 3 of the Obligation Code (Verpflichtungsgesetz) shall apply accordingly.
  4. The authorization as translator shall also include the right to certify the accuracy and completeness of translations. This shall also apply to any previously written translations which are presented for a review of accuracy and completeness. The translator shall be obligated to carefully safeguard the documents entrusted to him/her, and not to disclose the contents of same to any unauthorized persons.
  5. The authorized translator shall be obligated to record their personal signature before the President of the Regional Court (cognizant pursuant to Section 36 subsection 2). The President of the Regional Court is then able to certify – upon request – that the signature originated from the translator and that he/she was assigned to generate such translations.
  6. Any person authorised under Subsection 1 shall be entitled to use the title “Translator for (specify the language(s) for which the authorisation is granted) Authorised by the President of the Higher Regional Court (specify the location)”.

§34
Rights and Obligations

  1. The accuracy and completeness of written language mediation shall be certified by the translator. The wording of the certification note shall be:
  2. „This is to certify the accuracy and completeness of the above translation from the ... language.

    City, date, signature.

    From the President of the Higher Regional Court in (location) authorized translator for …”

  3. The certification shall be placed on the translation itself and shall be signed. The certification shall identify whether or not the translated document is an original and if only parts of the document have been translated. It shall identify all particulars of the translated document, especially any illegible words, changes or omissions unless they are already included in the translation itself. The certification may also be provided in electronic form (Section 126a German Civil Code (Bürgerliches Gesetzbuch, BGB), Section 3a Administrative Procedure Code for the State of North Rhine-Westphalia (Verwaltungsverfahrensgesetz für das Land Nordrhein-Westfalen, VwVfG NRW)).
  4. Subsections (1) and (2) shall apply accordingly if any translation prepared by someone else is presented for a review of accuracy and completeness.

§35
Sign Language Interpreters

  1. For the transmission of spoken language to sign language and vice versa for any purpose of legal courts and public prosecution, sign language interpreters are generally sworn (Section 189 of the German Courts Constitution Act (Gerichtsverfassungsgesetz, GVG)).
  2. Provisions of Sections 3 to 5 and Sections 7 to 10 of the German Court Interpreters Act in the respectively applicable version shall apply to the general swearing-in.
  3. Sign language interpreters shall be obligated to maintain secrecy, and shall be instructed in the directives for maintaining confidentiality in tax matters (§ 30 Fee Ordinance). § 1 Sect. 2 and 3 of the Obligation Code shall apply accordingly.
  4. Any person generally sworn in under Subsection 1 shall be entitled to use the title “Generally Sworn Interpreter for the Sign Language”.

§36
Responsibility

  1. Without prejudice to the provisions of Subsection 2, for the functions under the provisions of this passage the president of the Higher Regional Court shall be responsible in whose district the applicant has his or her residence; in the absence of any such residence the location where the person is professionally established shall be applicable. In case the applicant has neither residence nor is professionally established in North-Rhine-Westphalia, the president of the Higher Regional Court shall be responsible in whose district the applicant would primarily like to pursue his or her business activities. The procedure can be executed by a single authority.
  2. The tasks pursuant to Section 33 subsection 1 and Section 35 subsection 1 shall be handled by the President of the Regional Court. Local responsibility shall be governed by subsection 1 accordingly.

§37
Administrative Offence

  1. Any person shall commit an administrative offence
    1. who describes himself/herself as a generally sworn-in sign language interpreter or authorized translator for a language without being authorized to do so, or
    2. carries a title which can easily be confused with the one described under No. 1.
  2. The administrative offence may be subject to a penalty or monetary fine up to EUR 3,000.
  3. The administrative authority in the sense of Section 36 subsection 1 No. 1 of the Law on Administrative Offences (Gesetz über Ordnungswidrigkeiten, OWiG) shall be the State Attorney’s Office.

§38
Costs

For official acts carried out under this passage, costs shall be charged under the provisions of part 4 chapter 2 - Costs of Judicial Administration.

§39
Temporary Servicess

  1. Translators and Sign language interpreters who are authorized and permitted to perform the duties of an activity specified in Section 33 subsection 1 or Section 35 subsection 1 (or comparable activity) in another member state of the European Union, in another contract state of the Agreement on the European Economic Zone, may temporarily and occasionally exercise the same services (temporary services) in North Rhine-Westphalia as those persons entered in the joint database under Section 9 subsection 2 sentence 2 of the German Court Interpreters Act in the respectively applicable version. If neither the professional activity nor the education toward same is regulated in the state of domicile of the applicant, the above shall apply only if the person has exercised the profession for a minimum of two years of the past ten years.
  2. Temporary services shall be permitted only if the person, prior to initially providing these services, has notified in writing the cognizant government agency pursuant to § 36 Sect. 1 in writing of starting up this business activity. In addition to the information to be recorded in the joint database under Section 9 Subsection 2 sentence 2 of the German Court Interpreters Act in the respectively applicable version the following documents shall be included with the notification:
    1. a certificate reflecting the fact that the applicant is legally authorized and permitted to perform the duties specified in Section 33 subsection 1 or Section 35 subsection 1 in another member state of the European Union, in another contract state of the Agreement on the European Economic Zone, and that said activity has not been banned, even temporarily, at the time the certificate has been submitted;
    2. verification of professional qualification,
    3. If the profession is not regulated in the state of domicile, verification of the fact that the person has legally provided said activity for a minimum of two years during the past 10 years, and
    4. verification of the job description under which the activity is listed in the state of domicile.
  3. Said notification shall be repeated annually if the person intends to continue providing temporary services domestically during the year in question
  4. As soon as the notification under Subsection 2 is complete and the procedure under Section 33 Subsection 2, 35 Subsection 2 each in conjunction with Section 5 of the German Court Interpreters Act in its respectively applicable version has been completed, the competent authority shall proceed with the temporary registration or its renewal for another year by entering the person in the joint database under Section 9 Subsection 2 sentence 2 of the German Court Interpreters Act in the respectively applicable version. The procedure is free of charge.
  5. The temporary services by the sign language interpreter or translator shall be rendered under the job description and title in the language of the state of domicile for this activity. Any confusion with the professional titles in Section 33 subsection 6 and Section 35 subsection 4 must be avoided.

Since 01.01.2023 the German Court Interpreters Act applies to any court interpreter.


Legal Remedy

Any full or partial rejection of the application by the President of the Higher Regional Court in North Rhine-Westphalia may be appealed before the respective Administrative Court within one month following the notification (Sections 42, 74 of the Code of Administrative Court Procedure (§§ 42, 74 Verwaltungsgerichtsordnung (VwGO))).

Additional information on requirements and application forms may be downloaded from www.justiz.nrw.de Externer Link (Gerichte und Behörden > Anschriften > Dolmetscher/innen und Übersetzer/innen).

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