Requirements for the official authorization, appointment and swearing-in as a Court Interpreter, sign language interpreter and document translator in Baden-Württemberg:
Court Interpreter and sign language interpreter
has the required expert knowledge of the German and the respective foreign languages.
Any person is deemed to have the required expert knowledge who has the basic knowledge of the legal German language and has either passed a state or state-approved interpreter examination in Germany or has passed an examination abroad that has been recognised as being equivalent to such an examination by the competent German authorities.
Proof of the basic knowledge of the legal German language can also be provided by taking such an examination. In any event, such proof shall be deemed accepted if the examination will correspond with the framework agreement on examinations for translators, interpreters and for German sign language interpreters (Decision by the German Standing Conference of Ministers of Education and Cultural Affairs on 17.12.2022 as amended on 09.06.2022).
Instead of taking an examination, court interpreters and certificate translators can prove they have the required expert knowledge in a different way if there is a specific need for such public appointment where no examination for the respective language is provided in Germany or for the examination taken and passed abroad there is no examination in Germany that has been deemed equivalent by the competent authorities. In this case the person will have to prove he or she has the basic knowledge of legal German separately. Since there are examinations in place for the sign language interpreters in Germany, this provision does not apply to sign language interpreters.
If during the five years prior to the application, the applicant has been subjected to a penalty or reprimand to mend his/her ways, indicating the non-suitability as an interpreter.
Regulations for those who took and passed examination in one of the Member States of the European Community or in a state party to the Agreement on the European Economic Area
For applicants, whose qualification has been recognised as being equivalent during the implementation of the Directive 2005/36/EC of the European Parliament and the Council of 7th September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22) , the expert knowledge requirement shall not be tested again if equivalent or comparable requirements for training and examination had been applied in the country of origin.
If the proof of examination provided by an applicant is equivalent only in part, a proof of qualification for the remaining part shall be sufficient without prejudice to the possibility of taking compensatory measures under article 14 of the Directive 2005/36 EC, state exam limited to the remaining part or an examination that is equivalent.
Determination of Equivalency
In Baden-Württemberg the “Examination Body for Translators and Interpreters” at the Regional Council of Karlsruhe is responsible for the recognition of equivalence.
In case there is any doubt as to whether or not a proof of examination filed by an applicant is a proof of a state examination or an equivalent diploma, an examination certificate or otherwise any equivalent proof of examination or whether any additional examination or partial examination is required, the applicant can provide such examination document to the Regional Council of Karlsruhe, Section 7 - School and Education - Examination Body for Translators and Interpreters - where this document will be further checked and its equivalent status assessed.
The link to the Regional Council in Karlsruhe, Department 7 – Schools and Education – Examination Office for Translators and Interpreters:
https://rp.baden-wuerttemberg.de/Themen/International/Seiten/Fachpruefung_Uebersetzer_Dolmetscher.aspx
Limitation and extension
Any public appointment carried out after the 1st January 2023 is limited to a five-year term. Such public appointment can be extended upon request. Any extension of the term must be applied for prior to term expiration.
Document Translators
For applications regarding the appointment and swearing-in of publicly appointed and sworn document translators, Sections I. through IV. shall apply accordingly.
Renewed appointment
Court interpreters who had been publicly appointed in a federal state under the state provisions before 1st January 2023 will not be allowed to refer to their public appointment after 1st January 2027. Therefore, under the provisions of the Court Interpreters Act they will have to renew their public appointment to be able to refer to it.
In Baden-Württemberg the appointment for court interpreters and translators appointed prior to 1st January 2023 will be terminated with the expiry of 31st December 2027. Until that date they will have to renew their appointment since otherwise they will lose their appointment.
On the other hand, as early as 1st January 2027, sign language interpreters will no longer be able to refer to their oath taken under the state-law provisions.
Cognizant Regional Court
Court Interpreter, sign language interpreter and document translators shall be officially sworn in upon request by the President of the Regional Court in the district of the applicant’s residence or professional domicile, or by the President of the Regional Court in Stuttgart in all other cases.
Legal Remedy
Pursuant to §§ 68 ff VwGO, the rejection of general swearing-in may be appealed within one month after notification of said rejection. The appeal must be filed in writing or presented for transcription to the cognizant President of the Regional Court. Said deadline shall also be complied with by filing the appeal with the President of the cognizant Higher Regional Court (Karlsruhe or Stuttgart). If the cognizant President of the Regional Court does not hear the appeal, the President of the cognizant Higher Regional Court (Karlsruhe or Stuttgart) shall decide on the appeal.
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