I. Requirements and Application
Under Section 3 subsection 1 of GDolmG [German law on court interpreters] any person may be sworn in as court interpreter who
has the required expert knowledge of the German and the respective foreign languages.
Any person is deemed to have the required expert knowledge who in accordance with section 3 subsection 1 of GDolmG has the basic knowledge of the German legal terminology 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. In Bavaria the Bavarian State Ministry for Education and Cultural Affairs is responsible for the recognition of equivalence.
Under Article 58 subsection 1 of AGGVG [German implementation law for the judicial system act], in addition to being sworn in as interpreter, any person is publicly appointed who has additionally passed a state or state-approved examination for the translating profession in Germany or has passed an examination abroad that has been recognised as being equivalent to such an examination by the competent German authorities.
Under Article 59 subsection 1 of AGGVG any person is publicly appointed as translator and sworn in who meets the requirements under Section 3 subsection 1 and Section 2 of GDolmG to the extent that ‘interpreter examination’ is replaced by ‘translator examination’.
Any person is publicly appointed and sworn in as German sign language interpreter who meets the requirements under Section 3 subsection 1 and Section 2 of GDolmG to the extent that ‘interpreter examination’ is replaced by ‘German sign language interpreter examination’.
When applying to be sworn in and/or publicly appointed you have to submit documents required under Section 3 subsection 2 GDolmG (if applicable in connection with Article 58 subsection 2 sentence 1, Article 59 subsection 2 sentence 1, Article 60 subsection 1 sentence 2 of AGGVG) including
any documents necessary to prove the applicant has the required expert knowledge.
II. Responsibility
The application shall be addressed to the President of the Regional Court (Section 2 subsection 2 of GDolmG, Article 61 subsection 1 of AGGVG, Section 60 of GZVJu). For applicants who reside or are domiciled in Bavaria, the cognizant authority is the President of the Regional Court in whose district the applicant either resides or has his domicile. For all other applicants, the cognizant authority is the President of the Regional Court in Munich I.
III. Limitation in time and transition rules
For any first-time public appointment and/or swearing in there is no time limit to be kept. But any public appointment and/or swearing in of interpreters and translators is limited to five years effective 1st January 2023 (Section 7 subsection 1 of GDolmG, refer directly to Article 58 subsection 2 sentence 1, Article 59 subsection 2 sentence 1 and indirectly to Article 60 subsection 1 sentence 2 of AGGVG). For professionals who had already been publicly appointed and/or sworn in before 1st January 2023 transition rules shall apply. The general swearing in as court interpreter under the previously applicable state law shall end not later than 31st December 2026 and therefore a renewed swearing in under the GDolmG will be required then (Article 66 subsection 5 of AGGVG). The public appointment and swearing in as translators and German sign language interpreters will apply for ten years and shall end not later than 31st December 2026 (Article 66 subsection 6 AGGVG). Please apply for an extension in due time prior to expiration.
IV. Legal Remedies
Pursuant to sections 74 et seqq. of VwGO, the rejection of general appointment and swearing-in may be appealed before the Administrative Court. Details on form, deadline and jurisdiction may be found in the legal remedy section of the respective notification of rejection.
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