Right to interpretation and translation
The EU is taking action to tackle the problem of varying standards and different levels of access to legal interpreting and translation available in criminal proceedings throughout its territory.
All EU countries are signatories to the European Convention on Human Rights (ECHR) - this is a requirement for joining the EU. The ECHR provides that anyone facing a criminal charge should be provided with the services of an interpreter, free of charge, if he/she doesn't understand the language of the proceedings.
However, this requirement was not fully complied with in all EU countries. For instance, a qualified interpreter was not always present during police questioning; and at trial, interpreters were sometimes provided for the benefit of the judge or prosecutor, rather than for the defendant.
Safeguarding the right to a fair trial
The 2010 Directive on the right to interpretation and translation in criminal proceedings 
[738 KB] was adopted to rectify this situation.
In line with the requirements of the ECHR, as interpreted in the case-law of the European Court of Human Rights (ECtHR), it requires EU countries to put in place the following mechanisms:
Interpretation
It should be provided, free of charge, where necessary for the purpose of safeguarding the fairness of the proceedings during:
- police interrogation,
- essential meetings between client and lawyer, and
- at trial.
Remote interpretation via videoconference, telephone, or Internet can be used if the physical presence of the interpreter is not required to safeguard fairness.
Translation of essential documents
Suspected or accused persons who do not understand the language of the proceedings must be provided with a written translation of documents that are essential for them to exercise their right of defence. This includes:
- the detention order,
- the indictment, and
- the judgment.
Quality control
A quality sufficient to ensure that suspected or accused persons have knowledge of the case against them and are able to exercise their right of defence is required.
To ensure that qualified legal interpreters and translators are available, EU countries are called on to set up a register of qualified translators and interpreters, and to make it available to legal counsels and relevant authorities.
Training
To ensure efficient and effective communication, relevant training of judges, prosecutors and judicial staff must be provided.
EU countries have until 27 October 2013 to implement the directive.
It was adopted following the Roadmap for strengthening procedural rights [711 KB] from 2009, which included a measure on translation and interpretation.