The right to interpretation and translation within criminal proceedings in the European Union. Comparative examination. Critical opinions

• Main Author: Bogdan Birzu
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2016-06-01
• Series: Juridical Tribune
• Subjects: suspect; accused; offense; criminal proceedings; the right to a fair trial
• Online Access: http://tribunajuridica.eu/arhiva/An6v1/10%20Birzu.pdf
• ISSN: 2247-7195; 2248-0382

In the present study we have examined the Directive 2010/64/EU of the European Parliament and the Council, the European legal instrument governing the right to interpretation and translation within criminal proceedings in the European Union. The innovations in this paper concern the examination of the regulatory way of the mentioned two rights, the formulated critical opinions and the proposals of de lege ferenda. The value of the paper lies in the de lege ferenda proposals, which that can contribute to improving the system of European legislation in the field, which in the constant interpretation of the ECHR it also requires respecting the right to interpretation and translation in ongoing criminal proceedings. Also, the examination highlights the importance and necessity of adopting this European legal instrument regarding the harmonization of the national laws in terms of compulsoriness and the procedure for complying with the two rights to which we referred, in case where the suspect or the accused is to be judged of the territory of a Member State other than his State of origin. The work can be useful to theorists, practitioners and to the European legislator from the perspective of operating the suggested changes.