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

Author:Bogdan Bîrzu
Position:University of Bucharest, Romania
Pages:137-147
SUMMARY

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... (see full summary)

 
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The right to interpretation and translation within criminal proceedings
in the European Union. Comparative examination. Critical opinions
Assistant Professor Bogdan BÎRZU
1
, PhD.
Abstract
In the present study we have examined th e Directive 2010/64/EU of the European
Parliament and the Coun cil, the Europ ean legal instrument g overning 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 interpreta tion of the
ECHR it also requires respecting the right to interpretation and translation in ongoing
criminal proceedings. Also, the examination highlights the importance and nec essity of
adopting this European legal instrument regardin g 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.
Keywords: suspect; accused; offense; criminal proceedings; the right to a fair
trial.
JEL Classification: K 14, K33
1. Introduction
As argued in the doctrine, the scientific and technical progress and
widening the democratization process across several states has created the
possibility of easy movement of people and goods, thus leading to the development
of human society as a whole. The unquestionable beneficial effect for the whole
humanity has created some advantages for the possibilities of proliferation of crime
phenomena worldwide.
2
The increase of crime of all kinds and especially the organized one with direct
effects on many states of the world required a strong response of many countries of
the world known for accepted democratic political regimes.
1
Bogdan Bîrzu - „Titu Maiorescu” University of Bucharest, Romania, birzu_bogdan@yahoo.com .
2
Boroi, Al. & Rusu, I. (2008). Cooperarea judicia ră internațională în materie penală, Curs
master/International Jud icial Cooperation in criminal matters, Master Course. Bucharest: C.H.
Beck, p. 2.

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