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

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.