Activities of Elena Oana ANTONESCU related to 2010/0801(COD)
Plenary speeches (1)
Rights to interpretation and translation in criminal proceedings (debate)
Shadow reports (1)
REPORT Report on the draft directive of the European Parliament and of the Council on the rights to interpretation and to translation in criminal proceedings PDF (231 KB) DOC (254 KB)
Amendments (19)
Amendment 39 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
Having regard to the proposal of the European Commission (COM(2010)0082.
Amendment 41 #
Draft directive
Recital -1 (new)
Recital -1 (new)
(-1) Article 47 of the EU Charter of Fundamental Rights enshrines the right to a fair trial, including the right to legal advice and representation. Article 48 of the Charter guarantees respect for the presumption of innocence and the rights of the defence.
Amendment 43 #
Draft directive
Recital 7 a (new)
Recital 7 a (new)
(7a) On 30 November 2009, the Council adopted the Roadmap on Procedural Rights which requested the Commission to put forward proposals on a "step by step" basis, on the right to interpretation and translation, the right to information about rights, the right to legal advice, before trial and at trial, the right for a detained person to communicate with family members, employers and consular authorities, and protection for vulnerable suspects.
Amendment 45 #
Draft directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive, the first measure on the Roadmap, should lay down common standards to be applied in the fields of interpretation and translation in criminal proceedings in order to enhance the necessary confidence among Member States.
Amendment 47 #
Draft directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should have available, and use, in their police stations, a Letter of Rights drafted in all the languages of the European Union, listing the essential rights of a person concerned, including the right to interpretation and translation in criminal proceedings.
Amendment 48 #
Draft directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Member States are encouraged to provide information to citizens concerning the minimum standards of procedural rights in criminal proceedings, including the translation of suitable into official languages and their subsequent publication and dissemination, in particular on the Internet homepages of the police and judicial authorities.
Amendment 50 #
Draft directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The suspected or accused person should be able, inter alia, to explain his version of the events to his legal counsel, point out any statements with which he disagrees and make his legal counsel aware of any facts that should be put forward in his defence.
Amendment 52 #
Draft directive
Recital 12
Recital 12
(12) The finding that there is no need for interpretation or translation should be subject to the possibility of review, in accordance with the national law. Such review may be carried out, for example, throughappeal. Member States should ensure that the suspect or accused person has the right to challenge a spdecific complaint procedure, or sion finding the context of an at there is no need ford inary appeal procedure against decisions on the meritsterpretation or to challenge the quality of interpretation.
Amendment 59 #
Draft directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should strive for a high level of qualification for interpreters and translators employed in criminal proceedings, including for those assisting suspected or accused persons with a physical or mental impairment, in order to ensure an adequate standard of interpretation and translation and guarantee the fairness of proceedings. In addition to general language skills, these translators and interpreters should have specialist knowledge of legal terminology. The qualification of interpreters and translators employed in criminal proceedings should be verified by a formal degree or any similar proof of proficiency in the language concerned and attested through accreditation or certification.
Amendment 60 #
Draft directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Member States should ensure that there is a national register, or registers, of qualified interpreters and translators to be employed in criminal proceedings. The register or registers should be kept up to date so as to reflect, inter alia, the status of the interpreter's or translator’s qualifications, without prejudice to the application of rules on the protection of individuals with regard to the processing of personal data. Member States are encouraged to make their national registers accessible to competent authorities of other Member States. In this context, particular attention should be paid to the aim of facilitating the interconnection of databases for legal translators and interpreters, as envisaged in the European e-Justice action plan of 27 November 2008.
Amendment 61 #
Draft directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States are encouraged to institute a system of Continuous Professional Development, so that legal translators and interpreters can keep their skills up to date.
Amendment 62 #
Draft directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Therefore, Member States should ensure that a mechanism is in place to ensure quality control of the translation and interpretation used in criminal proceedings.
Amendment 64 #
Draft directive
Recital 17
Recital 17
(17) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the right to liberty, the right to a fair trial and the right of defence and has to be implemented accordingly.
Amendment 66 #
Draft directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive should set minimum rules. Member States should be able to extend the rights set out in this Directive in order to provide a higher level of protection also in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the European Convention on Human Rights, as interpreted in the case-law of the European Court of Human Rights.
Amendment 71 #
Draft directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings concerned is provided without delay with interpretation in his/her mother tongue ornecessary in order to ensure he ins another language that he/she understands, in order to safeguard his/her rights to fair proceedings. Interpretation, including of communication between the suspected or accused person and his/her legal counsel, shall be provided during criminal proceedings before investigative and judicial authorities, including during police questioning, during all cble to understand the case against him and exercise his rights and to safeguard the fairness of the proceedings. Interpretation, including of communication between the suspect and his lawyer and covering legal advice received, shall be provided throughourt hearings and during any necessary interim hearings, and maythose proceedings. It shall also be provided in other situations. This provision does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings case of detention for official contacts between the detaining authorities and the suspect.
Amendment 89 #
Draft directive
Article 6
Article 6
Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that may be ensured under the European Convention for the Protection of Human Rights and Fundamental Freedoms, under the EU Charter of Fundamental Rights, under other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection.
Amendment 91 #
Draft directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 92 #
Draft directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
Amendment 93 #
Draft directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The report of the Commission shall also address the future cost implications of the measures taken by Member States pursuant to this Directive.