Plenary Session 14-17 June

New rules guaranteeing that EU citizens facing criminal trials in another Member State can have the proceedings translated into their own language were approved on Wednesday by the European Parliament.

Under the rules, a British football fan arrested in Portugal would have the right to interpretation during police questioning, court hearings and communications with his lawyer. All essential documents would also have to be translated.

From suspicion to final decision

The minimum EU-wide standards on the right to interpretation and translation in criminal cases, which will also apply to the execution of a European Arrest Warrant, are set out in a new EU directive intended to improve the rights of suspects or accused persons who do not speak or understand the language of the proceedings.

These rights would apply from the time the person is made aware that he is suspected or accused of committing a criminal offence until the conclusion of the proceedings, including sentencing and the result of any appeal.

Interpretation and translation must be provided into the accused person's native language or any other language that he understands and that allows him to exercise fully the right to defend himself.  All essential documents, including decisions depriving a person of his liberty, the charge/indictment and any judgment, should also be translated.

The new EU law also sets out provisions on the quality of interpretation and translation, the right for the suspect to challenge the decision that there is no need for it, the right to complain of its quality and on training of judges, prosecutors and judicial staff. 

"I have recently dealt with the case of Garry Mann, who was returned to Portugal under a European Arrest Warrant. In the original trial both the charge and sentence were delivered orally", was an example given by rapporteur Sarah Ludford (ALDE, UK), whose report on the directive was adopted by Parliament today by 637 votes to 21, with 19 abstentions.

Costs to be met by Member States

The costs of implementing this directive will be covered by the Member States, irrespective of the outcome of the proceedings. "Cutting corners on costs is not best value since if you get a poor court decision or bad police practice, then people are going to appeal", said Ms Ludford.

This directive is the first step in a series of measures designed to lay down common EU standards in criminal law cases. It is also the fist EU criminal justice legislation negotiated between EP and Council under co-decision.

Member States will have three years to transpose the directive. The UK and Ireland have opted into this legislation but Denmark has not.