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Certification requirements and legal remedies : Hessen

Landeswappen von Hessen

Ia.

Requirements for the general authorisation by oath or general swearing (allgemeine Beeidigung) of interpreters under the Court Interpreters Act (Gerichtsdolmetschergesetz https://www.gesetze-im-internet.de/gdolmg/BJNR212400019.html) are:

  1. A person can be generally sworn or appointed as court interpreter upon application who

    1. is a citizen of a Member State of the European Union or a citizen of a contracting state of the Agreement on the European Economic Area or Switzerland or a person who has his or her professional establishment or place of residence in one of these states
    2. is of full age.
    3. is qualified,
    4. lives in settled financial circumstances,
    5. is reliable and
    6. possesses the requisite specialist knowledge in the German language and in the language for which he or she is authorised/sworn.

  2. A person is in possession of the requisite specialist knowledge if they have a fundamental knowledge of German legal language and

    1. has passed the examination in interpreting of a state or state-recognised examination board in Germany or in another state or state-recognised examination for the profession of interpreter or
    2. has passed an examination in another country which has been recognised by the competent German authority as being equivalent.

  3. The application for general confirmation by oath or general swearing must be accompanied by:

    1. a curriculum vitae
    2. a police clearance certificate/certificate of good conduct (Führungszeugnis) in accordance with section 30 (5) Act on the Federal Central Register of Convictions (Bundeszentralregistergesetz – BZRG) which certificate may not have been issued more than six months previously,
    3. a declaration that no penalty (Strafe) or restriction order (Maßregel der Besserung und Sicherung) has been imposed on the applicant within the last five years before making the application,
    4. a declaration as to whether insolvency proceedings have been instituted on the assets of the applicant and no discharge of residual debt (Restschuldbefreiung) has yet been granted or whether the applicant has been entered in the list of debtors (Schuldnerverzeichnis), and
    5. the documents required to verify the requisite specialist knowledge.

Ib.

Requirements for general authorisation or general swearing of translators under Hesse Interpreters and Translators Act (Hessisches Dolmetscher- und Übersetzergesetz): https://www.lareda.hessenrecht.hessen.de/bshe/document/jlr-DolmGHE2023rahmen/part/X are:

  1. Persons are to be generally authorised or generally sworn as translators upon application if they

    1. are citizens of a Member State of the European Union, of another contracting state of the Agreement on the European Economic Area or Switzerland,
    2. professionally qualified,
    3. reliable and
    4. of full age.

  2. Other foreign or stateless applicants who have their permanent place of residence or professional establishment within the territory of the state of Hesse and who satisfy the requirements of Section 2 (1), Nos. 2 to 4 Hesse Interpreters and Translators Act may be given general authorisation/be generally sworn as translators. To determine reliability, a statement must be obtained from the competent Aliens’ Authority (Ausländerbehörde).

  3. A person is professionally qualified if they have passed a state examination in translation in Germany, have acquired a qualification as translator from a German university or university of applied sciences or have passed a foreign examination in translation recognised as equivalent. If there is no board before which a state examination in translation can be taken, verification of the professional qualification is to be provided by a certificate from Hesse Lehrkräfteakademie.

  4. Persons in particular are not reliable if they

    1. within the preceding five years before making the application were sentenced with final and binding effect to a term of imprisonment or youth custody of more than one year for a crime or an offence under the ninth or fifteenth section of the Special Part of the German Criminal Code (Besonderes Teil des Strafgesetzbuches) or for Aiding after the fact (Begünstigung) under Section 257 German Criminal Code, for Obstruction of Prosecution or Punishment (Strafvereitelung) under Section 258, for Fraud (Betrug) under Section 263 or for Falsification of Documents (Urkundenfälschung) under Section 267.
    2. live in unsettled financial circumstances, especially if insolvency proceedings have been instituted on their assets and no discharge of residual debt (Restschuldbefreiung) has yet been granted or they have been entered in the list of debtors (Schuldnerverzeichnis), or
    3. for health reasons are not merely temporarily incapable of performing the work as translator.

  5. The applicant must apply for a police clearance certificate/certificate of good conduct (Führungszeugnis) under Section 30 (5) Act on the Federal Central Criminal Register (Bundeszentralregistergesetz – BZRG) in the version of 21 September 1984 (Federal Gazette (Bundesgesetzblatt - BGBl.) I, p. 1229; 1985 I p. 195), most recently amended by the Act of 4 December 2022 (BGBl. I, p. 2146) for presentation to the competent President of the Regional Court. The police clearance certificate/certificate of good conduct may not have been issued more than six months before the date of presentation.

  6. The application must be accompanied by the documents necessary to verify the professional qualification and reliability, in particular a declaration as to whether there has been any conviction in accordance with Section 2 (4), No. 1 Hesse Interpreters and Translators Act. Also to be enclosed is a declaration as to whether insolvency proceedings have been instituted on the assets of the applicant and no discharge of residual debt (Restschuldbefreiung) has been granted or whether the applicant has been entered in the list of debtors (Schuldnerverzeichnis).

Ic.

Sections 3 to 10 and 12 of the Court Interpreters Act (Gerichtsdolmetschergesetz) of 10 December 2019 (BGBl. I p. 2121, 2124) as amended by the Act of 25 June 2021 (BGBl. I. p. 2099) in the relevant applicable version apply to the authorisation by oath or swearing of sign language interpreters in court proceedings for interpreters for hearings with persons who are reliant on the use of sign language or manually coded language or other suitable communication aids (sign language interpreters (Gebärdensprachendolmetscherinnen/Gebärdensprachendolmetscher)) subject to the proviso that the classification under Section 6 of the Court Interpreters Act is “generally authorised or generally sworn court interpreter for [… indication of the sign language(s) for which they are authorised”].

II.

The application is made by interpreters under Section 3a Hesse Judicial Jurisdiction Ordinance (Justizzuständigkeitsverordnung Hessen): (https://www.lareda.hessenrecht.hessen.de/bshe/document/jlr-JZustVHEV21P3a) to the President of the Regional Court (Landgericht) in whose district the applicant has their professional establishment or, in the absence of such, place of residence (https://www.justiz-dolmetscher.de/Recherche/de/Behoerden).

The application is made by translators or sign language interpreters under Section 11 Hesse Interpreters and Translators Act (https://www.lareda.hessenrecht.hessen.de/bshe/document/jlrDolmGHE2023pP11) to the President of the Regional Court (Landgericht) in whose district the applicant has their professional establishment or, in the absence of such, place of residence (https://www.justiz-dolmetscher.de/Recherche/de/Behoerden). If the applicant has no professional establishment and no place of residence in Hesse, the President of Frankfurt am Main Regional Court (Landesgericht Frankfurt am Main) is the competent authority.

It is possible to make an electronic application for Hesse using the service platform (Dienstleistungsplattform) of the state of Hesse (https://dienstleistungsplattform.hessen.de).

III.

Under Section 68 et seq. Rules of the Administrative Courts (Verwaltungsgerichtsordnung - VwGO), an appeal against the refusal to grant the general authorisation by oath or general swearing as court interpreter or sign language interpreter (Beeidigung) or against refusal of the general authorisation as translator (Ermächtigung) by the competent President of the Regional Court who has refused the same can be lodged in writing, in electronic form under Section 3a (2) Hesse Administrative Proceedings Act (Hessisches Verwaltungsverfahrensgesetz - HVwVfG) or can be taken down in writing within one month of the decision of refusal becoming known to the applicant. The deadline is also complied with by lodging [the appeal] with the President of Frankfurt am Main Higher Regional Court (Oberlandesgericht Frankfurt am Main). If the competent President of the Regional Court does not allow the objection, the President of Frankfurt am Main Higher Regional Court decides on the objection.

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