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Certification requirements and legal remedies : Schleswig-Holstein

Landeswappen von Schleswig-Holstein

I.

  1. Requirements for the general swearing-in of interpreters are as follows:
    1. The applicant must
      1. be a natural person,
      2. possess the necessary personal qualifications,
      3. possess the necessary professional qualifications.
    2. A person shall be deemed not personally qualified who
      1. during the last five years prior to the application for swearing-in, has been legally convicted of a crime or for making a false statement while not under oath, false sworn affidavit, false accusation, violation of personal and privacy sphere, assistance after the fact, dealing in stolen goods, money laundering, assistance in avoiding prosecution, fraud or forgery
      2. is not willing or not physically capable of providing services to the courts and prosecuting offices of Schleswig-Holstein on short notice,
      3. lives in disorganized financial conditions.

      And specifically, no insolvency proceedings must have been initiated into the assets of the applicant. The applicant’s name must not have been entered into the debtors directory maintained by the court of forced executions (§ 26 Sect. 2 Insolvency Ordinance dated 5th October 1994, BGBl. I, p. 2866, most recently changed by Article 9 of the law dated 12th December 2007, BGBl. I, p. 2840, § 915 Civil Procedure Code).

    3. The professional qualification shall require sufficient language skills and sound knowledge of German legal terminology.

      The language skills shall be documented through a state-certified interpreter examination or comparable qualification, which is generally warranted if the applicant has graduated from a non-German speaking high school abroad, thereby qualifying for university studies, and then successfully completed his/her German-language university studies in Germany, and vice versa.

      Professional qualification may also be documented by at least five years of unobjectionable professional work as interpreter.

    4. The personal and professional qualification shall be verified through proper documentation.
      1. For verification of personal qualification, a police certificate of good-standing pursuant to § 30 Sect. 5 Federal Central Register Law in the version dated 21st September 1984 (BGBl. I, p. 1230, 1985 I p. 195), most recently changed by the law dated 14th August 2009 (BGBl. I p. 2827) shall be requested for presentation to the President of the Higher Regional Court of Schleswig-Holstein.

        Furthermore, the application shall provide the following statement:

        “I hereby certify that during the last five years, I have not been legally convicted of a crime or for making a false statement while not under oath, false sworn affidavit, false accusation, violation of personal and privacy sphere, assistance after the fact, dealing in stolen goods, money laundering, assistance in avoiding prosecution, fraud or forgery. I am aware of the fact that the general swearing-in as interpreter may be rescinded if it was obtained through false statements.”

      2. The lack of any entries into the debtors directory pursuant to § 26 Sect. 2 Insolvency Ordinance and § 915 Civil Procedure Code shall be verified through statements from the courts of forced executions and insolvency, respectively
      3. Furthermore, the applicant shall provide a statement that he/she is willing and physically capable of providing services to the courts and prosecuting offices of Schleswig-Holstein on short notice. The applicant shall state specifically how he/she will ensure such short-notice availability.
  2. Requirements for the general authorization of translators are as follows:
    1. The applicant must
      1. be a natural person,
      2. possess the necessary personal qualifications,
      3. possess the necessary professional qualifications.
    2. A person shall be deemed not personally qualified who
      1. during the last five years prior to the application for swearing-in, has been legally convicted of a crime or for making a false statement while not under oath, false sworn affidavit, false accusation, violation of personal and privacy sphere, assistance after the fact, dealing in stolen goods, money laundering, assistance in avoiding prosecution, fraud or forgery
      2. is not willing or not physically capable of providing services to the courts and prosecuting offices of Schleswig-Holstein on short notice,
      3. lives in disorganized financial conditions.

      And specifically, no insolvency proceedings must have been initiated into the assets of the applicant. The applicant’s name must not have been entered into the debtors directory maintained by the court of forced executions (§ 26 Sect. 2 Insolvency Ordinance dated 5th October 1994, BGBl. I, p. 2866, most recently changed by Article 9 of the law dated 12th December 2007, BGBl. I, p. 2840, § 915 Civil Procedure Code).

    3. The professional qualification shall require sufficient language skills and sound knowledge of German legal terminology.

      The language skills shall be documented through a state-certified translator examination or comparable qualification, which is generally warranted if the applicant has graduated from a non-German speaking high school abroad, thereby qualifying for university studies, and then successfully completed his/her German-language university studies in Germany, and vice versa.

      Professional qualification may also be documented by at least five years of unobjectionable professional work as translator.

    4. The personal and professional qualification shall be verified through proper documentation.
      1. For verification of personal qualification, a police certificate of good-standing pursuant to § 30 Sect. 5 Federal Central Register Law in the version dated 21st September 1984 (BGBl. I, p. 1230, 1985 I p. 195), most recently changed by the law dated 14th August 2009 (BGBl. I p. 2827) shall be requested for presentation to the President of the Higher Regional Court of Schleswig-Holstein.

        Furthermore, the application shall provide the following statement:

        “I hereby certify that during the last five years, I have not been legally convicted of a crime or for making a false statement while not under oath, false sworn affidavit, false accusation, violation of personal and privacy sphere, assistance after the fact, dealing in stolen goods, money laundering, assistance in avoiding prosecution, fraud or forgery. I am aware of the fact that the general authorization as translator may be rescinded if it was obtained through false statements.”

      2. The lack of any entries into the debtors directory pursuant to § 26 Sect. 2 Insolvency Ordinance and § 915 Civil Procedure Code shall be verified through statements from the courts of forced executions and insolvency, respectively
      3. Furthermore, the applicant shall provide a statement that he/she is willing and physically capable of providing services to the courts and prosecuting offices of Schleswig-Holstein on short notice. The applicant shall state specifically how he/she will ensure such short-notice availability.

II.

The application shall be submitted to the

Präsidentin des Schleswig-Holsteinischen Oberlandesgerichts
Gottorfstraße 2
24837 Schleswig
dolmetscher@olg.landsh.de

III.

An appeal may be filed against the rejection of the general swearing-in or authorization within one month following the delivery of the respective notification to the applicant, in writing or in person before the President of the Higher Regional Court of Schleswig-Holstein. The deadline is also granted by the filing of the objection with the Minister for Justice, Culture and Europe of the State of Schleswig-Holstein.

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