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10 TheLinguistFEBRUARY/MARCHwww.iol.org.ukFEATURESlaunched the first call for action programmes incriminal proceedings (the so-called GROTIUSprogramme), it included an invitation topropose projects on the provision and qualityof LIT as one of the fundamental rights andprocedural safeguards. A number of projectsfollowed, culminating in the 2010 Directive -the first legislation passed by the EU onlanguage issues since its foundation treaty. Key projectsThe first GROTIUS project (98/GR/131),Aequitas, was led by Ann Corsellis and theInstitute of Linguists, and was carried out withme and my colleagues from Belgium, andothers from Spain and Denmark. In my mindit is still the key project among all the ensuingones, and one keeps returning to itsrecommendations because it covered thewhole professional chain of LIT: from thecompetences required, the selection ofstudents, the curriculum, the assessment andcertification, the training of trainers, the codeof ethics and guidelines of good practice, allthe way to the working arrangements withthe legal professionals. Its sequel GROTIUS project, Aequalitas(2001/GRP/015), which I coordinated, aimedto increase awareness of the legal frameworkof LIT and, more specifically, the relevantlandmark case-law of the European Court ofHuman Rights, and, at the same time, todisseminate the Aequitas recommendations torepresentative colleagues from the memberstates (LITs but also lawyers, judges, policeofficers, etc). This project was carried out withcolleagues from the UK (CIOL), Denmark, the Czech Republic and the Netherlands. Both projects were instrumental in the EUCommission's drafting of the sections on LITin the Green Paper on Procedural Safeguardsfor Suspects and Defendants in CriminalProceedings (February 2003), namely thatmember states must have a system to trainLITs, a certification and registration system, asystem in place to monitor the provision andquality of LIT, and a code of ethics andguidelines for good working practices, as wellas offering training to judges, solicitors andpublic prosecutors on how to work with LITs. Best practiceGROTIUS was succeeded by the DG JLSAGIS programme. The Aequilibrium project(2003/AGIS/048) was coordinated by the ITVHogeschool voor Tolken en Vertalen inUtrecht, with Lessius and the Institute ofLinguists as the 'hardcore' members, andinput from the Czech Republic, Denmark,Greece and Spain. For this project we lookedat bestpractices in LIT and also focused onthe interdisciplinary working arrangementswith other legal professionals. In the meantime, the EU Commission hadmoved forward with the presentation of aProposal for a Council Framework Decision onProcedural Rights in Criminal Proceedings(2004), which was to lead to protracteddiscussions and difficult negotiations. Tosupport the momentum in favour of theProposal, the AGIS project Status Quaestionis:Questionnaire on the Provision of LegalInterpreting and Translation in the EU(JLS/2006/AGIS/052) was launched, which Icoordinated. With the hope of remedyingdiscrepancies and arriving at minimumguaranteed standards in all member states, weprovided detailed and objective informationon the existing provision of LIT in the EU. The core conclusion of this survey wastwofold. Firstly, that sufficient LIT skills andstructures were not yet in place to meet thegoals that all individuals, irrespective oflanguage and culture, have their proceduralright respected in each member state.Secondly, that a process of development todo so was in progress across the EU, albeitvariable in coherence, quality and quantity.The partners in this project were the CIOL, theUniversity of Alicante (Spain) and the Raadvoor Rechtsbijstand (The Netherlands).1Under the current DG JLS Criminal JusticeProgramme (2007-2013), three projects arecontinuing the momentum. The EULITAproject (JLS/2007/JPEN/249) was carried outin response to the need -felt by both theDG JLS and the professional associations -tohave a representative voice speaking for theLITs in the various EU fora, and to enlist theseassociations in the implementation of theProposal. I coordinated the project on behalfof Lessius, together with the CIOL, the LITassociations for Poland (TEPIS), Finland(SKTL) and Spain (APTIJ), AIIC, FIT, and theuniversities of Ljubljana and Heriot-Watt. As a result, EULITA (the European LegalInterpreters and Translators Association) wasestablished in Antwerp on 26 November2009. EULITA represents the interests andconcerns of associations of legal translatorsand interpreters vis-à-vis national andEuropean authorities; promotes theestablishment of LIT associations in memberstates where they do not exist; and promotesclose cooperation with academic institutionsin the field of training and research. Furthermore, EULITA is committed topromoting quality in LIT through therecognition of the professional status of LITs,the exchange of information and bestpractices in training and continuousprofessional development, and theorganisation of events on issues such astraining, research and professionalism. It thuspromotes judicial cooperation and mutual trustbetween the LIT systems of member states.Finally, EULITA promotes best practices inworking arrangements with the legal servicesand legal professions.2A concurrent project in which I participated,Building Mutual Trust (JLS/2007/JPEN/219),was coordinated by CIOL Council memberBrooke Townsley (Middlesex University), withthe assistance of CIOL colleagues HilaryMaxwell-Hyslop and Ann Corsellis, and withpartners from Spain, Denmark, Italy andRomania. The project developed anddisseminated best practice in training bydrawing up an extensive and practicaltreasure-trove of teaching and trainingmaterials, which can serve as templates forsimilar materials in different languages.3The Avidicus project (JLS/2008/JPEN/037)researched interpreted videoconferencing incriminal proceedings, a hot issue not only inThe EULITA projectwas born of the need tohave a representativevoice for the LITs inthe various EU foraMOVING FORWARDErik Hertog makes a speech at the firstTrafut workshop in Ljubljana (left). At theEU Court of Justice are (l-r) its President,Vassilios Skouris; José Manuel Barroso,President of the EC; and Viviane Reding,Vice President of the EC in charge of Justice,Fundamental Rights and Citizenship (right)
Vol/51 No/1 2012FEBRUARY/MARCHTheLinguist11FEATURESa Directive (which was more powerful becauselegally binding on all member states). Member states now have until October2013 to incorporate the Directive intonational legislation and procedures. To assistthem there is an accompanying Proposal fora Resolution of the Council and of theGovernments of the Member States,fostering the implementation of thisDirective, as well as the Reflection Forumreport on Multilingualism and (legal)Interpreter Training and the Vademecum forlegal professionals, drawn up by EULITA.5However, the most effective instrument toassist them may well be the Trafut project(JUST/JPEN/AG/1549), coordinated byLessius and EULITA, which, in a series of fourworkshops across the EU, aims to provide the relevant stakeholders in the memberstates - ministries of justice, the judiciary, thebar and police associations - with expertadvice on the issues raised in the articles ofthe Directive.6Member states nowhave until October2013 to incorporate the Directive intonational legislation The Directive on the Right to Interpretationand Translation in Criminal Proceedings is notonly the achievement of our highly esteemedcolleagues in DG JLS but also the result of theexpertise and commitment of academics andprofessional LITs from many member states.My own contribution was recognised by theCIOL in the form of the David Crystal Award,but our CIOL colleagues, who have beeninvolved in almost every project, deserve ourequal admiration and gratitude. Dr Erik Hertog was awarded the David Crystal Award 2011 for fostering the study of languages.Notes 1See under 'LIT materials' at www.eulita.eu 2See the EULITA mission statement under'About us' at www.eulita.eu 3See www.lr.mdx.ac.uk/mutual-trust 4See www.videoconference-interpreting.net 5These documents can be consulted under 'LITmaterials' > 'EU document' at www.eulita.eu 6The other partners are TEPIS, SKTL, APTIJ,EFSLI, AIIC, FIT and the universities of Ljubljanaand Heriot-Watt. For details see under 'TRAFUT'at www.eulita.eu. Three other projects within thecriminal justice programme are concerned withinterpreted police interviewing - IMPLI (JUST/2010/JPEN/ 1562/AG); BMT2 (JUST/2010/JPEN/AG/1566) - and with interpretedvideoconferencing in criminal proceedings(Avidicus 2 (JUST/2010/JPEN/AG/ 1558). Lessiusparticipates in all three, the CIOL in the last two.the strict legal sense but also, obviously, forLITs. It looked at how to do a goodprofessional job in remote or videoconferencesettings: what are the technical (sound, image,etc) as well as the interpreting strategyrequirements to be able to do a good job,and how LITs can work efficiently and reliablytogether with the legal professionals underthese conditions. The project must be seen in the light ofthe increasing importance of e-Justice in theDG JLS. One can understand the need, forinstance, to avoid, whenever possible, costly,time-consuming journeys in a criminalprocedure to other member states or toavoid risky, dangerous transportation ofcriminals from jail to court for a purely formalhearing. The project was coordinated by theUniversity of Surrey with assistance from AnnCorsellis and partners from Lessius, Polandand the Netherlands.4Firm foundationsThere can be no doubt that these seven pillarsof wisdom laid firm foundations for the futuredevelopment of LIT in the EU. In 2010, aProposal for a Framework Decision on theRight to Interpretation and Translation inCriminal Proceedings was agreed inCommission and Council, with EUParliamentary approval imminent. However,the signing of the Lisbon Treaty interfered withthis process while at the same time providingan opportunity to adapt the FrameworkDecision to the newly required legal format of© EUROPEANUNION, 2012
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