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Certification requirements and legal remedies : Baden-Württemberg

Requirements for the official authorization, appointment and swearing-in as a liaison interpreter and document translator in Baden-Württemberg: Landeswappen von Baden-Württemberg

  1. Liaison interpreter
    1. The application for general swearing-in shall be approved if the applicant
      1. Is a citizen of a member state of the European Union or a citizen of another contracting state of the European Economic Zone or Switzerland;
      2. is of legal age;
      3. possesses the necessary dependability;
      4. has demonstrated the necessary skills as a liaison interpreter through a state-certified or equivalent examination.

      The citizen requirement pursuant to Item (1) No. 1 may be waived if the need can be adequately demonstrated, and the requirement for a state-certified or equivalent examination pursuant to Item (1) No. 4 may be waived if the necessary skill can be sufficiently demonstrated otherwise.

    2. The application for general swearing-in shall be rejected if
      1. a guarding has been officially appointed for the applicant, or if he/she has only limited access to his/her assets due to a court order;
      2. If during the five years prior to the application, the applicant has been subjected to a penalty or reprimand to mend his/her ways, indicating the non-suitability as a liaison interpreter. Such conclusion is typically warranted in case of a final adjudication for a criminal act, obstruction of punishment, fraud, document fraud, or for any violation of the 9th, 10th or 15th paragraphs of the Special Section of the German Criminal Code (these paragraphs relate to false testimony (not under oath), perjury, false accusation, and violation of personal privacy)
  2. Rules for holders of certificates earned in another member state of the European Union or another contracting state of the European Economic Zone

    The certification pursuant to I (1) No.4 may also be provided by

    1. a diploma issued by another member state of the European Union or another contracting state of the Agreement on the European Economic Zone pursuant to Article 11, Letters c, d, and e of the Directive 2005/36/EU of the European Parliament and of the Council dated 7th September 2005 on the recognition of professional qualifications (Official Publication EU No. L 255 p. 22)
    2. by a certificate pursuant to Article 11 Letter b of the Directive 2005/36/EU, or
    3. by a similar and equivalent documentation of qualifications pursuant to Article 11 Letter a, Alternative i of the Directive 2005/36/EU

    If the documentation of qualifications presented by the applicant is only partially equivalent to the state-certified examination pursuant to Item (1) No. 4, said documentation of qualification shall be adequately provided by a state examination or equivalent examination limited to said portion, regardless of the option for providing an alternate measure pursuant to Article 14 of Directive 2005/36 EU.

    To document the requirements pursuant to Item (1) No. 3 (Documentation of personal dependability), any applicant pursuant to Section 1 may present a certificate issued by the cognizant authorities of his/her home country or member country of origin. In case such certificates (as specified in Sentence 1) are not issued by the home country or member country of origin, they may be substituted by a sworn affidavit, or by a solemn declaration (in countries where sworn affidavits do not exist) given by the applicant before the cognizant justice or administrative authorities, an attorney/notary, or before the respectively authorized professional organization in the home country or member country of origin, which in turn issue a certificate verifying such sworn affidavit or solemn declaration.

  3. Determination of Equivalency

    In cases of any doubts whether or not the presented qualification certificate is indicative of a state-certified examination, or an equivalent examination, diploma, examination certificate or another certificate equivalent to those specified in Section (II), or whether or not an additional examination may be required, the applicant may present the qualification certificate to the Regional Council in Karlsruhe, Department 7 – Schools and Education – Examination Office for Translators and Interpreters, in order to determine the equivalency of said qualification.

    The link to the Regional Council in Karlsruhe, Department 7 – Schools and Education – Examination Office for Translators and Interpreters:

    https://rp.baden-wuerttemberg.de/Themen/International/Seiten/Fachpruefung_Uebersetzer_Dolmetscher.aspx Externer Link
  4. Document Translators

    For applications regarding the appointment and swearing-in of publicly appointed and sworn document translators, Sections I through III shall apply accordingly.

  5. Cognizant Regional Court

    Liaison interpreters and document translators shall be officially sworn in upon request by the President of the Regional Court in the district of the applicant’s residence or professional domicile, or by the President of the Regional Court in Stuttgart in all other cases.

  6. Legal Remedy

    Pursuant to §§ 68 ff VwGO, the rejection of general swearing-in may be appealed within one month after notification of said rejection. The appeal must be filed in writing or presented for transcription to the cognizant President of the Regional Court. Said deadline shall also be complied with by filing the appeal with the President of the cognizant Higher Regional Court (Karlsruhe or Stuttgart). If the cognizant President of the Regional Court does not hear the appeal, the President of the cognizant Higher Regional Court (Karlsruhe or Stuttgart) shall decide on the appeal.

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