The courts of the State of Brandenburg require interpreting and translating services to provide oral and written language mediation pursuant to § 189 Sect. 2 Court Constitutional Code by generally sworn interpreters, and written language mediation pursuant to § 142 Sect. 3 Civil Procedure Code by authorized translators. The general swearing-in also includes the authorization pursuant to § 142 Sect. 3 Civil Procedure Code to generate the translation of a document written in a foreign language, and to certify the accuracy and completeness of a translation of a document written in a foreign language. Languages in the sense of this law shall also be the sign language and other recognized communications techniques.
Law on the general swearing-in of interpreters and authorization of translators of the State of Brandenburg (Brandenburgisches Dolmetschergesetz - BbgDolmG) dated 7th July.2009 (GVBl. I/09, No. 11, p.252), modified by the first Law to change the Brandenburg Interpreters Code dated July 2010, Ordinance on the Execution of the Brandenburg Interpreters Code dated23rd September 2009 (GVBl. II/09, No. 34, p.709)
Requirements for Swearing-In and Authorization
§ 3 Brandenburgisches Dolmetschergesetz-BbgDolmG:
- Any person – upon request – shall be sworn in as an interpreter who has successfully passed a domestic examination before a state-certified examination office or a university, or successfully passed an interpreter examination abroad which has been certified as being equivalent by a German government agency, can document practical work as an interpreter, possesses the necessary dependability, and is a citizen of a member state of the European Union or holds a residence permit for the Federal Republic of Germany. In some cases the requirements of Sentence 1 No. 1 can be waived if for the requested language neither an examination at a state-certified examination office nor a university exists domestically, and if the qualification for interpreting can be documented in other ways.
- The interpreter shall swear the following oath: “I hereby swear that I shall translate the negotiations or documents from or to (state the respective language) accurately and to the best of my abilities.” For the swearing-in of an interpreter for negotiations with hearing and speech-impaired persons, the oath to be administered shall be changed accordingly. If the interpreter states that he/she is unable to provide such oath for religious or conscience reasons, he/she shall provide an affirmation instead. Otherwise, the directives of the Civil Procedure Code regarding the process for administering oaths and affirmations shall apply accordingly.
- A translator – upon request – shall be authorized to certify the accuracy and completeness of any translation prepared by him/her, and shall be obligated to carefully and conscientiously fulfill his/her obligations if he/she has successfully passed a domestic examination before a state-certified examination office or a university, or successfully passed an translator examination abroad which has been certified as being equivalent by a German government agency, and if he/she satisfies the requirements of Sect. 1 Sentence 1 Nos. 3 and 4. Sect. 1 Sentence 2 shall apply accordingly.
- Interpreters and translators shall be obligated specifically to maintain confidentiality, and in particular be instructed on maintaining tax secrecy in the sense of § 30 Fee Ordinance. § 1 Sect. 2 and 3 Obligation Code dated 2nd March 1974 (BGBl. I, p. 469, 547), changed by § 1 No. 4 of the law dated 15th August 1974 (BGBl. I, p. 1942), shall apply in their respective applicable versions.
- The swearing-in and obligation procedure shall be recorded in a protocol. The interpreter and translator shall receive a certified copy of said protocol.
- The interpreter shall receive a certificate of his general swearing-in, and the translator shall receive a certificate of his authorization. In those cases subject to § 6 Sect. 3 Sentence 1, Nos. 1, 2 and 4, the certificate shall be returned to the President of the Regional Court.
Documents pursuant to § 1 Sect. 2 of the Ordinance on Implementation of BbgDolmG:
The following documents shall be submitted:
- Documentation of the qualifications specified in § 3 Sect. 1 Sentence 1 No. 1 and Sect 3 Sentence 1 No 1, per original or per certified copy, in the exceptions of § 3 Sect. 1 Sentence 2 and Sect. 3 Sentence 2, other documentations of the language knowledge and skills,
- for applications for the general swearing-in: job references for practical interpreters work (§ 3 Sect. 1 No. 2 Brandenburg Interpreters Code),
- inasmuch as the documents specified in Nos 1 and 2 are available in the foreign language, a translation prepared by an authorized translator shall also be included,
- brief curriculum vitae,
- Police certificate of good-standing (for presentation to a government agency pursuant to § 30 Sect. 5 Federal Central Registry Code), and a residency permit for persons who are not citizens of a member state of the European Union
Procedure pursuant to § 1 Sect. 1 of the Ordinance on Implementation of BbgDolmG:
The applications pursuant to § 3 Sect. 1 and § 3 Sect. 3 Brandenburg Interpreters Code, respectively, shall be submitted to the President of the Regional Court, as specified in § 2 Sect. 1 Brandenburg Interpreters Code, including the data specified in § 6 Sect. 1 Sentence 2 Brandenburg Interpreters Code.
Responsibility pursuant to § 2 Brandenburg Interpreters Code BbgDolmG:
- Except for maintaining the directory pursuant to § 6, the President of the Regional Court shall carry out the tasks specified in this law. Local responsibility shall rest with the President of the Regional Court where the interpreter or translator maintains his/her residence, or for lack of same, maintains his/her professional domicile. Responsibility for any interpreter and translator without residence or professional domicile within the State of Brandenburg shall rest with the President of the Regional Court in Potsdam. In case of any relocation of the residence or professional domicile, the President of the Regional Court where the original general swearing-in or authorization took place, shall retain responsibility.
- The President of the Regional Court responsible pursuant to Sect. 1 shall also, as part of administrative assistance and administrative collaboration with government agencies of other member or contract states, handle those permits and obligations specified in Articles 8 and 56 Sect. 1 and 2 of Directive 2005/36/EU of the European Parliament and the European Council regarding the mutual acceptance of professional qualifications ABl. L 255 dated 30th September 2005, p. 22), most recently changed by EU-Ordinance No. 1137/2008 (ABl. L 311 dated 21st November 2008, p.1), in their respective applicable versions.
Costs shall be assessed for the swearing-in of interpreters and the authorization of translators pursuant to the Brandenburg Judicial Cost Code dated 3rd June 1994 (GVBl. I p. 172), most recently changed by Article 2 of the law dated 7th July 2009 (GVBl. I p. 252, 255), in their respective applicable versions.
Pursuant to §§ 68 ff. VwGO, an appeal may be filed against the rejection of the general swearing-in within one month after notification of said rejection, either in writing or to be recorded before the respective President of the Regional Court. Compliance with this deadline shall also be warranted by filing the appeal with the President of the Higher Regional Court of Brandenburg. If the respective President of the Regional Court does not provide any relief in this matter, the President of the Higher Regional Court of Brandenburg shall decide on said appeal.