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Certification requirements and legal remedies : Hessen

Landeswappen von Hessen

Ia.

Requirements for the general swearing in of Interpreters are as follows:

  1. Any person – upon request - shall be generally sworn in as interpreter who

    1. is a citizen of a member state of the European Union or another contract state of the Agreement on the European Economic Zone,
    2. has documented the necessary professional qualification,
    3. is dependable and
    4. of legal age.
  2. Other foreign or displaced nationals who maintain their permanent residence or business domicile within the State of Hessia and who satisfy the requirements of Sect. 1 Nos. 2-4 may be generally sworn in as interpreters. A statement by the respective Foreigners Office shall be required for a review of the dependability issue.
  3. Professional qualification shall be documented by the successful passing of a domestic state-certified interpreter examination, a domestic university degree or university of applied sciences degree in interpreting, or an equivalent foreign interpreter examination. In cases where no agency is available to take such a state-certified interpreter examination, the documentation of professional qualification may be provided by a certificate issued by the Office for Teacher Education – State Examinations – in Darmstadt.
  4. A person shall be deemed not dependable who

    1. during the last five years prior the application has been sentenced to imprisonment or juvenile penalties of more than one year for crimes or misdemeanors pursuant to Section 9 or 15 Special Segment, German Criminal Code, or pursuant to § 257 (Assistance after the Fact), § 258 (Assistance in Avoiding Prosecution), 263 (Fraud) or § 267 (Forgery), or for one or several other intentional crimes.
    2. lives in disorganized financial situations, particularly whose assets have been subjected to insolvency proceedings or whose name has been entered into the debtors registry, or
    3. is incapable (on a more than temporary level) of working as an interpreter for health reasons.
  5. The applicant shall request a 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 law dated 14th August 2009 (BGBl. I, p. 2827) to be presented to the respective President of the Regional Court.
  6. The application shall include the required documentation of professional qualification and dependability, and particularly a statement on whether or not any court order pursuant to Article 4 No. 1 has been issued.

Ib.

Requirements for the general authorization of translators are as follows:

  1. Any person – upon request - shall be generally authorized as translator who

    1. is a citizen of a member state of the European Union or another contract state of the Agreement on the European Economic Zone,
    2. has documented the necessary professional qualification,
    3. is dependable and
    4. of legal age.
  2. Other foreign or displaced nationals who maintain their permanent residence or business domicile within the State of Hessia and who satisfy the requirements of Sect. 1 Nos. 2-4 may be generally authorized as translators. A statement by the respective Foreigners Office shall be required for a review of the dependability issue.
  3. Professional qualification shall be documented by the successful passing of a domestic state-certified translator examination, a domestic university degree or university of applied sciences degree in translating, or an equivalent foreign translator examination. In cases where no agency is available to take such a state-certified translator examination, the documentation of professional qualification may be provided by a certificate issued by the Office for Teacher Education – State Examinations – in Darmstadt.
  4. A person shall be deemed not dependable who

    1. during the last five years prior the application has been sentenced to imprisonment or juvenile penalties of more than one year for crimes or misdemeanors pursuant to Section 9 or 15 Special Segment, German Criminal Code, or pursuant to § 257 (Assistance after the Fact), § 258 (Assistance in Avoiding Prosecution), 263 (Fraud) or § 267 (Forgery), or for one or several other intentional crimes.
    2. lives in disorganized financial situations, particularly whose assets have been subjected to insolvency proceedings or whose name has been entered into the debtors registry, or
    3. is incapable (on a more than temporary level) of working as a translator for health reasons.
  5. The applicant shall request a 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 law dated 14th August 2009 (BGBl. I, p. 2827) to be presented to the respective President of the Regional Court.
  6. The application shall include the required documentation of professional qualification and dependability, and particularly a statement on whether or not any court order pursuant to Article 4 No. 1 has been issued.

II.

The application shall be submitted to the President of the Regional Court in whose district the applicant maintains his/her residence or business domicile. If the applicant does not have a residence or business domicile in Hessia, the respective authority shall be the President of the Regional Court in Frankfurt am Main.

III.

Pursuant to §§ 68ff. VwGO, an appeal may be filed against the rejection of the general appointment/swearing-in within one month following the delivery of the respective notification to the applicant, in writing or in person before the respective President of the Regional Court which issued said rejection. Compliance with this deadline is also warranted by submitting the appeal to the President of the Higher Regional Court in Frankfurt am Main. In cases where the respective President of the Regional Court does not provide relief for this appeal, said appeal shall be heard before the President of the Higher Regional Court in Frankfurt am Main.

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