Study about the limits of the right to interpretation and translation of essential documents on criminal proceedings in the EU
DOI:
https://doi.org/10.18042/cepc/rdce.60.04Keywords:
Right to translation, right to interpretation, procedural guarantees, criminal proceedings, suspect person, accused person, requested person.Abstract
This study deals with the scope, and therefore the limits, of the rights to interpretation and translation of essential documents in criminal proceedings, that belong to any suspect or accused person in criminal proceedings in the European Union, as well as to any requested person in proceedings for the execution of an European Arrest Warrant, as they are being defined by the European Court of Justice’s case-law. The European Court has clarified the objective scope of these rights by putting the border on the Criminal Court’s decision over the accused person’s criminal responsibility. Nevertheless, a possibility is left to an extension of these rights beyond this limit, by means of the non-regression clause, applied to the interpretation made by Member States of expressions such as “essential documents”. An analysis is also made of how Spanish Supreme Court (Tribunal Supremo) has assumed its role as supreme interpreter of the ordinary legislation concerning these rights, and how its action has exposed the less satisfying points of the Spanish procedural regulation modification’s required by the Directive’s implementation.Published
2018-07-27
Issue
Section
STUDIES
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