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Professional aptitude as an interpreter and translator Determination

For voice transmission for judicial, official and notarial purposes, interpreters are generally sworn and translators are authorised for the territory of the state of Lower Saxony.

The work of interpreters includes oral and written transmission. The activity of translators basically means only the written translation of one or more languages. Language in this sense is also sign language.

The use as an interpreter in a court hearing requires an oath to the effect that faithful and conscientious translation is carried out. Instead of taking an oath separately for each court hearing, you can take a general oath and subsequently invoke it.

For documents drawn up in a foreign language, a court may order the production of translations certified by an authorised translator.

You have the opportunity to have your suitability determined for the activity as:

  • Court interpreter
  • Interpreter for official and notarial purposes
  • Sign language interpreter
  • Translator:in

The general swearing in of court interpreters will take place from 01.01.2023 in accordance with the Court Interpreters Act (GDolmG). The required language skills must regularly be proven by a state or state-recognised interpreter examination. The general swearing in as a court interpreter ends after five years, but can be extended repeatedly for five years on request if certain conditions are met.

General oaths issued before 01.01.2023 in accordance with §§ 22 - 31 of the Lower Saxony Justice Act (NJG) continue to apply. In court, interpreters can invoke this general oath until 31.12.2026.

The general swearing in of interpreters for official and notarial purposes and sign language interpreters as well as the authorisation as translators for the territory of the State of Lower Saxony is carried out in accordance with §§ 22 - 31 of the Lower Saxony Justice Act (NJG).

The general swearing of interpreters and the authorisation of translators to transmit voice for judicial, official and notarial purposes for the territory of the State of Lower Saxony takes place upon written application to the Regional Court of Hanover.

Prerequisites are personal reliability and professional suitability. Evidence of this must be attached to the application. For a general sworn in as an interpreter for official and notarial purposes, as a sign language interpreter and as a translator, you do not have to prove your professional suitability again if you are already sworn and/or authorised in another federal state. In this case, it is sufficient if you submit the certificate of your general oath or authorisation as proof of professional aptitude.

Process flow

On the basis of the information provided by the applicant and the documents submitted for this purpose, the President of the Regional Court of Hanover decides on the applications. The general oath, for which a special certificate is issued according to the NJG and a certificate according to the GDolmG, or the handing over of the certificate of authorization are also carried out by the President of the Regional Court of Hanover.

The swearing and/or authorisation is accompanied by an express obligation under the Obligations Act and the ordinances issued thereto, with reference to the criminal consequences of a breach of duty, in particular under the relevant provisions of the Criminal Code.

After delivery of the certificate in accordance with the GDolmG,

  • the interpreter shall be entitled "Sworn court interpreter for (indication of the language for which she is sworn)",
  • the interpreter shall be called "Sworn court interpreter for(indication of the language for which he is sworn)";

lead.

After delivery of the certificate according to the NJG,

  • the interpreter is entitled "Interpreter generally sworn by the Regional Court of Hanover for the ... language",
  • the interpreter shall use the designation "Interpreter generally sworn by the Regional Court of Hanover for the ... language",
  • the translator uses the title "Translator authorised by the Regional Court of Hanover for the ... language" and
  • the translator shall bear the title "Translator authorised by the Regional Court of Hanover for the ... Language"

lead.

Where a stamp is made, this designation must be reproduced in full and unchanged. The shape should be as round as possible. Size and font can be chosen freely. You will receive a sample after your swearing-in and/or authorization date. They are included in a register of sworn interpreters and authorised translators, which can be consulted by courts and authorities as well as by notaries' offices.
The following shall be added to the directory:

  • Name
  • Address
  • Telephone
  • Fax
  • e-mail address,
  • Occupation
  • any additional qualifications,
  • the respective language as well as
  • the date of swearing-in and/or authorisation

affiliated. The same applies to any remuneration agreement concluded in accordance with § 14 of the Judicial Remuneration and Compensation Act (JVEG).

The list shall also be published on the Internet. This does not apply to information on any remuneration agreement, the existence or non-existence of which will not be published or discontinued under any circumstances. Otherwise, only those data will be disclosed for the publication or setting of which consent has been given.

Directory of sworn interpreters and authorised translators

Who should I contact?

The jurisdiction lies with the Regional Court of Hanover.

Hanover Regional Court

Competent authority

Hanover Regional Court

Requirements

Prerequisites for personal reliability are the

  • submission of a curriculum vitae,
  • Presentation of a police clearance certificate, which must be suitable for submission to an authority (document type "O"),
  • assurance that a life is led in orderly economic conditions,
  • Self-disclosure from the central electronic debtor register pursuant to § 882 b of the Code of Civil Procedure,
  • assurance that insolvency proceedings have not been opened against the assets of the applicant, have been rejected for lack of assets and that no discharge of residual debt is outstanding,
  • an assurance that the applicant has no criminal record, that no preliminary proceedings are pending against him or her and that no penalty or measure of correction or security has been imposed on him or her in the five years preceding the application, and
  • Permission from the Foreigners' Registration Office to be self-employed (possibly included in the residence permit), provided that the applicant does not have German citizenship or a nationality of the EU member states.

Prerequisites for professional aptitude are

  • language skills with which the applicant can easily understand practically everything he/she hears or reads, express himself spontaneously, very fluently and accurately and make finer nuances of meaning clear even in more complex situations, both in German and in the foreign language at language level C 2,
  • language mediation skills as an interpreter as well as
  • Knowledge of German legal language (legal terminology). They must be able to correctly understand and accurately translate legal concepts from the various areas of judicial proceedings, in particular in the fields of civil, criminal and administrative law.

Evidence of this must be attached to the application.

Which documents are required?

Proof of personal reliability:

  • Curriculum vitae
  • Police clearance certificate, which must be suitable for submission to an authority (document type «O»)
  • Self-disclosure from the central electronic debtor register pursuant to § 882 b of the Code of Civil Procedure
  • Certificate from the competent insolvency court that no insolvency proceedings have been opened against the assets of the applicant or that the opening of insolvency proceedings has been rejected for lack of assets

Certificate from the immigration authority that self-employment is permitted (possibly included in the residence permit), provided that the applicant does not have German citizenship or a nationality of the EU member states Proof of professional aptitude according to §§ 3 Abs. 2, 4 GDolmG and § 23 Abs. 2 - 4 NJG:

From 01.01.2023, the professional suitability of a court interpreter is governed by the Court Interpreters Act (GDolmG). Professional aptitude in both German and foreign language requires:

  • Proof of a state or state-recognised interpreter examination or
  • proof of recognition of an interpreter's examination taken abroad or
  • Certificate of completion of studies at a state-recognised university abroad,
  • C2 language certificate of the Common European Framework of Reference for Languages of a state-recognised language institute,
  • Proof of existence of a state procedure for checking language skills
  • Proof of knowledge of the German legal language (legal terminology) by presenting qualified certificates or certificates of a university degree completed in this area, vocational training, many years of professional practice or the successful completion of a separate course.

Applications under the Lower Saxony Justice Act (NJG) for interpreters for official and notarial purposes and sign language interpreters require:

  • Certificate of successful completion of interpreting or translation studies at a university or certificate of passing a state or state-recognised interpreter or translator examination or
  • Graduation certificates attesting successful attendance at a state-approved language school (for German and foreign languages) or
  • Certificate from the Chamber of Commerce and Industry for an interpreter or translator examination
  • at a university in a Member State of the European Union or an interpreter or translator's examination passed in a Member State of the European Union, provided that these are recognised as equivalent, or
  • Certificate of acquisition of the general higher education entrance qualification
  • Proof of linguistic knowledge and skills
  • Proof of knowledge of German legal language (legal terminology)

All documents must be attached in the original or as copies or digital images certified by an authority or a notary. If there are doubts about the authenticity of electronically attached evidence, these can be requested in the original or certified photocopy.

If documents are written in a language other than German, translations must be enclosed whose accuracy and completeness have been certified by a translator authorised in Germany (not the applicant himself).

Foreign documents that do not originate from a member state of the European Union must be provided with an apostille or legalisation to prove their authenticity. Further information can be found on the website of the Federal Foreign Office.

The following evidence must not be older than 6 months at the time of general swearing in and/or authorization:

  • Certificate of good conduct
  • Printing of the information from the central electronic debtor register
  • Certificate from the competent insolvency court

If the procedure is delayed because missing documents have to be submitted, this evidence must be resubmitted.

Auswärtiges Amt - International document traffic

What are the fees?

The Act on Costs in the Field of Administration of Justice provides for fees both for the authorisation to certify the accuracy and completeness of translations and for the general swearing of interpreters.

If both the general swearing in as an interpreter and the authorisation as a translator are requested for the same languages, the fee is charged only once.

The fee is due upon submission of the application. Fees are due in advance. The application and the necessary supporting documents will be examined only after payment of the fees.

In case of rejection of an application, the fees will not be refunded. If the request is withdrawn before a decision is taken, the fee is reduced to EUR 100.00 for the first language and EUR 60.00 for each additional language.

Fee: 150,00 EUR
Payment in advance: No
for the first language

Fee: 100,00 EUR
Payment in advance: No
each for each additional language

What deadlines do I have to pay attention to?

In principle, there are no deadlines for submitting applications. However, the general swearing of interpreters and authorisations of translators made before 01.01.2011 expired at the end of 31.12.2015. This shall also apply if they have been granted for an indefinite period or for a limited period beyond that date. The group of persons concerned may submit a new application at any time.

Previously issued general oaths in accordance with §§ 22 - 31 of the Lower Saxony Justice Act (NJG) continue to apply. In court, interpreters can invoke this general oath until 31.12.2026.

Processing duration

Applications for general oath and authorisation shall be decided upon without delay, at the latest within three months.

§ 24 para. 1 sentence 3 NJG

Applications / forms

The application for general oath and/or authorisation can be made both electronically and in writing. The application must be in writing, i.e. signed or authenticated by an electronic identity document.

The link to the online application can be found on this page. The prerequisite for the use of the online application is the use of a service account. You can also register a service account via the online application. To submit an exclusively electronic application, you must identify yourself with an electronic identity card. The option can be found in the online ID function section of the registration to the service account. With a foreign electronic identity card, you can use the Federal Service Account for registration and identification.

If you do not have an electronic identity card, the application must also be printed out and signed and sent by post after electronic transmission.

For the swearing in and/or authorization according to the NJG, the proof of professional aptitude must currently still be submitted in the original. The evidence must therefore be sent to the Regional Court of Hanover by post after online application. For a sworn in as a court interpreter, all evidence can be transmitted electronically. If there are doubts about the authenticity of electronically attached evidence, these can be requested in the original or certified photocopy.

The form for download with further information can be found here.

Forms for download and further information at the Regional Court of Hanover

Appeal

If your application has been rejected, you can appeal against the decision to the administrative court responsible for your place of residence within one month of notification.

The competent administrative court can be found in the Justice Portal of the Federation and the Länder

§ 52 VwGO

§ 67 VwGO

§ 74 VwGO

§ 80 NJG

What else should I know?

More information can be found at the Regional Court of Hanover.

Hanover Regional Court

Technically approved by

Lower Saxony Ministry of Justice

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Linie6PLus)