REGULATIONS ON PERMANENT COURT INTERPRETERS (Official Gazette 132/05)
Pursuant to Article 82, paragraph 5 of the Law on Courts (Official Gazette no. 3/94, 100/96, 115/97, 131/97, 129/00. 67/01, 5/02, 101/03, 17/04 and 141/04), the Minister of Justice issues
RULEMAKING ON PERMANENT COURT INTERPRETERS
I. GENERAL PROVISION
Article 1.
This Regulation prescribes the procedure for determining the qualifications for a court interpreter, their rights and duties, and the amount of remuneration and reimbursement of expenses for their work.
II. DETERMINATION OF QUALIFICATIONS FOR SERVING AS A PERMANENT COURT INTERPRETER
1. Conditions
Article 2.
A person meets the requirements for a court interpreter if, in addition to the general conditions prescribed for admission to public service, they also meet the following special conditions:
– in addition to knowledge of the Croatian language, has full command of a particular foreign language and, in the area of the court where, alongside Croatian, the language of an ethnic or national community or minority is an official language, has command of that language as well,
– is familiar with the structure of the judiciary, the civil service, and legal terminology,
– has a college degree.
A person who is subject to disqualifications for appointment to public service under Article 8, paragraph 1. Law on Civil Servants and Employees, nor a person who has been convicted by a final judgment or against whom criminal proceedings are pending for a criminal offense that makes them unfit to perform the duties of a permanent court interpreter.
A foreign national or a stateless person may also be appointed as a permanent court interpreter if, in addition to the conditions prescribed in paragraphs 1 and 2 of this article, they have approval from the Ministry of Justice.
Legal entities may perform the duties of a permanent court interpreter if they are registered for these services and have permanent court interpreters for the relevant languages in permanent employment, who are registered with the entity.
Upon commencement of their operations, legal entities are required to notify the president of the competent county or commercial court and submit a list of the sworn court interpreters employed by the legal entity.
Article 3.
The procedure for the appointment of a permanent court interpreter is initiated by submitting an application to the president of the relevant county or commercial court.
The application must be accompanied by a resume, proof of education and language proficiency, and a certificate from the competent court stating that the applicant is not under investigation, is not the subject of criminal proceedings, and has not been convicted of a crime that would be a barrier to public service employment.
Language proficiency is proven with a certificate from an internationally recognized language proficiency exam for the language for which the candidate is seeking appointment.
Before deciding on the application, the president of the respective county or commercial court will direct the candidate to a knowledge assessment on the structure of the judiciary and the state administration, as well as on legal terminology.
A candidate for a permanent court interpreter who is a qualified lawyer is not subject to the knowledge check under paragraph 4 of this article, nor is a person who has already been appointed as a permanent court interpreter for another language.
Article 4.
Professional training for candidates for permanent court interpreters shall be conducted according to a program established by professional associations of permanent court interpreters that have at least one member who is a permanent court interpreter for the language for which the candidate training is being conducted.
The training is approved by the Ministry of Justice upon the association's request. The association must also attach the training program to its request.
The training may last for a maximum of six months.
The amount of the fee for conducting the professional training is determined by the Minister of Justice.
2. Verification
Article 5.
The examination is conducted before the Commission for the Verification of Knowledge (hereinafter: the Commission) according to the program prescribed by the Minister of Justice.
The Commission is established at the county or commercial court.
The Commission has a chair and two members.
The chairperson and members of the Commission are appointed by the president of the county or commercial court from among the judges of that court for a term of two years.
The chairperson and members of the Commission are entitled to a fee for their work. The amount of the fee per candidate is determined by the Minister of Justice.
The expenses for the work of the Commission are borne by the candidate for permanent court interpreter.
Article 6.
The candidate's knowledge assessment before the Commission is conducted orally.
A record of the Commission's proceedings is kept for each candidate. The record contains: the candidate's first and last name and address, the composition of the Commission, the date of the knowledge assessment, the proceedings, and the result.
The Commission evaluates the result of the knowledge assessment and determines whether the candidate has "passed" or "failed" the assessment.
Article 7.
A candidate who did not pass the knowledge assessment may reapply for the assessment after three months.
3. Decision on the request
Article 8.
The president of the respective county or commercial court decides on the request after the procedure has been conducted and the data have been collected.
The request is decided by a decision.
4. Denial of the Request
Article 9.
The President of the County or Commercial Court shall issue a decision denying the request of the interested party:
– if the applicant does not meet the requirements of Article 2 of this Regulation,
– if the applicant did not pass the knowledge verification.
An appeal may be filed against the decision from the previous paragraph with the Ministry of Justice within 15 days of its delivery.
The appeal is submitted in person or sent by mail to the president of the relevant county or commercial court in two copies.
5. Decision on Appointment
Article 10.
If the applicant meets the requirements of Article 2 of this Regulation and is evaluated as "satisfactory" at the knowledge assessment, the president of the relevant county or commercial court shall issue a decision on the appointment of the permanent court interpreter.
A court-appointed interpreter is appointed for a term of four years.
The decision on the appointment of a permanent court interpreter shall contain:
– the interpreter's personal information,
– the name of the language for which the interpreter is appointed.
– information on professional qualifications and proof of proficiency in the foreign language or the other official language in Croatia,
– an evaluation of the knowledge assessment before the Commission.
The president of the county or commercial court will notify all municipal courts within the jurisdiction of the county or commercial court of the appointment of the court's permanent interpreter.
6. Oath
Article 11.
The person appointed as a permanent court interpreter takes an oath before the president of the county or commercial court.
The text of the oath is as follows:
"I swear on my honor that I will perform the duties of a court interpreter professionally, conscientiously, and to the best of my ability."
The sworn court interpreter will sign the oath.
7. Reappointment
Article 12.
A permanent court interpreter, after the expiration of the term for which they were appointed, may be reappointed for a term of four years.
The application for reappointment must be submitted no later than 30 days before the expiration of the term for which they were appointed.
Along with the application for reappointment, the court interpreter must submit proof that they are not under investigation, that no criminal proceedings are pending against them, that they have not been convicted of a crime that would be a bar to public service, and a list of their previous translations.
The president of the court, upon determining that there are no impediments to the appointment, shall issue a decision on reappointment.
A re-appointed permanent court interpreter does not take an oath.
8. Dismissal
Article 13.
The President of the respective county or commercial court shall dismiss the appointed permanent court interpreter:
– if he or she so requests,
– if it is determined that the conditions under which they were appointed did not exist or have ceased to exist,
– if, by a final decision of a competent authority, they have been declared unfit to perform the activity or profession for which they were trained or which they practice as their occupation,
– if his/her legal capacity to conduct business has been revoked by a final court decision,
– if the sworn court interpreter is convicted by a final court decision or is subject to criminal proceedings for a criminal offense listed in Article 8, paragraph I of the Law on Civil Servants and Employees, or for any other criminal offense that makes him unfit to perform the duties of a sworn court interpreter,
– if he or she performs the translation tasks entrusted to him or her negligently or in a sloppy manner,
– if, due to a change of residence, they leave the jurisdiction of the county or commercial court for which they were appointed.
An appeal may be filed against the decision of removal with the Ministry of Justice within 15 days of the decision's delivery.
The appeal is submitted in person or sent by mail to the president of the respective county or commercial court.
Article 14.
Upon the finality of the decision on removal, the court-appointed court interpreter is deleted from the List of Court-Appointed Court Interpreters. A note of the deletion is entered in the "remarks" section. All courts are notified of the deletion.
On the date of deletion from the List, the sworn court interpreter is required to close the Register of Translations and Certifications and submit it, along with their seal, to the president of the county or commercial court that appointed them as a sworn court interpreter.
Article 15.
The provisions of the General Administrative Procedure Act (Official Gazette, No. 53/91) shall apply to the procedure for the appointment and dismissal of permanent court interpreters.
9. List of Permanent Court Interpreters
Article 16.
County or commercial courts maintain the List of Permanent Court Interpreters appointed within their jurisdiction and forward it to all courts within the territory of the county or commercial court. The list is kept on the form printed with this Regulation and is an integral part of it.
The lists must be kept in an orderly and timely manner.
If a court interpreter dies, is dismissed, or is not reappointed, they are removed from the List of Court Interpreters. All courts within the jurisdiction of the county or commercial court and the Ministry of Justice are notified of this.
Article 17.
County and commercial courts shall publish the list of permanent court interpreters in the "Official Gazette" and on the court's bulletin board, and shall also submit it to the Ministry of Justice no later than March 31 of the current year.
Record of the work of a permanent court interpreter
Article 18.
A permanent court interpreter is required to keep a record of their work.
The record referred to in paragraph L of this article is kept in the form of a book titled "Record of Translations and Certifications." The book must be bound with a tamper-evident seal and certified by the president of the county or commercial court.
The "Journal of Translations and Certifications" is kept on prescribed A4-sized forms, bound into a hardcover book. The cover is marked with the label "Journal of Translations and Certifications".
The following information is entered in the Register of Translations and Certifications:
– serial number,
– the date of receipt of the document for translation or the date the oral translation was completed,
– the number and date of the act of the court, other state body, or legal entity at the request of which the translation is being performed, or the first and last name, address, and personal ID number of the document submitter,
– subject of the translation,
– an indication of whether the translation will be used domestically or abroad,
– the amount of the administrative fee charged for the translation, if such a fee is prescribed,
– the amount of the fee and other expenses charged for the translation,
– a certificate from the document submitter that the translation has been completed and the date it was completed,
– Remark.
The Register of Translations and Certifications is closed at the end of the calendar year. A line is drawn under the last entry of the current year, and the register is submitted to the president of the relevant county or commercial court for signature during January of the following calendar year.
10. Certificate
Article 19.
The translation of a document is certified by the court-appointed interpreter with the following certification: "___________, a court-appointed interpreter for the _______ language, appointed by decision of the President of the County – Commercial Court in _________, number ______, dated ___________, certifies that the above translation is a complete and accurate translation of the original document, which was drawn up in the ___________ language.
The certificate must be in the language into which the document was translated.
The certificate from paragraph 1 of this article is translated into all languages. The standard text for the translation is provided by the professional association of court interpreters and translators, and the appointed court interpreter or translator receives it from the office of the president of the competent county or commercial court, together with the decision of appointment.
If the translation of a document comprises two or more sheets or pages, the pages of the translation must be numbered sequentially, and the sheets or pages must be stapled and certified at the end with the seal and signature of the court-appointed interpreter.
The cover page, each subsequent page, and the last page of written translations with the certification text have a uniform appearance, according to the form that is an integral part of this Regulation.
Below the certification, the place and date of the translation are indicated, followed by the number corresponding to the sequential number of the Translation and Certification Register, the sworn signature, and the court interpreter's seal.
If a fee is prescribed for the translation, it is affixed to the translation and canceled with the translator's stamp, and the fee amount is separately indicated on the translation, with the corresponding tariff number.
11. Duties
Article 20.
A permanent court interpreter has a seal, which they are required to obtain at their own expense.
The seal is round, without the coat of arms of the Republic of Croatia, with a diameter of 38 mm. The text of the seal contains: the interpreter's first and last name, the designation "court interpreter" and the language for which the interpreter is appointed, as well as the interpreter's place of residence.
The text of the stamp is in Croatian and the language for which the interpreter has been appointed. The stamp is blue.
A sworn court interpreter is required to submit a seal impression and a handwritten signature to all courts within the jurisdiction of the county or commercial court where they were appointed as a sworn court interpreter.
A sworn court interpreter is required to post, at their own expense, a sign on the building where they conduct their business with the text: (insert name and surname), Sworn Court Interpreter for (language for which they were appointed), followed by the street name and house number.
A sworn court interpreter is required to issue an invoice for the translation service provided.
A sworn court interpreter is required to notify the competent county or commercial court of any change to their personal information.
Article 21.
A sworn court interpreter is required to perform the tasks for which they are authorized in a conscientious manner and in accordance with regulations.
III. FEES AND EXPENSE REIMBURSEMENT FOR THE SERVICES OF PERMANENT COURT INTERPRETERS
1. Reimbursement of expenses
Article 22.
A sworn court interpreter is entitled to reimbursement for expenses incurred in connection with the translation.
Fees include:
– travel expenses,
– expenses for food (per diem),
– accommodation costs (overnight stay) and
– compensation for lost wages or earnings.
Travel expenses
Article 23.
Travel expenses include reimbursement for transportation by public means.
The costs from paragraph I of this article include expenses for travel from the place of residence, or place of stay, to the place where the sworn court interpreter will perform the translation, as well as for the return trip to the place of residence or place of stay. These costs also include expenses for transportation by public means in the place of residence or domicile.
Public transportation, for the purposes of this Regulation, includes streetcar, train, bus, ship, and airplane.
Article 24.
The transportation allowance is due for travel made by the shortest route and the most economical means of transportation.
The amount of the transportation allowance is determined based on a travel ticket, or by another appropriate method.
Article 25.
On travel routes where public transportation is not available, or is not available at a convenient time, or where it is necessary for other reasons to use one's own vehicle, permanent court interpreters are entitled to an expense allowance in the form of a mileage reimbursement.
If the trip is made using one's own vehicle, the amount of the transportation reimbursement is determined based on the number of kilometers traveled, in accordance with the regulations applicable to the judges of the court conducting the proceedings.
Meals and lodging
Article 26.
Meals (hereinafter: per diem) cover the necessary expenses for food for the time a court interpreter is away from their place of residence or stay for more than 8 hours. including the time required to travel to the location where the translation will be performed as well as for return travel to the place of residence or domicile.
For time spent away from their place of residence between 8 and 12 hours, a court-appointed interpreter is entitled to a fee equal to half of the daily allowance, and for time spent between 12 and 24 hours, the full daily allowance, which is paid by the judges of the court conducting the proceedings.
Accommodation expenses (hereinafter: lodging) are reimbursed in full based on the submitted invoice, up to the amount of the lodging rate for a hotel in the same location that is reimbursed to the judge.
2. Remuneration for the interpreter's work
Article 27.
Written translations are billed at a standard rate per 50-character line. The smallest billing unit is one standard card with 30 lines. Each typed character (letter, punctuation, formula, symbols) is included in the line count.
The fee is as follows:
1. For translation from a foreign language into Croatian and for translation from Croatian into a foreign language, 5.00 kuna gross per line;
2. For translation of scientific, technical, and special script texts (Arabic, Chinese, Japanese, etc.), 7.50 kuna gross per line;
3. For translation from one foreign language to another, 5.00 kuna gross per line;
4. For certification of the text, a 30% surcharge is applied to the price of the completed translation;
5. For an urgent translation, a 50% surcharge is applied to the price of the completed translation.
Article 28.
For interpreting spoken text from Croatian into a foreign language and vice versa, as well as from one foreign language to another, the sworn court interpreter is entitled to a fee of 150.00 Croatian kuna gross per hour.
The time spent on translation is calculated as the total period from the sworn court interpreter's arrival at the location where the translation is performed until the need for their presence ceases.
Article 29.
A court-appointed interpreter is entitled to reimbursement for any cash expenses incurred in connection with the interpretation.
The permanent court interpreter is required to issue a receipt for any payment received for fees and other expenses related to the interpretation. Upon a party's request, they must also issue a written breakdown of the fee or an invoice for other expenses.
Article 30.
The amount of the fee and reimbursement for other expenses for court-ordered translation is determined by the court that requested the translation.
IV. TRANSITIONAL AND FINAL PROVISIONS
Article 31.
The work of the permanent court interpreters is supervised by the county or commercial court that appointed the permanent court interpreter and by the Ministry of Justice.
Article 32.
The provisions of this Regulation shall also apply mutatis mutandis to interpreters appointed by the court for a specific case, as well as to sign language interpreters for the deaf-blind, the deaf, the mute, or other persons with whom it is not possible to communicate in another way due to physical or other disabilities.
Article 33.
Presidents of county and commercial courts are required to submit a copy of the decision on the appointment or dismissal of a permanent court interpreter to the Ministry of Justice.
Article 34.
A court-appointed interpreter appointed pursuant to the provisions of the Rules on Court-Appointed Interpreters (Official Gazette no. 35/98) shall cease to be an interpreter on the day the term for which they were appointed expires, unless reappointed as a court-appointed interpreter for the relevant language pursuant to the provisions of these Rules.
Article 35.
Permanent court interpreters appointed pursuant to the provisions of the Rules on Permanent Court Interpreters (Official Gazette no. 35/98) are required to submit, along with their application for reappointment as a court interpreter, a certificate of an internationally recognized language proficiency exam for the language for which they are seeking reappointment.
Article 36.
Upon the entry into force of this Regulation, the Regulation on Court Interpreters (Official Gazette, No. 35/98) shall cease to apply.
Article 37.
This Regulation shall enter into force on the eighth day after its publication in the "Official Gazette."
Class: 700-01/95-01/11
File No.: 514-06-05-I
Zagreb, October 10, 2005.
Minister
Vesna Škare Ožbolt, s/n.