QUALETRA “QUALITY IN LEGAL TRANSLATION” WS2 Final Conference KU Leuven Antwerpen October 2014 QUALETRA JUST/2011/JPEN/AG/2975 With financial support from the Criminal Justice Programme of the European Commission Directorate General Justice

Workstream 2 The European Arrest Warrant

Objective of Worksteam 2 : The European Arrest Warrant as Special Case Generic analysis of the European Arrest Warrant (EAW) with a view to defining indicators, templates, and terminology to achieve quality in legal translation of these documents.

Workstream Activities & Deliverables Building a corpus of authentic EAWs Genre analysis : List of Quality Parameters and Indicators Developing a corpus of multilingual parallel and comparable supporting documents Setting up a Reference Translation Memory of aligned documents ( RTM) Setting up a termbase of concepts and terms relevant to the EAW Developing a training course on the translation of the EAW for legal translators and legal professionals

Activity 1 Building a multilingual corpus of EAWs Deliverable 1 Authentic and anonymised EAWs dealing with the three preferred offences of the project ( drug trafficking, fraud and theft) in the agreed languages ( English, French, Italian, Spanish & Dutch) were collected with the help of ( and validation by ) legal experts from EULITA, CCBE and ECBA This corpus will serve as the basis of some of the other outputs and deliverables of this workstream ( notably the genre analysis and the training component), but will also be disseminated for research purposes.

Activity 2 Genre Analysis Deliverable 2 Genre analysis of the European Arrest Warrant (EAW) was conducted with a view to defining indicators and parameters. The same parameters as those used by WS1 were identified and applied in the analysis of the EAW as a genre : 1) General parameters 2) Legal parameters

Genre Analysis General parameters: Structure and layout of information (type and structure of the document) Content (style, terminology, lexical and syntactic specificities, tenses, etc.) Phraseology and typically legal expressions.

Structure and Layout indicators The following structure and layout indicators were identified from the analysis of the EAW template/ form The EAW form displays the following sections/ components Information regarding the identity of the requested person Decision on which the warrant is based Indications on the length of the sentence Indication if the person appeared in person at the trial resulting in the decision Offence(s) Other circumstances relevant to the case (optional information) This warrant pertains also to the seizure and handing over of property which may be required as evidence The offence(s) on the basis of which this warrant has been issued is(are) punishable by/has(have) led to a custodial life sentence or lifetime detention order The judicial authority which issued the warrant

Content ( and Language Parameters ) Example of the English version Use of imperatives Use of noun phrases in section headings and bodies Full sentences are less frequent but also appear in some sections, especially where a broader explanation is needed In the description of the circumstances in which the offence(s)was (were) committed… the passive voice is often used Use of field-specific terminology

Content ( and Language Parameters) The receiver is only identified in the document as the executing Member State The formal register and official tone define the role relationship as detached and official. The text sender is defined as competent judicial authority. The request is made using the first person singular pronoun, otherwise, passive voice is used The sender is also referred to as the issuing member state. The specific institution issuing the warrant is identified at the end of the document

Legal parameters The following legal parameters were identified from the analysis of the EAW: Based upon deprivation of liberty Competent issuing judicial authority and executing judicial authority Time sensitive (short deadline for execution ) Identification of personal details identifying the accused Information on issuing and executing authority (heading, signature etc.) Facts

Activity 3 Develop supporting materials Deliverables 5 & 6 This was done at two levels: 1)Multilingual parallel corpus made of a collections of EU documents in the 5 preferred language s of the projects. The partners agreed on the following as the main documents for this task : Green Paper from the Commission: Procedural Safeguards for Suspects and Defendants in Criminal Proceedings (COM(2003) 75 final); Preparatory act (2010/C 165/02); Proposal for a directive on the right to information in criminal proceedings {SEC(2010) 907} and {SEC(2010) 908}; Revised version of the European Handbook on How to Issue a European Arrest Warrant These multilingual parallel documents were aligned and added as a TM for the use of legal translators and legal practitioners and will also be used in the training component

2) Multilingual comparable corpora: Collection of country specific documents on the EAW drawn from: Codes of criminal procedures Criminal codes The collection of documents was performed in the 3 preferred offenses: theft, fraud and drug trafficking and the five agreed languages of the project ( English, French, Italian, Spanish and Dutch ) The corpora is now being used to develop a termbase which includes comparable EAW phraseology extracted from the texts mentioned above ( work in progress)

Activit4 Training Deliverable 7 The last activity and deliverable of WS2 is to set up a training course on the EAW and its translation for legal translators and legal practitioners.

Training Who is the training for ?: Legal translators and legal practitioners who wish to acquire new skills or add to their existing skills in the specific context of the EAW Aim of the course : To set up guidelines which will contribute towards quality standards in legal translation ( not prescriptive, flexible and adaptable ) Designed to be adapted and customised to the different legal and cultural backgrounds across the EU ( university level, CPD etc.)

Training Content and duration : The course is made of 3 modules : 1) Introduction to the EAW (2hrs ) 2) The EAW in translation ( 2 hrs) 3) Practical workshop ( 3 hrs) Mode of delivery: onsite but can also be offered as an e- learning training course.

Content and Structure of the training course Module1 : Introduction to the EAW Training in the laws supporting the EAW for translators Familiarisation with the process of issuing an EAW Definition and features of EAW Language policies

Training Course content and Structure Module 2 : Translating the EAW 1) Overview on translation : Translation as process and product Translation and the notion of equivalence The role of the translator 2) Translating legal documents – general characteristics 3) The special case of the EAW

Training Module 3 : Practical workshop ( work in progress)

Assessment Will be dealt with by Workstream 4 tomorrow.

Thank you