1. Q UALETRA Q UALITY IN L EGAL T RANSLATION EU Multilingualism and Translation – from policy to practice Brussels, 15-19 October 2012 P2P Study Visits – No 48605 Directorate General for Translation (DGT) of the European Commission

2. Partners

3. Qualetra Introduction The EU has registered significant figures on criminal proceedings involving a non- national (± 10%) and cost factors of translation According to estimates made by DGJ in the Impact Assessment document of the Proposal for a Framework Decision on the right to interpretation and to translation in criminal proceedings, the need for legal translation will increase significantly Why? Growing mobility of EU citizens and globalisation Implementation of Directive 2010/64/EU on the Right to interpretation and translation in criminal proceedings > Consequences for the EU Member States legal practitioners translators training institutions

4. Qualetra Introduction - Rationale Little initiative has been taken to tackle these problems on a large scale Former and running EU projects mainly focus on legal interpreting > Project on legal translation: Qualetra Focus on a systemic chain of quality assurance Assessment of the specific needs of the EU Member States Customized and certified training materials (through ECQA) > EU-wide accreditation

5. Qualetra Introduction > Common minimum standards of procedural rights in criminal proceedings > Protection of basic rights of suspected and accused persons = Necessary for judicial decisions taken by EU Member States to be recognised by other Member States according to the principle of mutual recognition

6. Qualetra Introduction Result Transparent, cost-effective criminal proceedings in the EU courts guaranteeing the rights of suspected and accused persons as stipulated in Directive 2010/64/EU

7. Qualetra Project Activities

8. Workstream 1 Essential Documents Objectives Generic analysis of the essential document types listed in Directive 2010/64/EU with a view to defining indicators, templates, and terminology to achieve quality in legal translation of such documents

9. Description of the work Act 1 - Del 1, 2: Corpus building > Corpus of authentic (anonymized) documents which are mentioned in Article 3 of Directive 2010/64/EU: Decisions depriving a person of his liberty Charges brought against a person Indictments charging a person of a crime Judgments and decisions ending the criminal proceedings related to the criminal offence by the victim including at least a summary of the reasons for such a decision Other possible documents essential to the victim's exercise of their rights in criminal proceedings in accordance with their needs and their role in those proceedings

10. Description of the work Act 1 - Del 1, 2: Corpus building Corpus building with: ECBA CCBE EULITA Universities with a Law Faculty Universities with an integrated legal course for translators E.g. Lessius already has made gained support from the Antwerp Police and the Antwerp Court of First Instance to collect these materials = Basis of some of the outputs and deliverables of this workstream Disseminated for research purposes via the EULITA website

11. Description of the work Act 2 - Out 2 - Del 3, 4: Genre Analysis Genre Theory > analysis of the documents (Article 3 of the Directive 2010/64/EU) > List of Quality Parameters and Indicators (del 3). = Basis of a list of the essential documents: Directive 2010/64/EU on the Right to interpretation and translation in criminal proceedings The proposal for a directive of the European Parliament and of the Council on the right to information in criminal proceedings (del 4)

12. Description of the work Act 3 - Del 5, 6: Supporting materials Corpus of Activity 1 Output of Activity 2 > Additional supporting materials will be developed The combination of these deliverables will provide fertile grounds for Research in e.g. Master dissertations Spin-off projects which will lead to a further development of the field

13. Description of the work Act 3 - Del 5, 6: Supporting materials Multilingual/translated documents Del 6: A selection of multilingual/translated documents will be aligned and stored in a reference translation memory (RTM) Dissemination and use of RTM by professional translators > Increased quality in legal translation

14. Description of the work Act 3 - Del 5, 6: Supporting materials Termbase Termbase development by extracting relevant concepts and terms from the documents Termbase: merged with other multilingual terminology databases Terms > Trieste termbase TERMit, created on the basis of a customized SDL MultiTerm template (adapted to the needs of the project)TERMit TERMit : two glossaries on the terminology of Europol (DE, IT, EN) Ex aequo CIUTI prize for best MA dissertation in 2009

15. Description of the work Act 4 - Del 7: Publication > Wide dissemination of the results

16. Output Insight in the genre-specific aspects of the documents

17. Deliverables

19. No.Name of the activityPartner 0 Workstream Meetings ISIT (C), Lessius, Eulita, Comillas, London Metropolitan, UniTS, CCBE, ECBA 1 Collecting Documentation ISIT (C), Lessius, Comillas, London Metropolitan, UniTS, Eulita, CCBE, ECBA 2 Genre Analysis ISIT (C), Eulita, Comillas, London Metropolitan, UniTS, CCBE, ECBA 3 Supporting Materials ISIT (C), Lessius, UniTS, Comillas, London Metropolitan, Eulita, CCBE, ECBA 4 PublicationISIT (C), Lessius, Eulita, UniTS, Comillas, London Metropolitan, CCBE, ECBA Distribution of activities to each partner in this workstream

20. Workstream 2 The EU Arrest Warrant (EAW) as a Special Case Objectives 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

21. Description of the work Act 0 - Out 1: Workstream meetings Act 1 - Del 1: Corpus Building Corpus of authentic (anonymized) EAWs in different languages Corpus building with: ECBA CCBE EULITA Universities with a Law Faculty Universities with an integrated legal course for translators = Basis of outputs and deliverables of this workstream Disseminated for research purposes via the EULITA website

22. Description of the work Act 2 - Out 2 - Del 2: Genre Analysis Genre Theory > Analysis of EAWs

23. Description of the work Act 3 - Del 3, 4: Supporting materials Corpus of Activity 1 Output of Activity 2 > Additional supporting materials will be developed

24. Description of the work Del 5: RTM: Reference Translation Memory A selection of multilingual/translated documents will be aligned and stored in a reference translation memory (RTM) Dissemination and use of RTM by professional translators > Increased quality in legal translation

25. Description of the work Del 6: TERMit Termbase development by extracting relevant concepts and terms from the documents Termbase: merged with other multilingual terminology databases Terms > Trieste termbase TERMit, created on the basis of a customized SDL MultiTerm template (be adapted to the needs of the project) TERMit : two glossaries on the terminology of Europol (DE, IT, EN)

26. Act 4 - Del 5: Training Development of training for Legal Translators (LTs)(insights and results of Workstream 3) Training in the law supporting the EAW for translators and familiarization with the process of issuing an EAW Training in offences covered by the EAW for LTs Definition and main features, including language policies, of the EAW system with a view to providing translation strategies and quality indicators Development of testing and assessment procedures and materials for LTs dealing with EAWs

27. Act 5 - Del 6: Publication > Wide dissemination of the results

28. Outputs

29. Deliverables

31. Distribution of activities to each partner in this workstream

33. Workstream 3 Training Objectives Development of one or more core curricula and training materials for LTs Development of one or more core curricula for language training of legal practitioners

34. Description of the work Act 0 - Out 1: Workstream meetings Act 1 - Out 2 – Del. 1: Competencies Identification of the competencies and skills making up the professional profile of the Legal Translator (LT) To do this, the team will build on: 1)Guidelines and advice from legal experts 2)The skills and knowledge required for legal translation provided in the Aequitas Project (Sections 3 “Legal Translation at Diploma or First Degree/BA level” and 4 “Legal Interpreting and Translation at MA level” 3)With special reference to LTs, the person specifications, the three core competencies required of trainees (Pre-requisite competencies) and the five core translation-specific competencies to be developed during training (Building Mutual Trust project) 4)The competencies subsumed by the core curriculum of the EMT Network 5)The competencies making up the professional profile of the “Legal Interpreter” in the Final Report of the Reflection Forum on Multilingualism and Interpreter Training (p. 9) 6)The skills cards in the ECQA guidelines for certified professions which are relevant to the profession of the LT (e.g. Terminology Manager Basic)

35. Description of the work Act 1 - Out 2 – Del. 1: Competencies (2) Identification of the language competencies and skills needed by legal practitioners by building on: 1) The “Development of linguistic skills of legal practitioners” listed as a separate heading within the priority “European judicial training of European legal practitioners” (AWP 2012, p. 6) 2)The recommendation to “Make language training available to all judges, prosecutors and court staff” 3)The need to train all legal practitioners on legal terminology of foreign languages mentioned in the “Training Targeted at Professionals” 4)The analysis of the need for linguistic training for judges and prosecutors and the Guidelines on language training provided by the Sub-group Linguistic Training, Working Group “Programmes” (European Judicial Training Network 2011)

36. Act 2 - Output 3 - Del 2: Survey In cooperation with EULITA, CCBE/ECBA, EMT, EUATC and CIUTI > an EU-wide survey on: 1) Existing training options for LTs provided by professional associations, ad hoc training schemes (e.g. by local authorities, Language Service Providers etc.), training institutes and higher education institutions at MA level 2) Existing language training options for legal practitioners provided by professional associations, ad hoc training schemes, training institutes and higher education institutions at MA level Data > Report analysing the pros and cons of all such training options, the extent to which they obtain the core competencies and skills identified in Activity 1, and containing suggestions for improving the existing training options

37. Act 3 - Del 3, 5, 6: Legal training and training materials for translators 1)The course programmes at both First Degree and Initial Professional Level and Professional Postgraduate MA level provided in Chapter 5 (Training) of the Aequitas Project 2)The core modules for training LTs in the Building Mutual Trust project 3)Legal translation curriculum: LT’s independence and freedom from constraints from other actors in the criminal proceedings (judge, prosecutor etc.) and the need for the LT to act as a competent actor: access to the criminal file expertise in translating criminal proceedings using “simple and accessible language” input on the “relevance” of the passages of essential documents which need to be translated and on the level of “quality” of the translation sufficient to safeguard the fairness of the proceedings

38. Act 3 - Del 3, 5, 6: Legal training and training materials for translators 4) The curriculum/a will also address the need for the Continuing Professional Development and the Training of Trainers of LTs 5) The curriculum/a will highlight the importance of competence acquisition via real- life practice, looking at the proportion of classroom teaching vs. other methods, such as distance learning, placement, being mentored, acting as a translator trainee, etc. 6) The curriculum/a will also consider whether there is a need for subdividing legal translation into more specialized fields (and consider it in the curriculum design accordingly)

39. Act 3 - Del 3, 5, 6: Legal training and training materials for translators Deliverable: Detailed description of 1)Competencies and skills to be developed, the learning outcomes, the course outlines, the module contents, the teaching of the modules and the course administration guidelines of the core curriculum/a 2)Relevant training materials to be used for the development of those competencies and skills

40. Act 4 - Output 4 - Del 4: Language training for legal practitioners A joint curriculum would aim to develop: For LTs: legal knowledge (comparative legal cultures, principles of criminal proceedings, fundamental rights, and operation of cross-border cooperation); legal translation skills; LTs’ code of conduct For legal practitioners: awareness of translation issues (e.g. multilingual workflow) and translation skills (e.g. legal terminology) More innovatively, it would also aim to address in a COLLABORATIVE way issues such as the following: 1) How communication works across languages and cultures 2) Raising awareness and addressing misconceptions about mutual roles 3) How can legal practitioners work with LTs: e.g. when having to select a suitable translator from the approved register; when briefing the translator; learning to recognize and respect the translator’s role - e.g. in selecting relevant vs. non- relevant passages to be translated and the criteria to do this selection

41. Act 5 - Output 5 - Del 3: EU quality label for curricula EMT > Guidelines on establishing an EU quality label for accrediting curricula for highly qualified LTs and legal practitioners who need training in mastering a foreign language and its legal terminology > Reference for curriculum planning, assessment and comparison

42. Outputs

44. Deliverables

46. Distribution of activities to each partner in this workstream

48. Workstream 4 Testing, Evaluation & Assessment Objectives Development of testing, evaluation and assessment procedures and materials for LTs related to the specific working conditions of legal translation in criminal proceedings Development of EU-wide recommendations and best practices for testing, evaluation and assessment procedures and materials

49. Description of the work Act 0 - Out 1: Workstream meetings Act. 1 - Del 1, 2, 3 - Out 1, 2: Legal Translation Product Quality Assurance The project will look into the currently used assessment grids: ITR BlackJack SAE J2450 Translation Quality Metric, QA Distiller ATA These grids will be tested against the specific testing, evaluation and assessment needs in the field of legal translation and legal practitioners: there is no procedure so far for agreeing on error categories in legal translation For instance, what one evaluator categorizes as a spelling error, can be categorized as a grammar error by another evaluator

50. Act. 1 - Del 1, 2, 3 - Out 1, 2: Legal Translation Product Quality Assurance Three different testing formats will be developed and tested > Deliverable formats: Translation test Revision test Recognition test

51. Act 2 - Del 1, 2, 3 - Out 1, 2: Legal Translator Quality Assurance The second type of quality is the quality of the translator, who renders "information in the source language into the target language in written form" (EN 15038: 2006, p. 6) The project will refer to EN 15038 (2006), which describes the “professional competences of translators” > Attention will be paid to LTs' competences:

52. LTs' competences a)Translating competence b)Linguistic and textual competence in the source language and the target language c)Research competence, information acquisition and processing d)Cultural competence e)Technical competence

53. Act 2 - Del 1, 2, 3 - Out 1, 2: Legal Translator Quality Assurance The project refers also to another competence model which is developed by the PACTE Group (Process of Acquisition of Translation Competence and Evaluation) The aim is to compare both competence models and to select the best practices of both models in order to develop a customized competence model for this purpose Testing, evaluation and assessment of LTs' competences consist of three steps which will lead to the following deliverables: Competence description in cooperation with Workstream 3 (step 1) List of behavioural indicators which are related to the described competences (step 2) Reliable and valid measuring instruments related to the behavioural indicators (step 3)

54. Act 3 - Del 1, 2, 3 - Out 1, 2: Legal Translation Service and Process Quality Assurance The project will refer to the EN 15038 standard and on its related certification scheme (FIT-Europe) with the aim of customizing the standard to LT This will be done on the basis of case studies in the field of criminal proceedings translation projects Quality assurance in this context is considered as part of the systemic chain of quality assurance in that standardization will be supplemented with the essential certification and accreditation steps KU Leuven (Lessius) will cooperate with ECQA for this purpose

55. Outputs

56. Deliverables

58. Distribution of activities to each partner in this workstream

59. Workstream 5 Conferences Objectives Offering a wide forum to discuss best practices and practical implementation of the project results Dissemination of project results

60. Act 1 - Out 1 : Launching conference All partners receive an update of what is happening in Europe, and solicit early guidelines from all relevant stakeholders > Partnership can reflect on the issues in consultation with many stakeholders The conference will be attended by staff members of the partners, the external experts and invited participants from the EU Member States > High quality of the conference > Improve contacts between professionals and partners

61. Act 2 - Out 2, 3 - Del 1: Final conference European conference on training, assessment, certification and accreditation of LTs in criminal procedures The results of the project will be presented to all stakeholders Provide an EU-wide platform for exchange of best practices and experiences > Stronger harmonization of training courses, increased awareness of the issue of quality in legal translation in the Member States After the conference, a publication, the EULITA website, as well as continued cooperation within the EMT network will ensure sustainable results of the project

62. Outputs

64. Deliverables

65. Distribution of activities to each partner in this workstream

66. Methodology First, a state-of-the-art report of the current programmes in legal translation will be compiled through a survey sent to the EU universities, professional associations and other training providers of curricula in legal translation This survey will lead to a comparative assessment grid of the content, the assessment procedures and the possible certification and accreditation strategies of these programmes On the basis of this comparative instrument, best practices will be defined so that a competence grid can be developed which will serve as a benchmark for training in and assessment of legal translation which will comply with the quality criteria envisaged in Directive 2010/64/EU A systemic chain of quality assurance in the project can be secured thanks to the sequential as well as concurrent development of the different workstreams

67. Methodology This approach will facilitate curriculum development of LTs by focusing first on the specific training issues related to the Essential Documents specified in Article 3.2 of the Directive (Workstream 1) and Article 3.6 related to the quality of translation of the European Arrest Warrant (Workstream 2) These workstreams will provide a sound basis for developing legal translation training programmes which will develop the recommendations made in the Reflection Forum on Multilingualism and Interpreter Training and which will at the same time be flexible enough to meet the specific needs in the different Member States

68. Methodology Building on Workstreams 1, 2 and 3, the project consortium will use the available state-of-the-art expertise in test development and test administration to develop valid and reliable assessment procedures in Workstream 4 The combined results of curriculum development and assessment procedures, when implemented by a particular training institute or organisation in a member state, can lead to an EU-wide certification scheme and quality label

69. Innovation In contrast with the previous projects of the partners, mainly focusing on legal interpreting, this project focuses on Legal Translation (LT) There is N o survey of curricula, best practices, valid and reliable assessment procedures No consistency with regard to the quality of legal translation programmes in the Member States

70. Innovation > An overall systemic chain of quality in legal translation in criminal proceedings > Practical tools for valid and reliable assessment of legal translation in criminal proceedings > Guidelines or recommendations on legal translation as to an EU quality label > Practical tools to respond to the urgent and immediate needs of the EU Directive 2010/64/EU Interdisciplinary group to tackle these issues This project attempts to fill in these lacunae with regard to the pressing issues of quality in legal translation in criminal proceedings as is urgently required by the Directive and the transposition and implementation process

71. Qualetra Thank you for your attention! Dr Hendrik J. Kockaert, Coordinator hendrik.kockaert@arts.kuleuven.be Prof. Dr. Frieda Steurs, Dean frieda.steurs@arts.kuleuven.be