4.11.1. Legislative and policy updates
Countries undertook various actions to facilitate the provision of interpretation in the asylum procedure.
In terms of legislative changes, the Interpretation Act entered into force in Norway in January 2022. It follows from the Interpretation Act that when a public body is obligated to use an interpreter, a qualified interpreter must be used. The act also stipulates the requirement of professional conduct, including the duty of confidentiality, of interpreters.
In Iceland, a reform was put forward on administrative procedures, including asylum, in order to provide professional interpretation to individuals who do not speak Icelandic.
The new government in Sweden plans a reform to limit the right to a publicly-funded interpreter, in line with the minimum standards set by EU law.
Most countries use external services to secure interpreters and issue tenders. In 2022, OFPRA in France launched a tender procedure worth up to EUR 42 million for interpretation services, which expired in early September 2022.
Finland also launched a new tender with no major changes on the requirements. In addition, it implemented a new reception model for beneficiaries of temporary protection which involves municipalities in the provision of reception services, including interpretation.
Videoconferencing and other means of remote interpretation are commonly used to ensure easier access and faster processing of cases. As of 2022, interpreters in Ireland are allowed to use videoconferencing during the first instance procedure rather than provide interpretation by telephone. Similarly, a new law on the acceleration of the appeal procedure and the asylum procedure introduced the possibility for Germany to provide interpretation through videoconferencing. The measure is intended to be particularly helpful for rare languages and situations when there is a regional shortage of interpreters. Germany also increased the pool of available interpreters.
The legislation on delegating interpretation to the Ministry of the Interior’s employees with C1 or C2 knowledge of a relevant language was criticised by civil society organisations in Bulgaria due to the lack of impartiality.
To address the arrival of displaced persons from Ukraine, several EU+ countries
An area which is often unaddressed, interpretation for people with hearing impairments,
The efforts made by EU+ countries and institutions triggered some criticism by civil society organisations, which reported a two-tier system for people fleeing Ukraine and applicants from other countries. They noted the ad hoc support services
Box 3. EUAA support to countries
As part of the operating plans, the EUAA provides a range of support services to Member States, including training case officers and interpreters. The Agency provides general guidance on the effective use of interpretation in the asylum procedure to ensure quality and impartiality.
The EUAA also provides direct operational support when Member States are experiencing disproportionate pressure on their asylum or reception systems, for example when the demand for interpretation exceeds the capacity of existing services. The EUAA has significantly expanded its presence in EU+ countries following the war in Ukraine. New operating plans were signed in 2022 with Bulgaria, Netherlands, Czechia and Romania, and other plans were amended to provide additional support on the implementation of temporary protection. An average of 525 cultural mediators and interpreters were deployed in 12 Member States to facilitate communication between national authorities and applicants for international protection and beneficiaries of temporary protection (see Table 4.1).
Table 4.1. EUAA assistance with interpretation through operating plans
| Country | Step of procedure | Interpreters deployed | Operating Plan | |
|---|---|---|---|---|
|
Belgium | Reception | 22 | Operating Plan 2022, agreed by EUAA and Belgium |
|
Bulgaria | Temporary protection | N/A | Operational Plan 2022 agreed by the EUAA and Bulgaria |
|
Cyprus | Registration, information provision, procedures at first and second instance, reception, vulnerability assessment, relocation | 87 | Operational Plan 2022-2024 agreed by the EUAA and Cyprus |
|
Czechia | Temporary protection, registration, information provision | 21 | Operational Plan 2022 agreed by the EUAA and Czechia |
|
Greece | Registration, information provision, procedures at first instance, Dublin procedure, relocation, first and second-line reception | 236 | Operating Plan 2022-2024 agreed by the EUAA and Greece |
|
Italy | Access to procedure, referral of vulnerable applicants, second instance, voluntary relocations procedures, information provision for international protection and temporary protection | 49 | Operating Plan 2022-2024 agreed by EASO and Italy |
|
Lithuania | Reception (including information provision and vulnerability identification) | 42 | Operating Plan 2022 agreed by EASO and Lithuania |
|
Latvia | First instance and reception | 4 | Operating Plan 2022, agreed by EASO and Latvia |
|
Malta | Access to procedure, first instance, reception, identification, and referral of vulnerable applicants | 44 | Operational Plan 2022-2024 agreed by the EUAA and Malta |
|
The Netherlands | Reception of beneficiaries of temporary protection, reception and information provision | 3 | Operational Plan 2022-2023 agreed by the EUAA and the Netherlands |
|
Romania | Temporary protection | 6 | Operational Plan 2023 agreed by the EUAA and Romania |
|
Slovenia | Procedures at first instance | 4 | Operational Plan 2022 agreed by the EUAA and the Republic of Slovenia |
|
Spain | Temporary protection and voluntary relocation procedure | 7 | Operational Plan 2022-2023 agreed by the EUAA and Spain |