Zofia Rybińska
European Legal Interpreters and Translators Association EULITA
Polish Society of Sworn and Specialized Translators (TEPIS), Poland
The Continuing Professional Development of Legal Interpreters and
Translators in Poland
The Polish Society of Sworn and Specialized Translators, TEPIS
promotes the idea that the sworn translator must uphold professionalism,
defined as resting on and guaranteed by diligence and continuing
professional development. The need for professional development is
determined, above all by the fact that the profession is perceived by law and
the public as one of public trust because of the role played in judicial
proceedings. We, the TEPIS Society, are aware that the Polish legal system is
changing and is continuously adapting to European Union requirements.
Thus, we not only advocate self-education but we organize regular courses
of continuing professional development, and this has been introduced – as a
framework idea – to the Act on the Profession of Sworn Translator.
The report first will address the statutory requirements for obtaining
the right to practise the profession of sworn translator and then the basic
professional studies offered by higher education institutions in Poland. Next
the report will present various forms of professional development
established by the Professional Development Board of the TEPIS Society. IN
so doing we will look closely at such forms of training as: Workshops on Legal
and Specialist Translation; Repetitoria, a kind of refreshment courses; and
the Sworn Translator’s Laboratory with its various courses.
Keywords: translation, international criminal courts, language rights
Status of Polish sworn translators
In Poland, since 2005, it is the Minister of Justice who awards to trained professionals
the title “sworn translator”. That title covers both legal translators and court interpreters.
Therefore, this is a profession governed by Polish law, namely “The Act on the Profession of
Sworn Translator”, which has been in force since 2005. Thus, in this sense it is a regulated
profession.
Candidates to the profession who successfully pass the state examination before the
State Examination Board at the Ministry of Justice are awarded the Certificate of Sworn
Translator – this being a “licence to practise the profession”. Their name is then entered in
the Register of Sworn Translators kept by the Minister of Justice.
Sworn translators in Poland are entitled to use an official round seal to certify their
translations. That seal, issued by the State Mint, bears the name and register-number and
working language of the ST. Sworn translators are entitled to translate and interpret both
ways: from and into their working language pair. Thus, they are persons in whom public trust
is vested and persons who are crucial for the fate, if not the life, of other human beings.
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zrybinska@zofiarybinska.pl
Polish sworn translators bear statutory responsibility for their acts, and this makes them
obligated to obey certain rules for translating that are established both by law as well as
professional ethics and good practice. It is this very responsibility that makes the translator
duty–bound to undergo continuing professional development and to be ever mindful of the
need for translation of the utmost quality.
Who may become a sworn translator in Poland?
The Act on the Profession of Sworn Translator provides that not only Polish citizens
may become sworn translators in Poland but also citizens of a European Union Member
State, a European Free Trade Agreement Member State – the party to the Agreement on the
European Economic Area. They must of course know the Polish language, have full capacity
for acts in law, have a clean criminal record (as far as intentional offences, fiscal offences and
unintentional offences against the safety of economic dealings are concerned).
The examination may be taken only by holders of the magister degree, i.e., graduates
of any second or long cycle programs of university departments [roughly an equivalent to
MA degree]. Until July 1, 2011 non-linguists had to complete post-(magister) diploma studies
in translation and interpreting, but this requirement was repealed with the aim of enabling
people who have completed other than linguistic departments to become sworn translators.
From the legislator’s point of view this amendment cleared access to the profession of
sworn translator for non-linguists who speak less commonly used languages. But it drew
criticism from legal professionals and the TEPIS Society.
Deregulation process
The Ministry of Justice, however, plans to go further in its deregulation process. [For
your information- Poland is said to have too many regulated professions. A list of 200
professions has been determined with regard to which regulations have been considered
excessive or unnecessary]. Therefore, we in Poland are experiencing a deregulation process
aimed at eliminating obstacles that are purportedly hindering access to too many
professions, including the profession of sworn translator. The planned move concerning
sworn translators is to lower the level of required education, from the present magister
degree to the certificate of secondary education. The TEPIS Society, in its formal position
warned the Ministry about the wrongly understood elimination of limitations hindering
access to the profession and pointed out it would suffice to give the Minister the right to
give consent to a candidate who holds other than a magister degree to take the state
examination in justified cases. As yet, the Ministry fortunately is not about to do away with
the requirement of passing the state examination. Its passing rate is low, approximately 25
percent. It is difficult and demanding even for the holders of magister degree, and thus it is
still a good filter and a tool for securing a well-qualified and responsible group of
professionals.
TEPIS also noted that the hitherto existing level of education is in conformity with the
recommendations of the Reflection Forum on Multilingualism and Interpreter Training which
established the professional profile of legal interpreters. These recommendations
concerning the language proficiency of the candidates specify that the highest levels C1 and
C2 should be required of legal interpreters. Such levels may be achieved predominantly at
higher studies. Exceptions are allowed.
The legal status of sworn translators
In that light, the 2004 Act (obligatory as of 2005) was a milestone in the history of
sworn translators in Poland, as it changed the legal status of Polish sworn translators, adding
prestige to those practising the profession. The previously auxiliary function performed by
sworn translators for the courts and law enforcement agencies was then upgraded to the
profession of sworn translator. Naturally, the fact of raising the profession’s status won the
applause of virtually all Poland’s sworn translators then. Unfortunately this greater prestige
was not linked to an increase in translators’ fees, which were and still are considerably low
for law enforcement bodies’ assignments. However, with the prestige came greater
professional accountability for the acts, tasks, and duties performed by sworn translators. A
system of penalties has also been introduced which includes admonition, reprimand, and
suspension of the right to practise the profession for a period from 3 months to one year, as
well as loss of the right to practise the profession of sworn translator, with the possibility of
applying for obtaining the right again not earlier than 2 years after the loss was imposed and
after the translator has successfully passed the examination again.
Specialized education for sworn translators
The Act seems to be a good piece of legislation. However, even the best such acts
are not enough to ensure the high qualifications of professionals as required for the proper
administration of justice. Adequate conditions must be created at higher education
institutions for candidates wishing to become sworn translators to acquire the necessary
knowledge, competence, and skills.
Major Polish universities, like the Jagiellonian University (UNESCO Chair), University of
Warsaw (Institute of Applied Linguistics), Adam Mickiewicz University in Poznań (Neo
Philology Department), Maria Curie Skłodowska University in Lublin (Institute of Applied
Linguistics) and three other HEIs train professional interpreters and translators, introducing
to their curriculum courses in legal translation and interpreting. Very often, however,
candidates for sworn translators still undergo post-(magister)-diploma courses in legal
translation and interpreting. Such courses are offered by around 40 higher education
institutions in Poland.
Very often those higher education institutions are places where academics and
experienced professionals meet and share their knowledge, experience, and competences.
TEPIS and the university training for legal translators and court Interpreters
Many years ago the TEPIS Society, which I represent, understood the need to bring
together academics and experienced professionals. At the initiative of and in collaboration
with the TEPIS Society, the Interdisciplinary Postgraduate Studies in Translation and
Interpreting were established at the Institute of Applied Linguistics, University of Warsaw in
1998. The first school to offer such training in legal translation and court interpreting. The
programme, proposed by experienced TEPIS sworn translators met the requirements
stipulated in the Regulation on Examinations for Sworn Translators and gained recognition
from academics. It has been operating ever since. Though the programme of the School is
addressed mainly to non-philologists, it has gained popularity among philologists and
linguists, as well. Members of TEPIS invited to teach legal translation alongside academics
have been engaged in this work for fifteen years and have meaningfully contributed to the
success of the School. This programme originally launched for the English/Polish language
pair alone - nowadays is offered also for German, French, Italian, Russian, and Spanish as
well. Arabic will be added this coming academic year. The School management is also
thinking about devising a programme for the so- called rare languages (limited diffusion
languages).
By way of example let me give you the programme of the offered course of study. The
training lasts 18 weekends during the academic year, 20 hours each weekend, thus a total
360 hours:
The block of theoretical classes includes:
Theory and practice of translation/interpreting
- 20 hrs
Basics of Polish law
- 40 hrs
Translator/Interpreter’s ethics and etiquette
– 10 hrs
Basics of the law of the B* language area
- 40 hrs
Court interpreting/translation methodology
– 20 hrs
Total: 130 hrs
The bloc of practical classes includes:
Translation/Interpreting workshops
– 180 hrs
Polish legal language stylistics
- 20 hrs
Legal B language discourse analysis
- 20 hrs
Methodology of legal translation/interpreting
– 10 hrs
Total: 230 hrs
*B language –means the chosen one
The most experienced TEPIS members are being invited to deliver lectures and
provide their expertise in devising study programmes at universities in other Polish cities as
well. TEPIS has signed cooperation agreements with the leading Polish universities, among
them are: the University of Warsaw, the Jagiellonian University (of Krakow), the Adam
Mickiewicz University (in Poznań), the University of Gdańsk, Nicolaus Copernicus Universitiy
(in Toruń), the University of Warmia and Mazury (in Olsztyn). Those experienced TEPIS
members run specialist lectures on the professional ethics of the translator, methodology of
translation, and classes in legal translation/ interpreting under the auspices of TEPIS.
Continuing Professional Development within TEPIS
The Polish Society of Sworn and Specialized Translators, TEPIS promotes the idea that
the sworn translator must uphold professionalism, which rests on and should be guaranteed
by diligence and continuing professional development. The need for professional
development is determined, among other things, by the fact that the profession is perceived
by law and the public as a profession of public trust because of the role played above all in
court proceedings. We not only advocate self-education, but we organize regular courses of
continuing professional development, which has been introduced – as a framework idea – to
the Act on the Profession of Sworn Translator (2005).
Annual Workshops
The Professional Development Board of the TEPIS Society has organized annual
specialist workshops on Legal and Specialist Translation ever since 1991. They are always
linked with the celebrations of St. Jerome’s Day, which is International Translator’s Day and
are held on the last weekend of September or in early October. This year we will hold our
27th Workshop on the 5th of October. The Workshops used to be a two-day event, but
recently they have been a one-day event. We start with a plenary session gathering all
language groups - 3 hours and afterwards we split into language sessions in all language
groups (3 hours) Invited academics and experienced members share their knowledge about
relevant new developments or special translation issues. The day ends with a banquette
called “A toast to St. Jerome”.
Repetitorium
In 2006 a new form of professional development was launched, called the ‘Repetitorium’
after the maxim Repetitio mater studiorum est. Repetitorium meetings are held in Warsaw
every quarter and in other cities as organized by all the TEPIS Chapters. Repetitoria are a
kind of refreshing workshop. Their formula includes a plenary gathering for all language
groups during which an hour is devoted to Polish language issues, and another to the
theoretical background of the topic assigned for the Repetitorium. Afterwards practical
sessions are held in several language groups during which translation of documents or
interpreting issues related to the topic are discussed.
Laboratories
Endeavouring to meet sworn translators’ needs, in 2008 we introduced yet another formula
called the Sworn Translator’s Laboratory – a basic course, addressed both to candidates for
the title of sworn translator and those already practising the profession. It lasted for three 8hour days, in total 24 hours. Polish was the working language. The curriculum covered
lectures on the sworn translator’s legal status, the Code of the Sworn Translator,
methodology of translation and court interpreting, information on the State examinations,
practical information on taxes, the translator’s register, and other practical issues.
Participants obtained a Certificate of Attendance. We used to have a course of training
called the Laboratory for the Teachers of Status and Professional Ethics of the Sworn
Translator“. This used to be an advanced, seminar style course, addressed to teachers of that
subject at universities, likewise to experienced sworn translators who wanted to enrich their
knowledge for their own benefit.
It lasted 6 hours, was held over one day, and its
participants obtained a Certificate of Attendance.
Thematic Laboratories
In March 2013 we offered specialist, thematic Laboratories addressed to professional
translators: we successfully ran the Laboratory on “Financial English – easy or difficult” and
“Tax language – easy or difficult? – each of which was a 4-hour meeting.
The program of the second Laboratory covered the following issues:
- Definition of Tax,
- Canons of Taxation
- Tax Functions and Its Evolution
- Tax Systems
- Tax Forms
- Common Tax Mistakes
- Tax Incentives
- Tax Havens
- Financial Sector Taxation
- Tax Ordinance - Selected Terms
- Double Taxation Treaties
- Tax Slang
- Tax Correspondence)
- Tax Dictionaries, and
-examples of texts about taxation from the Financial Times and the Wall Street Journal
Similar Laboratories were organized by TEPIS Chapters and proved to be a success.
However, another Laboratory: called “Workshop on Business Law and Property Law”, with
oral presentations and role playing in English to be offered by Prof. James Hartzell failed to
happen due to the small number of interested candidates or perhaps the prices which had to
be paid by interested translators/interpreters.
Laboratory for Candidates for the title of Sworn Translator and for Specialist Translators
and Interpreters
In 2010 the Professional Development Board of the TEPIS Society
introduced a nine-month weekend course of training. It includes five (5) modules, totalling
to 144 hours:
Module 1. Profession of Sworn Translator - legal status and professional practice – 16 hrs.
Module 2. Translation/Interpreting of official, legal and notarial texts – 36 hrs
Module 3. Translation of economic and financial texts – 36 hrs
Module 4. Court translation and interpreting - theoretical legal issues - 8 hrs; practical
workshops – 40 hrs
Module 5. Techniques assisting interpreting - 8 hrs
TEPIS publications for CPD
As above said the TEPIS Society advocates the continuing self-education of
professional STs. To that end, TEPIS also endeavours to publish books and periodicals.
Moreover, papers which are delivered during workshop meetings and at other events,
including the International FIT Forums of Court Interpreting and Legal Translation which
have been held in Poland. These papers are subsequently published in the form of
proceedings and also in the form of articles in Lingua Legis, the renowned journal on legal
translation and court interpreting. Under the auspices of TEPIS we have published a number
of collections of parallel texts in English, German, French, Russian and Polish which provide a
reference base for teaching, self education and the everyday practice of translating Polish
documents into the respective languages.
Professionalism and good quality
In closing I would like to emphasize yet another point: namely, that professionalism
and good quality do not come for free, nor without hard work and adequate investment.
Sworn translators in Poland, and I believe the same holds true for LITs in every country, are
all aware that languages change, systems of law and procedures change, and translators
need to keep abreast of new developments in their area of specialization.
In order to perform all the roles they are entrusted with in a reliable manner, that of
sworn translators, jurilinguistic experts, experts in cultural diversity and authenticators to
facts, sworn/legal/certificated translators must constantly refresh and develop their
knowledge and skills.
Nowadays, continuing professional development in Poland is left to sworn translators
themselves. It would be most welcome if the Ministry of Justice understood the importance
of CPD and could assist sworn translators and their associations in offering training.
Quality must be well paid. Conscientious sworn translators constantly subject
themselves to critical self–assessment in order to find out whether they are living up to the
requirements of the profession. The Minister of Justice should not only keep the register of
sworn/certified translators, but they should also assist those registered in updating their
skills, acquiring more expertise and knowledge, in order to increase confidence and
reliability. Updating of knowledge and skills is a must for legal professionals, like judges,
prosecutors, advocates. CPD is mentioned as a translator's duty in the Sworn Translator's
Act, but the Minister of Justice himself does not attend to that provision and does not feel
responsible for its implementation. Instead of further deregulation, the Minister should
endeavour not only to increase the existing deplorable fees, but also to find measures and
devise a system that would stimulate quality translation and interpreting, or delegate that
duty to associations of LITs.