The evolution of ‘translation’ as established by European Union directives and its effects on the rights and obligations of European citizens and institutions

Abstract

Languages are a vital tool in an individual’s daily interactions with other individuals, so much so that if it is absent the individual becomes isolated. The European Union is increasingly becoming a multilingual and multicultural society where linguistic diversity is finding its way in every area of the Union. As time passes by, European Union citizens are continuously exercising their fundamental human right to free movement for various reasons such as for leisure purposes, work, or to seek healthcare services as well as for other reasons. As a result of this increase in individual mobility, individuals coming from different member states may not share the same language. In instances where it is established that an EU citizen does not have sufficient knowledge of the language spoken in the member state which is not his member state of affiliation, linguistic assistance seems to be the adequate solution to overcome language barriers. Translation has evolved from merely filling a need among nations who wanted to trade to being regarded by certain areas of law as a fundamental right without which it will deprive the individual from being able to exercise his rights properly. This research project will be investigating directives relating to criminal law, healthcare law, consumer law, and intellectual property, and whether the European Union grants its citizens a right to translation in these respective areas of law. From the research which was carried out, it was discovered that the right to translation is not granted in all the areas of law which results in a lack of harmonisation among member states. This research project will go on to show the implications it will have on citizens where the EU did not cater for an express provision granting the right to translation in every area of law.