Pursuant to Article 53, Paragraph 1 of the Law on Courts of the Federation of Bosnia and Herzegovina (Official Gazette of FBiH, No. 38/05), following the opinion of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, and upon the proposal of the Federal Minister of Justice, the Government of the Federation of Bosnia and Herzegovina hereby adopts:
Article 1
This Regulation defines the conditions that individuals must meet to be appointed as certified court interpreters (hereinafter: court interpreter), the appointment procedure, their rights and duties, the method of determining remuneration and reimbursement of expenses for their work, the procedure for dismissal, and the maintenance of the Register of Court Interpreters.
Article 2
A court interpreter translates spoken and written text from one of the official languages of the Federation of Bosnia and Herzegovina (hereinafter: the Federation) into a foreign language, from a foreign language into one of the official languages of the Federation, and from one foreign language to another.
Article 3
A person may be appointed as a certified court interpreter if they meet the following conditions:
A person cannot be appointed as a court interpreter if they are subject to the restrictions on employment in public service outlined in Article 25, Paragraph 1, Points (d), (e), and (f) of the Law on Civil Service (Official Gazette of FBiH, Nos. 29/03, 23/04, 39/04, 54/04, 67/05, and 8/06). Additionally, a person cannot be appointed if they have been convicted of a criminal offense or are facing criminal proceedings for an offense that would make them unfit for the role of a court interpreter.
Article 4
The Federal Minister of Justice (hereinafter: Minister of Justice) determines the need for appointing court interpreters, based on the previously obtained opinions of presidents of cantonal courts. Based on the identified need, the Minister of Justice announces a public competition for the appointment of court interpreters.
Article 5
The competition referred to in Article 4, Paragraph 2 of this regulation must be announced by the Minister of Justice within 30 days of this regulation coming into effect. The competition is published in the Official Gazette of the Federation of Bosnia and Herzegovina and in a daily newspaper distributed within the Federation.
After the initial appointment of court interpreters, the Minister of Justice will continue to publish competitions for specific languages as needed, in accordance with Article 4, Paragraph 2 of this regulation.
Article 6
Applicants for the position of court interpreter must submit the following documents:
The requirements in Article 3, Points 3 and 4 must be proven through a certificate issued by the commission referred to in Article 7 of this regulation. University professors specializing in the relevant language who apply for the court interpreter position are exempt from proving the requirements specified in Paragraph 2 of this article.
Article 7
To determine the list of eligible court interpreters, the Minister of Justice appoints a special expert commission (hereinafter: Commission), consisting of a president and two members.
The Commission’s mandate lasts for two years. The President and members of the Commission are entitled to compensation, which is determined by the Minister of Justice on a per-candidate basis. The costs of the Commission’s work are covered by the applicant seeking appointment as a court interpreter.
Article 8
The Commission conducts a professional knowledge examination for applicants, which consists of:
This examination verifies the requirements outlined in Article 3, Points 1 and 2 of this regulation. A report is prepared for each candidate, including:
Candidates are evaluated with either a “Pass” (“Satisfactory”) or “Fail” (“Unsatisfactory”) score.
Article 9
The Minister of Justice appoints a court interpreter by issuing a decision, based on the Commission’s recommendation from Article 7 of this regulation.
A court interpreter is appointed for the jurisdiction of the cantonal court where they reside, but they may provide translation services outside this jurisdiction. A copy of the appointment decision is provided to the court interpreter.
Article 10
The appointment decision includes:
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Article 11
The Minister of Justice will reject an application for court interpreter appointment if:
There is no right to appeal this decision, but an administrative dispute may be initiated before a competent court.
Article 12
Before assuming their duties, the appointed court interpreter must take an oath before the president of the cantonal court in their place of residence.
The oath statement reads:
“I solemnly declare that I will perform the duties of a court interpreter professionally, conscientiously, and to the best of my knowledge.”
A record of the oath-taking is prepared, signed by the court interpreter, the president of the cantonal court, and a court clerk.
Article 13
The list of appointed court interpreters is published in the Official Gazette of the Federation of Bosnia and Herzegovina and contains:
Article 14
The Ministry of Justice keeps records of appointed court interpreters in the form of a book titled “Register of Certified Court Interpreters” (hereinafter: Register).
The following information is entered into the Register:
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Article 15
The court interpreter is obliged to notify the Ministry of Justice and the cantonal court under which they are appointed of any change of residence no later than eight days from the date of change.
Article 16
The court interpreter has a round seal with a diameter of 38 mm, which may only be used in the performance of the court interpreter’s duties.
The text on the seal is written in Latin and Cyrillic script, in one of the official languages of the Federation, and contains:
The court interpreter bears the costs of producing and obtaining the seal.
The imprint of the seal and the court interpreter’s handwritten signature are deposited at the cantonal court where they reside.
Article 17
The court interpreter is obliged to keep records of their work.
The records referred to in Paragraph 1 of this Article are kept in the form of a book titled “Translation and Certification Log” (hereinafter: Logbook).
The Logbook must be stitched and certified by the president of the cantonal court.
The following information is entered into the Logbook:
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Article 18
The court interpreter certifies the accuracy of the translation with the following statement:
“I certify that this translation fully corresponds to the original document, which is written in the _______ language.”
The certification must include:
The certification must be in the language into which the document is translated.
If the translation consists of two or more pages, the pages must be numbered and certified in the lower-right corner with the signature and seal of the court interpreter. They must also be stitched together with a binding ribbon, whose ends on the last page must be joined and secured with a label, on which the seal of the court interpreter is affixed.
Article 19
A court interpreter will be dismissed from their position by a decision of the Minister of Justice in the following cases:
In the case of dismissal under Item 3, the Minister of Justice will obtain an opinion from the Commission referred to in Article 7 of this regulation.
Before issuing a dismissal decision, the court interpreter will be given the opportunity to present their case regarding the facts and circumstances relevant to the decision.
There is no right to appeal against a dismissal decision, but the interpreter may initiate an administrative dispute before a competent court.
Article 20
A court interpreter who is dismissed will be removed from the Register and the List of Certified Court Interpreters.
A court interpreter who is dismissed is required to return the following to the president of the cantonal court where they reside within eight days of receiving the dismissal decision:
The cantonal court is responsible for destroying the returned seal in accordance with official procedures for disposing of government-issued seals.
The dismissal decision is published in the Official Gazette of the Federation of Bosnia and Herzegovina.
Article 21
A court interpreter is entitled to a fee for their services, as well as compensation for lost earnings and reimbursement of translation costs. The fee for the court interpreter’s services is determined according to the Tariff of Fees for Court Interpreters (hereinafter: Tariff), which is annexed to this regulation and forms an integral part of it. The Tariff referred to in Paragraph 2 of this article also includes the fee for interpreters who assist in the examination of deaf-mute, deaf, or mute persons. The compensation for lost earnings and reimbursement of translation costs is determined in accordance with the regulations on witness and expert witness reimbursement in civil and criminal proceedings.
Article 22
The court interpreter is required to issue a certificate confirming the receipt of the fee and compensation as outlined in Article 21, Paragraph 1 of this regulation.
Article 23
The appointment of court interpreters under the provisions of this regulation shall be carried out within six months from the date of the regulation’s entry into force.
Article 24
The Ministry of Justice and the president of the cantonal court for court interpreters who reside in the jurisdiction of that court are responsible for supervising the work of court interpreters.
Article 25
The provisions of this regulation shall apply accordingly to interpreters appointed by the court for a specific case where there is no certified court interpreter for a particular language, as well as to interpreters for deaf-mute, deaf, and mute persons, who are appointed for individual cases.
Article 26
Court interpreters appointed under the regulations that were in force prior to the entry into force of this regulation shall continue to perform their duties until the appointment of court interpreters according to the provisions of this regulation. Court interpreters referred to in Paragraph 1 of this article are not subject to the examination of professional knowledge under Article 8, Paragraph 1 of this regulation, provided they possess evidence of the professional knowledge examination they have passed before the competent commission under the regulations in force before the entry into force of this regulation.
Article 27
As of the date this regulation comes into force, all provisions regulating issues related to court interpreters that were previously in force in the Federation shall cease to apply.
Article 28
This regulation shall enter into force on the eighth day from the date of publication in the Official Gazette of the Federation of Bosnia and Herzegovina.
V number 420/06
June 15, 2006
Sarajevo
Prime Minister
Dr. Ahmet Hadžipašić, v. r.
Pursuant to Article 53, Paragraph 1 of the Law on Courts in the Federation of Bosnia and Herzegovina (Official Gazette of FBiH, Nos. 38/05 and 22/06), and after obtaining the opinion of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, upon the proposal of the Federal Minister of Justice, the Government of the Federation of Bosnia and Herzegovina, at its 141st session, held on May 10, 2010, adopts:
Article 1
In the Regulation on Certified Court Interpreters (Official Gazette of FBiH, No. 44/06), Article 3, Paragraph 1, Point 2 is amended to read:
“high level of education or completion of the first cycle of studies in accordance with Article 5 of the Framework Law on Higher Education in Bosnia and Herzegovina (Official Gazette of BiH, No. 59/07).”
In Paragraph 2, after the words “state service”, the words “in the Federation of Bosnia and Herzegovina” are added.
Article 2
Article 4 is amended to read:
“The Federal Minister of Justice (hereinafter: Minister of Justice) announces a public competition for the appointment of court interpreters.”
Article 3
In Article 5, Paragraph 1, the words “Paragraph 2” are removed; the words “from the date of entry into force of this regulation” are replaced with “from the proposal of the commission referred to in Article 7, Paragraph 1 of this regulation.”
Paragraph 3 is deleted.
Article 4
In Article 7, Paragraph 2, the conjunction “and” is replaced by a comma, and after the word “member”, the words “and technical secretary” are added.
In Paragraph 3, the words “and members” are replaced with “and one member”.
In Paragraph 4, the word “two” is replaced with “four”.
In Paragraph 5, the conjunction “and” is replaced with a comma, and after the word “commission”, the words “and technical secretary” are added.
A new Paragraph 7 is added after Paragraph 6, which reads:
“If professors as mentioned in Paragraph 2 of this article cannot be found in Bosnia and Herzegovina, the Minister of Justice will appoint members of the commission who will replace the professors for a specific language, in cooperation with foreign diplomatic/consular representatives in Bosnia and Herzegovina.”
Article 5
In Article 8, Paragraph 1, the words “in terms of Article 3, Points 1 and 2 of this regulation” are deleted.
Article 6
In Article 9, Paragraph 1, the period after the word “Regulation” is replaced with a comma, and the words “for a period of four years” are added.
Article 7
In Article 11, Paragraph 1, the following is amended to read:
“The Minister of Justice shall issue a decision rejecting the request for the appointment of a court interpreter if the applicant does not meet the requirements outlined in Article 3 of this regulation.”
Article 8
In Article 13, Paragraph 2, after the word “address”, the words “and the telephone number of the court interpreter” are added.
After Paragraph 2, a new Paragraph 3 is added, which reads:
“The court interpreter is obliged to promptly provide updated information if any of the details in Paragraph 2 of this article change.”
Article 9
In Article 16, Paragraph 2, after the word “Federation”, the words “and on the text of the language for which they are appointed” are added.
After Paragraph 4, a new Paragraph 5 is added, which reads:
“Each cantonal court shall provide a list of the seal imprints and handwritten signatures of the court interpreters to the Ministry of Justice, and the Ministry of Justice shall provide a unified list with the seal imprints and handwritten signatures of the court interpreters to all cantonal courts.”
Article 10
In Article 17, Paragraph 3, the words “amount of the collected translation fee” are deleted.
Article 11
Article 23 is amended to read:
“The Minister of Justice shall issue a decision on the appointment of a court interpreter within 30 days from the proposal of the commission referred to in Article 7 of this regulation, after the verification of professional knowledge outlined in Article 8 of this regulation.”
Article 12
Article 26 is amended to read:
“The tasks in the Federation as outlined in Article 2 of this regulation may only be performed by those interpreters who have been appointed in the manner prescribed by this regulation.”
Article 13
After Article 26, a new Article 26a is added, which reads:
“Court interpreters who have already been appointed in accordance with this regulation will start their appointment term as outlined in Article 9, Paragraph 1, from the date of entry into force of this regulation, while those court interpreters who will be appointed will start their term from the date of their appointment.”
Article 14
This regulation shall enter into force on the eighth day from the date of publication in the Official Gazette of the Federation of Bosnia and Herzegovina.
V number 389/10
May 10, 2010
Sarajevo
Prime Minister
Mustafa Mujezinović, v. r.