Ordinance on Translation Services - Scope

1. This regulation applies to all oral interpretation and written translation assignments issued by cantonal judicial and administrative authorities.

2. This regulation does not apply to assignments where the focus is not on literal translation but on another service, particularly intercultural translation.

3. This regulation also applies to employees of legal entities that undertake translation assignments.

1. The expert group is an advisory commission of the government council and the courts.

2. It consists of one representative each from

a. the Department of Finance and Church Affairs,

b. the Department of Security,

c. the Department of Education, Culture, and Sports,

d. the Department of Economic Affairs and Health, and

e. the courts.

3. The representative of the courts is elected by its management board, the other representatives by the government council.

4. Participation in the expert group is considered one of the regular duties of the group members and is not separately compensated.

1. The specialized group ensures the provision of high-quality, efficient, and cost-effective translation services within the cantonal judicial and administrative authorities.

2. It is particularly responsible for

a. the design of the translator directory,

b. defining the requirements for translators,

c. the principles of further training for translators,

d. decisions on the deletion of entries in the translator directory as well as the lifting or extension of suspensions,

e. issuing orders within the framework of this regulation, and

f. informing the government council and the judicial and administrative authorities about translation-related matters.

3. It issues regulations for the application of this ordinance concerning translation services.

1. The expert group decides by a simple majority of the members present. Each member is obliged to cast a vote. The chairperson also votes and has the casting vote in the event of a tie.

2. In urgent cases, the chairperson decides with subsequent approval from the expert group.

1. The specialist group regulates the other matters, particularly its procedures and its organization, in its regulations on the translation services.

1. The Coordination Office is organizationally and hierarchically situated within the Personnel Office.

2. The Specialist Group communicates directly with the Coordination Office.

3. The Regulations on the Translation Affairs of the Specialist Group are binding for the Coordination Office. The Specialist Group does not have any direct authority to issue instructions to the Coordination Office.

1. It assesses the qualifications of new translators who are to be included in the translator directory.

2. It manages the translator directory and processes new entries, changes, and suspensions, as well as deletions on behalf of the specialist group.

3. At the request of the commissioning authorities and with their assistance, it searches for translators for languages where there are too few suitable individuals available.

4. It is responsible for the recording of work invoices or ensures their payment.

5. It is available to translators as a contact point for administrative questions.

6. It informs translators about entries in the translator directory as well as possible or necessary training.

1. The Translator Directory is used by judicial and administrative authorities to select suitable individuals for translation assignments.

2. Inclusion in the Translator Directory does not establish a contractual relationship between the individual and the authorities, nor does it create a right to be assigned tasks or an obligation to undertake them.

1. The Translator Registry includes the following types of personal data

a. Personal details,

b. Language skills,

c. Education and professional qualifications,

d. Information on accessibility and availability,

e. Special notes on possible deployment,

f. Reports from commissioning authorities,

g. A block.

2. The Regulations on Translation Affairs specifically determine the data in consideration of data protection legal requirements.

1. Anyone wishing to be included in the translator directory must apply in writing to the coordination office. The application must include a declaration of acknowledgment of the duties based on this ordinance and the regulations on translation services of the specialist group, as well as a criminal record extract.

2. Admission requires that there is a demand for the offered translation services and that the applicant meets the professional and personal requirements. Even if qualified, there is no entitlement to admission.

3. To verify the prerequisites, the coordination office may, in particular, require proof of education, conduct or have conducted professional aptitude tests, and request extracts from the debt collection register.

4. Further details are determined by the regulations on translation services.

1. Admission to the translator directory requires that the applicant

a. has a command of the Standard German language, both spoken and written,

b. has a command of a foreign language, both spoken and written,

c. is able to translate orally or in writing accurately, completely, and promptly.

2. In terms of personal qualifications, it is required that the applicant

a. is capable of acting,

b. has good moral character, particularly in criminal matters,

c. is typically a citizen of Switzerland or has held a residence permit for several years,

d. can ensure independent fulfillment of assignments and correct conduct based on past activities.

1. Members of judicial and administrative authorities are authorized to report to the coordination office any circumstances that raise significant doubts about the necessary professional or personal qualifications of a person employed for translation, provided there are no legally binding provisions that oppose such a report.

1. If criminal proceedings are initiated against a person registered in the translator directory, or if there are indications that the professional or personal requirements for registration are no longer met, or that a breach of duty has occurred, the coordination office may provisionally impose a suspension.

2. The specialized group must examine within 3 months whether there are grounds for deletion, to lift the suspension, or to extend it.

3. Persons with a suspension are no longer listed in the translator directory and are only visible to the coordination office.

1. If a person registered in the translator directory no longer meets the professional or personal requirements, the entry will be deleted.

2. The coordination office will initiate the necessary clarifications. If the professional requirements are in question, experts may be consulted.

3. A deletion may also occur for administrative reasons, particularly if numerous better-qualified individuals are available or if a person has not been employed for an extended period.

1. The concerned person shall be notified in writing

a. of the decision regarding inclusion in the translator directory, as well as any suspension or deletion, and

b. of the entries in the translator directory based on reports from the commissioning authorities.

2. Conflicting mandatory law and overriding public interest remain reserved.

3. The notification includes the data recorded in the translator directory. The decision regarding inclusion in the translator directory, suspension, and deletion shall be issued in the form of an order.

1. The following entities have the right to access the translator directory

a. Contracting authorities of judicial and administrative bodies;

b. The registered individual concerning their own entry;

c. Other authorities and individuals on a case-by-case basis, provided a legitimate interest, particularly official or professional, is credibly demonstrated and the registered individual has given their consent for this access.

1. The assignment of translation requires mutual consent and establishes a public-law contractual relationship between the respective commissioning authority on one hand and the translating person on the other hand.

2. For contracts awarded to natural persons, the provisions of the Ordinance of March 12, 2013, on the Compensation of Mandates to Employees apply, provided the commissioned individuals fall under the scope of this Ordinance.

3. For contracts not covered by the Ordinance on the Compensation of Mandates to Employees, the provisions of the Swiss Code of Obligations regarding simple mandates apply mutatis mutandis.

1. If, in an individual case, a suitable person from the translator directory is not available, cannot be summoned within a reasonable period, or if there are other special circumstances, corresponding assignments can be given to non-registered persons under the same conditions, provided that the commissioning authority deems the professional and personal requirements to be met.

2. The regulations regarding translation services may provide that registered persons who have completed the training recommended by the expert group are given preference when assignments are awarded.

1. The commissioning authority prepares a record for each deployment, providing information about the time and duration of the deployment, and transmits this to the coordination office.

2. It reports special incidents during the translation assignment and any doubts about the competence of the translator to the coordination office.

3. It determines the correct accounting classification and budgets the costs for the translation deployments.

1. The agents shall convey the statements and texts in full and as literally as possible in direct speech. They shall refrain from any interpretation or taking of sides.

2. The agents are obliged to provide a truthful translation (Article 307 of the Swiss Criminal Code) and to maintain official secrecy (Article 320 of the Swiss Criminal Code). They must execute their assignment personally. Delegation to third parties is only permissible with prior approval from the commissioning authority.

3. They shall inform the commissioning authority and the coordination center without being prompted if there are or could be any grounds for exclusion, rejection, or recusal as defined by the relevant procedural rules or legal procedures.

4. The agents shall report any changes affecting their person to the coordination center.

5. If the agents are in doubt about the presence of grounds for exclusion, rejection, or recusal, they must clarify these with the commissioning authority and the coordination center.

6. The completion of further training may be required generally or for certain assignments.

1. Breaches of duty may lead to a suspension from the translator directory.

2. The definitive removal from the translator directory, as well as further claims and legal consequences arising from the breach of duty, remain reserved.

1. The remuneration rates for translation assignments and the reimbursement of expenses are determined according to the Ordinance of March 12, 2013, concerning the remuneration for mandates to employed persons, provided the assignees fall within the scope of this ordinance. In other cases, remuneration rates and expense reimbursements are to be guided by the same ordinance.

2. Remuneration is made monthly based on the service records submitted and confirmed by the contracting authorities.

3. It is charged to the account of the contracting authorities.

1. Decisions of the specialist committee may be appealed to the government council within 10 days.

1. Translators who were already listed prior to the entry into force of this regulation will be transferred to the new translators' register as soon as they have submitted the mandatory declaration in accordance with § 10 paragraph 1.

1. This regulation shall enter into force on June 1, 2013.