From Your Europe Advice, 16 March 2014

This is a real answer, and a good one, too. It was sent on Sunday night, at 22:06 (!)  My respect for the team of legal pofessionals from Your Europe Advice.

Key message: As far as translations by registered translators under another member state's legislation, the Bulgarian authorities are bound to accept their translations. Under EU free movement law citizens need to be free to choose and use the translation services of service providers established in various EU countries. The Bulgarian authorities are not allowed to give preference only to service providers established and registered in Bulgaria.

If a service provider is established in another EU country and is licensed under that country's legislation to translate public documents in Bulgarian, its translations should be accepted as equally valid. The opposite would amount to discrimination banned under the EU Services Directive 2004/58.

Резюме на бг език: Що се отнася до преводите от преводачи, регистрирани по законодателството на друга държава-членка на ЕС, българските власти са длъжни да приемат техните преводи. По законите на ЕС за свободно движение на хора, стоки и услуги, гражданите са свободни да избират и ползват преводачески услуги от доставчици, установени в различни държави-членки на ЕС. Българските власти нямат право да дават преференции само на доставчиците, установени и регистрирани в България.

Ако доставчикът на услуги е установен в друга държава от ЕС и е лицензиран съгласно законодателството на тази страна за преводи на публични документи на български език, неговите преводи следва да бъдат приемани като еднакво валидни. Обратното би означавало дискриминация, забранена съгласно Директивата за услугите на ЕС.

Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.

Thank you, Ms Stoyanova, for contacting our service.

The European Commission has acknowledged the legal uncertainty related linked to the acceptance of public documents within EU. It initiated a legislative proposal to do away with some of the obstacles to free movement caused by burdensome and costly requirements for legalisation, as well as certified translation. It introduces optional multilingual EU standard forms, non-certified translations of public documents, improving administrative cooperation between the Member States, and others.

For reference: http://europa.eu/rapid/press-release_IP-13-355_en.htm

Until the proposal becomes law, all EU countries, including Bulgaria are entitled to require certified translation of public documents.

As far as the registration and licensing for public documents translators in Bulgaria is concerned, EU law does not govern such matters. Complicated or not, the licensing process does not collide with EU rules binding Bulgaria.

As far as translations by registered translators under another member state's legislation, the Bulgarian authorities are bound to accept their translations. Under EU free movement law citizens need to be free to choose and use the translation services of service providers established in various EU countries. The Bulgarian authorities are not allowed to give preference only to service providers established and registered in Bulgaria.

If a service provider is established in another EU country and is licensed under that country's legislation to translate public documents in Bulgarian, its translations should be accepted as equally valid. The opposite would amount to discrimination banned under the EU Services Directive 2004/58.

For reference:
EU Services Directive: http://ec.europa.eu/internal_market/services/services-dir/guide/index_en.htm

Any person affected by this practice could challenge it before a Bulgarian court in the light of the EU Services Directive. Before turning to courts, one can contact the Solvit network for assistance.

SOLVIT is an online network within which the Member States cooperate to solve problems caused by incorrect application of EU law by public authorities. SOLVIT are obliged to find solutions to problems within 10 weeks. Using their services is free of charge. Contact details are available at: http://ec.europa.eu/solvit

Finally, please note that our replies come on behalf of the service Your Europe Advice . We cannot personally sign our replies.

We hope this helps. We remain at your disposal should you need further information.

Best regards
Your Europe Advice

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Your original enquiry was:

(here follows the text of my enquiry of 8 March 2014: http://softisbg.com/rennies_blog/2014/03/to-your-europe-advice-8-march-2014.html)

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