The Right to an Interpreter in Hungarian Administrative Law: The Legal and Sociological Context of Regulatory Reform

Abstract

This paper describes the background of the evolution of the new language-use rules introduced by the 2016 Hungarian Code of General Administrative Procedure. The right of non-speakers of the language of the procedure to involve an interpreter stems from the constitutional, ECHR, and EU law right to fair administrative procedure and effective participation in procedures for the enforcement of fundamental rights. Giving effect to these language-use rights in Hungary, however, has been fraught with regulatory flaws, interpretative misconceptions, but also a pervasive lack of qualified or ad hoc interpreters, with parties evading regulatory procedures invoking their perceived right to an interpreter. The new rules governing language-use clarify the concept of an interpreter and represent a move towards ensuring the deformalization of linguistic mediation and case handling, relying on the linguistic proficiency of public authorities' staff, guaranteeing effective participation to parties in a cost-effective way.