Lingue e Linguaggi (Jan 2016)
Traduzione del provvedimento di espulsione dello straniero
Abstract
Abstract – This chapter proposes a research into the law concerning the failure to translate measures aimed at foreign nationals, with particular reference to the expulsion decree from Italian national Territory. The right to understand Public Administration measures that restrict the rights of the foreign nationals who do not fully understand the Italian language, is closely linked to the right of defense established by article 24 of the Italian Constitution. In order to ensure the right to defence and that the foreign national can fully exercise this right, he or she must fully understand the contents of the measures concerning them. Over the years the law has changed and limited the scope of translations, for example, approving the possibility of a summarised version of the document. Moreover, if the Public Administration cannot find an interpreter who speaks the foreign national’s first language, it is permissible to translate into one of the so-called working languages: English, French or Spanish. The presiding judge must verify that the document has achieved its goal and that the recipient has fully understood its content, as determined by the Constitutional Court. Consequently, the translation appears as a conditio sine qua non towards the validity of the measures aimed at the foreign national and omission or excessive brevity results in irremediable invalidity.
