The right to translation in Belgian criminal proceedings

Abstract This article examines the implementation of the Directive 2010/64/EU, and more specifically its provisions on written language assistance, in Belgian criminal proceedings. In order to investigate both top-down regulations and on-the-ground practices, a case study was conducted at the Ghent correctional court, including a policy review, analysis of criminal case files, and interviews with judicial actors. The study finds that the right to written translation is rarely exercised. Due to the restricted transposition of the Directive provisions into national legislation, local judicial authorities do not proactively provide translated procedural documents and defendants are often unaware of their right to translation. Instead of providing written translations, judicial authorities systematically rely on oral interpretation or summaries, despite the Directive stipulating that these should be the exception rather than the norm. Although the Directive was designed to strengthen fair trial protections, its impact remains limited in practice.