Tag: Greek legal translation

When a Greek court delivers a judgment, the parties involved naturally want to know what the court has decided and what happens next. For international clients who do not speak Greek, obtaining a clear and accurate English translation is often essential to understanding the outcome of the proceedings and discussing the implications with their Greek lawyers. The same applies to lawyers practising outside Greece who advise clients involved in Greek litigation. They may need to examine the judgment to understand the court’s reasoning, identify the issues decided and discuss the available options with the Greek legal team.

However, translating a Greek court judgment presents some distinctive challenges. Greek judicial decisions frequently contain lengthy and complex legal reasoning expressed in highly formal language. Procedural concepts may have no straightforward English equivalents, while apparently familiar terms can conceal important differences between legal systems. These problems become particularly significant when the judgment may be challenged on appeal or when the parties need to understand its consequences.

And with artificial intelligence now making it possible to generate an English translation or summary of a lengthy judgment in seconds, there is a further question: how much confidence can international clients and their lawyers place in the resulting text?

Understanding the structure of a Greek court judgment

Greek court judgments follow established drafting conventions which reflect the structure of Greek judicial reasoning and the procedural rules governing the proceedings. Depending on the court and type of proceedings, the judgment will ordinarily identify the court and parties, record relevant procedural information and set out the court’s reasoning before stating its decision. Two sections are especially important when translating a Greek judgment. The first is the σκεπτικό, the court’s reasoning, often introduced by the formula ΣΚΕΦΘΗΚΕ ΣΥΜΦΩΝΑ ΜΕ ΤΟ ΝΟΜΟ (having considered the matter in accordance with the law). This part of the judgment explains the legal basis on which the court has reached its conclusions. It may contain lengthy discussions of statutory provisions, references to case law and an examination of the parties’ arguments. The second is the διατακτικό, the operative part, commonly introduced by the expression ΓΙΑ ΤΟΥΣ ΛΟΓΟΥΣ ΑΥΤΟΥΣ (for these reasons). The operative part records the court’s decisions on the matters before it, including the disposition of claims and any orders made.

For a foreign reader, the relationship between these sections is fundamental to understanding what the judgment actually says.

The linguistic complexity of Greek judicial decisions

The language of Greek judgments presents difficulties that extend beyond specialised legal terminology. Greek judicial writing frequently employs long sentences containing multiple subordinate clauses. The syntax can be intricate, with qualifications and exceptions embedded within the same sentence as the principal legal proposition. In addition, some judicial formulations retain features of the older formal language associated with καθαρεύουσα, particularly in established expressions and conventional legal phraseology.

For translators working from Greek into English, these characteristics demand close attention to the grammatical and logical relationships within the text. The translator must establish precisely which proposition is being qualified, what a particular pronoun or participle refers to and whether a statement reflects the court’s conclusion or the position of one of the parties. These distinctions can become difficult to follow when a sentence extends over much of a paragraph. English legal writing generally permits a different approach to sentence construction. A lengthy Greek sentence may therefore need to be divided or restructured in English to make the reasoning intelligible. However, restructuring must preserve the original logical relationships. Careless division of a sentence can detach a qualification from the proposition to which it relates or alter the relationship between the court’s findings and its conclusions. This is where the ability to think and write like a lawyer becomes particularly valuable. Understanding the legal argument allows the translator to reconstruct it in clear English while preserving its precise meaning. The objective is an English text that a lawyer can read naturally and follow without losing any of the legal substance contained in the Greek original.

When is a Greek court judgment final?

One of the most revealing examples of the difficulties involved in translating Greek judgments concerns the terminology used to describe their procedural status. Consider the expression τελεσίδικη απόφαση. A reader encountering the English expression “final judgment” might reasonably assume that the judgment can no longer be challenged. Greek procedural law, however, recognises distinctions that make this apparently straightforward translation potentially misleading. In our paper Translating Greece’s Procedural Codes, presented at the 2023 conference of the Hellenic Society for Terminology, Daniel Webber and I examined the treatment of procedural terminology in existing Greek-English legal dictionaries. We found that all four dictionaries examined rendered τελεσίδικη απόφαση using variants of “final judgment” or “final decision”, without adequately reflecting the procedural distinctions recognised by Greek law. An οριστική απόφαση may be final in the sense that it disposes of the matter before the court, while remaining open to ordinary legal remedies. A τελεσίδικη απόφαση has reached a different procedural position, generally because the relevant ordinary legal remedies have been exhausted or the periods for exercising them have expired. Greek procedural law also recognises the category of ανέκκλητη απόφαση, concerning judgments which by their nature are not amenable to the relevant remedies, as well as αμετάκλητη απόφαση, which involves the exhaustion of available legal remedies, including the relevant avenues of recourse to higher courts.

For international clients, these distinctions can be important to understanding the procedural history of their case. They also illustrate the difficulties faced by foreign lawyers who may be familiar with the English word “final” but unfamiliar with the different categories recognised under Greek law. The translation needs to communicate the source terminology accurately without creating a misleading impression about the status of the decision. Determining whether a particular judgment can still be challenged, or what consequences follow from its procedural status, is a matter for the lawyers responsible for the proceedings.

Errors in the original Greek judgment: an overlooked translation problem

There is another difficulty which frequently arises in legal translation and which is easily overlooked by the end user: the original Greek document may itself contain errors. At JurTrans, our experience of translating Greek legal documents has made us particularly conscious of this problem. In an article published in January 2025, I reported that during 2024 we translated 946 Greek legal documents into English and found that approximately 95% contained at least one error of some kind. These figures relate to JurTrans’s own workload, which included various categories of legal documents. They should not be interpreted as a representative statistical study of the quality of Greek court judgments. Nevertheless, they illustrate how frequently source-text problems arise in our translation work. Some errors are relatively straightforward, while others require considerably more research to identify and understand. A judgment may refer to an incorrect article of legislation or contain an ambiguous statutory citation. There may also be inconsistencies in how a particular legal term is used. The translator must determine whether the apparent inconsistency has a reasonable explanation or whether there is a genuine problem in the Greek text.

In The legal translator as detective, I described an example from our translation work involving a reference to an article of the Greek Code of Civil Procedure. The provision cited in the document appeared to have no connection with the procedural steps being described. After checking the surrounding provisions and searching the Code, I eventually discovered that the reference related to an earlier version of the legislation. The source document had failed to make that historical context clear. Having identified the issue, I suggested that the instructing lawyer clarify the Greek wording. He agreed. The incident is a good illustration of the research that may be necessary to understand a legal text correctly. Given the successive amendments made to Greek legislation, consulting the current version of a statutory provision may sometimes be insufficient to establish the meaning of a historical reference.

Where a judgment contains an apparent error, the translator must preserve the integrity of the source text while drawing the issue to the attention of the instructing lawyer where appropriate. A careful translation process can therefore reveal problems which might otherwise remain unnoticed, particularly by clients who cannot consult the Greek original.

Why relying on AI-generated summaries of Greek judgments is risky

The ability to obtain an instant summary of a lengthy court judgment is understandably attractive. International clients may want an immediate answer to whether the proceedings have been successful, while foreign lawyers may need to understand the broad significance of a decision before speaking to their Greek counterparts. Generative AI systems appear to offer a convenient solution. A document can be uploaded and a short English summary requested in a matter of seconds. The difficulty lies in the reliability of that summary. Court judgments often depend on distinctions which can be lost when a lengthy text is compressed into a short narrative. A statutory exception may substantially qualify a legal proposition. The court may accept part of a party’s argument while rejecting another part. An apparently straightforward conclusion may depend on a particular interpretation of the facts or the application of a specific procedural rule. If a summary overlooks one of these qualifications, the reader may be left with an inaccurate understanding of the decision. There is also the risk that an automated system will fail to distinguish correctly between the parties’ submissions and the findings of the court. Greek judgments may reproduce the arguments advanced by litigants before explaining whether those arguments have been accepted. An AI-generated summary which attributes a rejected submission to the court would fundamentally misrepresent that part of the judgment.

These concerns are consistent with findings in the growing academic literature on automatic legal-document summarisation. In a 2024 study of large language models and generative systems for summarising court judgments, Aniket Deroy, Kripabandhu Ghosh and Saptarshi Ghosh examined systems using judgments from the supreme courts of the United Kingdom and India. Although generative systems performed relatively well according to conventional automatic evaluation metrics, closer examination identified inconsistencies in their summaries. The researchers concluded that further improvements were needed before such systems could be considered sufficiently reliable without detailed human checking. More recently, a 2026 review of legal-document summarisation research highlighted the difficulty of preserving the argumentative structure of judgments and the limitations of evaluation methods which primarily measure similarities in wording rather than legal accuracy.

Neither study, though, specifically evaluates Greek court judgments, but both identify problems relevant to the task of summarising complex judicial reasoning. The challenge is compounded when a Greek judgment is summarised directly into English. The system is then required to interpret the Greek legal text and produce a compressed account in another language, potentially concealing errors from readers who cannot independently verify the original.

For lawyers considering the implications of a judgment, a summary cannot provide the level of detail available in an accurate translation of the full text. The actual wording of the court’s reasoning may be central to understanding the decision and discussing possible further steps with Greek counsel.

What does research tell us about AI translation from Greek into English?

The limitations of automated translation in the Greek-English legal context have also been the subject of empirical research. In September 2026, Vilelmini Sosoni and I published a chapter in Springer’s International Handbook of Legal Language and Communication entitled Translating Normative Legal Texts: A Comparative Evaluation of Neural Machine Translation and Generative Artificial Intelligence Models in the Greek-English Language Pair. The study compared a neural machine translation system trained on legal-domain material with three generative AI models. We evaluated translations of two Greek property law texts, comprising planning legislation and a property sale agreement, using automatic translation-quality metrics alongside detailed human error analysis. Our findings were revealing. Accuracy errors predominated across the systems examined, and most were classified as major in severity. Although the generated English generally displayed adequate fluency, the generative AI models did not systematically outperform the specialist neural machine translation system.

These findings concern normative legal texts rather than court judgments. Their significance for the present discussion lies in the difficulties the systems encountered when translating specialised Greek legal concepts into English. The results reinforce the need to distinguish between an English text that reads fluently and one that faithfully communicates the legal meaning of its Greek source. A system may produce entirely natural English while selecting an inappropriate equivalent for a Greek procedural concept or failing to preserve an important qualification. Recognising such problems requires detailed knowledge of the source legal system and the ability to evaluate the translation against the original. Technology certainly has useful applications in legal translation, particularly in supporting research and maintaining terminological resources. However, the limitations identified in empirical studies call for considerable caution when using AI or machine translation to communicate the substance of court judgments.

At JurTrans, our approach to documents of this nature is based on establishing the meaning of the Greek text through specialist legal-linguistic analysis and producing an English translation whose accuracy can be carefully verified against the source.

Preparing Greek judgments and appeal documents for international readers

The usefulness of a Greek-English legal translation also depends on understanding the circumstances in which it will be read. For a Greek lawyer representing an international client, the primary objective may be to enable that client to understand the court’s decision and participate meaningfully in discussions about the case. Lawyers practising outside Greece may require more detailed access to the reasoning, particularly where the litigation has implications for their client’s commercial activities or wider legal affairs. In either situation, the translator benefits from understanding the purpose of the assignment. Where a judgment refers extensively to previous decisions or procedural documents, access to those materials may assist with the interpretation of terminology and the maintenance of consistency across the translations. The English text should also enable the reader to locate the corresponding material in the Greek original. This requires attention to the document’s structure, the identification of the parties and the reproduction of references to legislation and earlier decisions. Where only selected passages are translated, the extent of the translation should be clearly identified so that the reader is aware of the material covered. However, where the purpose is to understand the judgment as a whole, a complete translation is generally more useful than an abbreviated account which may omit context essential to the court’s reasoning. The appropriate scope should be agreed with the instructing lawyer, who remains responsible for determining how the translated document will be used in connection with the proceedings.

The value of specialist Greek-English legal translation expertise

At JurTrans, we have specialised in Greek-English legal and financial translation for three decades. Our work involves examining legal documents within their procedural and substantive context, with particular attention to terminology whose meaning depends on the structure of the Greek legal system. That experience is supported by formal legal education, university-level teaching experience and sustained involvement in academic research into legal translation.

Through our work on the Lex Graeca project, including the translation of major Greek codes (both substantive and procedural) into English, we have also developed extensive experience in researching Greek legal terminology and establishing consistent English renderings of concepts which are often inadequately covered by existing reference works.

We have translated many millions of words over those decades and have countless satisfied clients.  These figures reflect the depth of experience accumulated across a broad range of legal assignments.

Our approach to translating Greek court judgments is informed by detailed familiarity with the intricacies of Greek law and an appreciation of how the English translation will be understood by lawyers accustomed to different legal systems.

We approach each text with the analytical mindset of a lawyer, examining the reasoning and procedural context before settling on the most appropriate English terminology. Equally important is close attention to detail. Statutory references are checked where necessary, potential inconsistencies are investigated and questions arising from the Greek original are raised with the instructing lawyer when clarification is required. This is supported by specialist legal reference resources, access to current legal databases and a commitment to the confidentiality of clients’ documents.

For international clients and their legal advisers, the objective is to provide an English translation which communicates the substance of the Greek judgment faithfully and allows the legal issues to be discussed on an informed basis.

 

Frequently asked questions about translating Greek court judgments

Does a Greek court judgment need to be translated in full?

The appropriate scope depends on why the translation is required. Where an international client or foreign lawyer needs to understand the complete reasoning and outcome of the proceedings, a full translation is generally the most useful option. Translations of selected passages may also be appropriate, provided their scope is clearly identified and agreed with the instructing lawyer.

 

Can AI summarise a Greek judgment accurately?

AI-generated summaries may provide preliminary orientation, but their reliability should not be assumed. Research into automated judgment summarisation has identified factual inconsistencies, while studies of Greek-English legal translation have found substantial accuracy errors in automated outputs. Where a judgment’s meaning is important, the original text and an accurate professional translation provide a more dependable basis for legal discussion.

What should be provided when commissioning a Greek court judgment translation?

Providing the complete Greek document and, where relevant, earlier decisions or existing translations can help the translator understand the procedural context and maintain consistent terminology. It is also useful to explain who will read the translation and whether particular cross-references or presentation requirements need to be preserved.

Greek court judgment and appeal translation services at JurTrans

Greek court judgments and appeals can be demanding documents to translate. Their legal meaning depends on the procedural context, the structure of judicial reasoning and the specialised terminology of Greek law.

For international clients and the lawyers advising them, an accurate English translation provides the basis for understanding what the Greek court has decided and discussing its significance with the Greek legal team.

JurTrans provides specialist Greek-English translation of court judgments, appeal documents and related litigation materials, drawing on decades of practical experience and academic research into legal language.

If you require an English translation of a Greek court judgment or documents relating to an appeal, please contact JurTrans or email info@jurtrans.com.

JurTrans is a specialist legal translation company and does not provide legal advice. This article addresses legal translation and communication issues for general information. Questions concerning legal rights, procedural remedies and the consequences of court decisions should be addressed to the lawyers responsible for the proceedings.

 

 

When legal documents cross borders, the challenge is not simply one of language. Different jurisdictions organise legal concepts differently, use different procedural terminology and often have no exact equivalent for terms that appear straightforward on the page. For clients working between Greece, Cyprus and English-speaking jurisdictions, those differences can have real consequences.

This is where specialist legal translation adds value.

JurTrans works exclusively in the Greek-English legal and financial field, helping law firms, businesses, institutions and private clients use translated documents with confidence. The aim is not only to produce text that is linguistically accurate, but to ensure that it makes sense in its legal context and is appropriate for the purpose for which it will be used.

That requires judgement. A term that appears to have an obvious English equivalent may carry a different procedural or institutional meaning in Greek or Cypriot law. A literal rendering may be understandable but misleading. A phrase that is acceptable in one legal system may sound unnatural, imprecise or even suggest a different legal effect in another.

By combining linguistic expertise with detailed familiarity with Greek, Cypriot, UK and European legal terminology and practice, JurTrans helps clients avoid those problems. The result is clearer drafting, more reliable terminology and fewer ambiguities in documents intended for litigation, corporate transactions, contracts, regulatory matters and other situations where precision matters.

Experience also plays an important role. After almost three decades and tens of millions of translated words across legal and financial subject areas, recurring terminology, procedural distinctions and jurisdiction-specific conventions are familiar territory. That accumulated knowledge allows potential issues to be identified early and handled consistently.

The rise of generative AI has made instant translation easier than ever. It has also made it easier to produce text that sounds convincing while being subtly or plainly wrong. In legal work, fluency is not the same as accuracy. A polished sentence can still contain a false equivalence, omit an important distinction or introduce terminology that is inappropriate for the relevant jurisdiction.

For this reason, the human element remains central to the JurTrans approach. Technology is used where it genuinely improves consistency, efficiency and terminology management, but every text is subject to professional judgement and careful review. Clients also benefit from confidentiality, accountability and the ability to ask questions or resolve uncertainties with a specialist who understands both the source document and its legal setting.

Ultimately, good legal translation should reduce friction rather than create it. It should allow the reader to focus on the substance of the document without being distracted by awkward language, uncertain terminology or hidden ambiguity. That is the practical benefit JurTrans aims to provide: accurate, dependable legal communication across jurisdictions, with the expertise and scrutiny that high-stakes documents require.

 

… following on from yesterday’s post about AI essentials for lawyers with some thoughts on how that relates to legal translation

1. Generative AI in the Legal Sector: Legal translators have a head start here. They’ve been using neural machine translation (NMT) for several years now.

While it can be helpful in some instances, it may not fully grasp the nuances of legal language or be suitable for all legal documents.

Expert human translators remain indispensable. Without them the risks are high.

2. AI’s long-term impact: Legal translators are no strangers to technological developments. They monitor those developments and integrate tools into their workflow when appropriate. They’ve been doing this for a long time and will continue to do so.

3. Opportunities and risks: Legal translations generated without any human involvement put you at risk of having a document in which legal terms and concepts have been misinterpreted.

This can lead to significant legal repercussions.

Cost reduction may be a legitimate objective but when the price is someone’s freedom, rights, money, etc.

4. Intellectual property and data risks: Legal translators are well aware of the data risks of free MT and AI platforms.

Client confidentiality is a key concern for the profession.

NDAs and codes of professional codes of ethics covering these matters are common.

Sensitive legal documents should not be put through free MT or AI systems

5. Cybersecurity risks: GDPR awareness among legal translators is high.

6. Integrity of output and ethical concerns: Legal translators are familiar with NMT, a form of AI, its uses, and shortcomings.

Omissions, inconsistent renderings of key legal terms, are common in such systems. All these affect integrity of the legal words being translated.

The output suffers from an “illusion of fluidity”. Your clients need accuracy not something that appears accurate.

Can you guarantee that?

7. Reputational risks: Poor translations resulting from over-reliance on AI can damage a law firm’s reputation in the eyes of its clients.

Lawyers should be wary of trusting the machine too much given the complex nature of legal language.

Do you have policies in place to manage these risks?

8. Regulatory and professional responsibilities: Consider your professional duty to act diligently and safeguard your client’s interests.

Is providing a free / fast translation actually serving your client’s bests interests?

Think about how this ties into your own professional code of conduct

9. Risk management strategies: Lawyers are risk managers.

Legal translators are risk managers.

Expert translators exercise judgment and make informed decisions on the appropriateness of certain renderings of translated terms in a legal context, a skill that AI lacks.

They can also spot errors in the source document and point them out saving egg on your face.

10. Considerations for use in legal practice: Work closely with your legal translator.

Let them decide what tool is appropriate for the translation.

It may involve MT / AI.

It may not.

Trust in their expert knowledge.

Words matter in law – even translated words.

 

If you want to learn more, check out some research into this topic:

https://shorturl.at/nCL17

Launching a new series of interviews with legal translators and experts in the field of legal translation, we have an interview with Eleni Nanaki, Attorney at Law LL.M – author and publisher of the bilingual legal glossaries in the ius et translatum series who talks to us about challenges in legal translation as seen by an international lawyer…Continue Reading..

The challenges and pitfalls of legal translation: an interview with John O’Shea

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John is an experienced legal translator with a background in law. We asked him how he ventured into translation, how he deals with the specific challenges of his specialisation and what are some of the best ways to specialise in this field.

Tell us a bit about yourself. How and where did you first learn Greek and how did you decide to venture into legal translation?

Hi, I’m originally from Ireland. I lived in Greece for 15 years and now live in London. I’m a legal translator and have been doing this job for 21 years now. I was also recently elected to the Board of FIT Europe.

I started learning Greek when I was at university, doing some research about environmental law; the idea was to compare the legal systems in two peripheries of the European Union. From early on I had an interest in comparative law, which is an essential tool for any legal translator. I used to teach law too; and law –as you know- is all about language anyway. So it was easy for me to combine my knowledge of law with my interest in language.  The perfect combination for a legal translator.

What are the main challenges and “traps” when translating legal texts, especially between two different legal systems?

I studied law in Northern Ireland which has its own legal system within the UK, but of course it is based on the common law. The Greek legal system comes from a completely different tradition, based on Roman and civil law, so it can be very hard to describe the way things are done in the Greek context through the medium of English. Lots of things don’t match up, there are often no simple equivalents for terms, ideas or concepts. Plus with Greek you have a couple of added layers of difficulty and complexity: firstly, the switch from purist Greek to the demotic form; the purist form is still very evident in legal documents even today, and secondly the Greek in Cyprus, especially in a legal setting, is completely different from that in Greece: different terms, different concepts, different ways of seeing the world, different ways of presenting information. So translating from Greek to English can be a real challenge.

You need to have a very strong grasp of the two legal systems you are translating between; and a decent understanding of comparative law. Sometimes concepts may appear to be the same at a superficial level but when you take a comparative law approach, and peel back the layers you realise that what you thought was an easy equivalent, isn’t in fact equivalent at all because the concept in each legal system has a slightly different focus. I remember a paper given at a legal translation conference in early 2017 which talked about negligence in 3 different legal systems; but in each system the losses which were being compensated were radically different. Can we really say that negligence in system A is the same as in system B when it is rectifying a different sort of wrong? As a legal translator you really need to be attuned to that sort of detail which means that in-depth research needs to be a core part of what you do.

How do you approach legal terms that have no precise equivalent in the target language?

Let’s take the example of antiparochi; it became common in Greece in the 50s, 60s and 70s as the country experienced a building boom as people flooded into the cities and anyone with land found it tempting to hand the land over to a contractor who would build an apartment building and give the landowner a couple of flats in return. There isn’t anything like it in the UK that I am aware of. If you check the legal dictionaries they will give various terms that don’t really reflect what the term is really about. That tends to be a major problem with legal dictionaries; often they provide no context for when the suggested terms should be used, and offer no clues as to how to decide between the choices available.

That’s where some knowledge of translation theory can be very useful. It suggests that there are various tools and techniques available to the translator; you can’t just rely on a dictionary. These include the use of calques, loan words or neologisms, even translator’s notes to provide an explanation about what the term means. Which approach you use will often depend on who your client is. If you know the document is intended to be read by lawyers and filed in court you need to be as precise as possible; if the client is someone buying an apartment then you can a bit more lax because their primary concern is to understand what they are agreeing to. So how you translate a term, especially one for which there is no easy equivalent, will vary depending on context. You hear a lot of suggestions about what antiparochi should be in English, but my personal favourite is land-for-flats system.  Simple, easy-to-understand, and to the point.

Sometimes concepts may appear to be the same at a superficial level but when you take a comparative law approach and peel back the layers you realise that what you thought was an easy equivalent, isn’t in fact equivalent at all because the concept in each legal system has a slightly different focus.

What would you advise colleagues who wish to specialise in legal translation? How should they go about it?

There’s a massive debate in the legal translation literature about whether someone who has studied law or someone who has studied translation makes the best legal translator. I can’t answer that definitively but from my experience someone without a background in law is at more of a disadvantage because they need to learn the law of two countries, of two legal systems. Someone with a background in law already has a foot on the ladder, and simply needs to become an expert in the other system.

Legal training equips your mind with certain tools that make it much easier to figure out things in the second legal system. I’m not saying it is impossible for someone without legal training to become a legal translator, it just requires a lot more hard work, study and effort; plus the risks of errors being made is definitely higher. That’s not to say that you will never make errors if you’ve studied law then come to translation. To err is human after all.

If you come to legal translation from a translation background, areas you really need to focus on are comparative law, to be able to distinguish between different conceptualisations of the world by different legal systems; procedural law in both systems (how the courts work, how legal proceedings are filed, and so on); the substantive areas of law you are interested in working in -say contract law or land law-; and, strange as it may sound, legal philosophy. A legal translator needs to be able to understand how a lawyer reasons, how he or she thinks, how he or she conceptualises things, put arguments, uses hypothetical reasoning and so on. A firm grounding in legal philosophy can help with that. And of course, legal philosophy in the common law and civil law is very different, so you need to read up on both.

You asked me how to go about specialising in legal translation.

If you come from a translation background, get a law degree ideally. In Greece there are no degree courses in legal translation, you’d have to go abroad to do that. The University of London will be offering one from autumn this year. Other European countries offer great degree courses in legal translation for their own languages.  University of Trieste has great expertise in the field for Italian, for example.

If doing another degree is prohibitive, read as widely as possible about the two legal systems you are interested in.

If you come from a legal background, either study translation or read widely about translation theory before diving straight into translation, and of course make sure your language skills in both languages are strong.

Continuous professional development is also vital. You can’t possibly know all areas of law but you can acquire expertise in certain areas, just like lawyers do. So regularly attending conferences on law and on legal translation is important; especially conferences on law because the law is always developing and changing and it pays to keep up to date.

What are some good resources in the Greek to English / English to Greek language combination?

This is one of the major problems with languages of limited diffusion. A major lack of resources targeted at translators. Basically there are few resources in the field. There are some books in Greek, like Prof. Krimpas’ excellent book on legal terminology, but they can be counted on one hand. A couple of the Greek legal codes have been translated into English; the quality varies a lot from below average to ok; plus lots of the key texts have never been properly translated. What you tend to end up with is everyone translating laws / codes differently, whereas with major languages like French and German, official translations of key legislation and codes are easily available.

But the major problem is a lack of decent dictionaries. I’ve already said that dictionaries won’t solve all the problems or answer all the questions but they are good starting point. The problem with GR-EN / EN-GR is that there is paucity of good legal dictionaries. There are in fact quite a few legal dictionaries in that combination, they just tend to be problematic: mere word lists in effect, or a massive choice of potential things to choose from, but no explanation of how to differentiate between them.  In other languages like French, academics or even individual translators have prepared legal dictionaries designed to overcome those problems. In Greece, we haven’t quite got to that stage.

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Billis, Emmanouil (ed.): The Greek Penal Code. English translation by Vasiliki Chalkiadaki and Emmanouil Billis. Introduction by Emmanouil Billis. Berlin, Duncker & Humblot 2017, 256 p. [ISBN 978-3-86113-794-8 (Max-Planck-Institut), ISBN 978-3-428-15230-8 (Duncker & Humblot)].

The Greek Penal Code

The esteemed Max Planck Institute for Foreign and International Criminal Law, in partnership with the German publisher Duncker & Humblot, has recently published a new English translation of the Greek Penal Code by Emmanouil Billis. Mr. Billis is a researcher on criminal law and procedure, comparative criminal law and the law of evidence and teaches at several prestigious law schools around Europe.

This new work “includes a systematic introduction to the basic characteristics and fundamental principles of criminal law and the Penal Code of Greece. As such, it is an indispensable resource for legal professionals, comparatists, and international scholars interested in the Greek criminal justice system”.

I would also add ‘legal translators’ to that list. As I pointed out in a recent blogpost, an essential tool for any professional legal translator is a translation of the key codes into his/her working languages. This can solve many terminological issues and promote consistency, while also aiding comprehension by the target audience.

The new book is the result of a project entitled  “Translation of the Greek Penal Code into English”, which was run at the Max Planck Institute for Foreign and International Criminal Law. The contents of the book can be viewed here.

Interestingly, this is not the first time that the Greek Penal Code has been translated into English. The Code was previously translated in 1973 by N. Lolis, prefaced by an introduction to Greek criminal law by Giorgios Mangakis, and published as part of the American Series of Foreign Penal Codes. Times move on though. As the publisher’s blurb for the new book by Billis points out, criminal law is an area that evolves and develops over time and, “the individual definitions of criminal offences, [have] been widely amended several times. Efforts have always been made to adapt the law to modern socio-ethical, political, economic, and international developments”.  So the new translation is a welcome addition to the tools at the legal translator’s disposal.

 

 

A FEW THOUGHTS ON QUALITY IN LEGAL TRANSLATION

Poor or inadequate legal translations can have dire consequences on the legal, financial and personal relations of individuals, companies and legal entities, lead to doubts regarding the rights and obligations of the parties and can often result in great financial losses. The expectations of quality in this field are high, certainly higher than in other translation fields, for the sake of legal certainty and for the avoidance of these adverse consequences.Continue Reading..

There can be dire consequences from not translating legal content.

The Siemens bribery trial was characterised by many this past summer as a trial ‘lost in translation’. For those who don’t remember or know the topic, this case is about public contract No. 8002 which the German company Siemens secured and signed in 1997 with the Hellenic Telecommunications Organisation (OTE) which was then publicly owned in order to digitise its network. The investigation of the case was launched by Greek judicial authorities about a decade ago and, as a result, 64 suspects were brought to trial. Amongst them were 13 German nationals, executives of the German company, as well as a French-Swiss banker. According to the indictment, the defendants allegedly bribed Greek politicians and public officials to secure the above mentioned public contract.

On the 12th of July the three-member Court of Appeals in Athens suspended proceedings in the Siemens scandal case for an indefinite period, because the subpoena and the bill of indictment hadn’t been translated into the defendants’ native language. The Court accepted the plea filed by the non-Greek defendants and suspended proceedings until the translation could be completed, even though this suspension could lead to the crimes being prescribed under the statute of limitations. Of course, that is the only decision the Court could have reached, since the right to interpretation and translation for those who do not speak or understand the language of the proceedings is enshrined in Article 6 of the ECHR, as interpreted in the case-law of the European Court of Human Rights and is further specified by the Directive 2010/64/EU of the European Parliament and of the Council. According to the Directive the Member States should ensure that there is free and adequate linguistic assistance, allowing suspected or accused persons who do not speak or understand the language of the criminal proceedings fully to exercise their right of defence and safeguarding the fairness of the proceedings. Article 3 of the Directive also makes it quite clear that, “Safeguarding the fairness of the proceedings requires that essential documents, or at least the relevant passages of such documents, be translated for the benefit of suspected or accused persons in accordance with this Directive.  Certain documents should always be considered essential for that purpose and should therefore be translated, such as any decision depriving a person of his liberty, any charge or indictment, and any judgment.”

So quite rightly not translating legal content essential for the case was characterised as an even bigger scandal than the Siemens scandal.  The Translation Service of the Ministry of Foreign Affairs, to which the translation of those documents was assigned, initially stated that all the documents sent to it by the Prosecution Service at the Court of Appeals were translated in time, while the Prosecution Service denied that that was so. After a number of further denials of each side’s claims by the other side, as well as disciplinary actions against State Prosecutors, the Translation Service of the Ministry of Foreign Affairs delivered the translation of the bill of indictment in the German language on the 15th of September.

But what can we learn from this case about the consequences of not translating legal content?

  1. What happened confirms that legal translation is still considered as an unnecessary and trivial service in Greece, even by some legal professionals themselves. It is worth noting that in the preparatory stage of the proceedings a State Prosecutor didn’t grant the request for the translation of the bill of indictment made by the non-Greek nationals, on the grounds that the defendants had already provided a statement of defence and had been apprised of the charge sheet, therefore the translation of the bill of indictment was not necessary. The content of legal documents though is what determines the outcome of a court case. In criminal matters, by issuing a bill of indictment the Judicial Council is in effect deciding to bring the defendant to trial, if it finds that there is sufficient evidence to support the charges against him. The content of that document will shape the defendant’s defence and will determine a number of other rights that he has under Greek law, such as =his right to appeal the decision of the Judicial Council. Let’s hope that the Siemens story doesn’t need to be repeated, before we can realise how important the translation of legal documents is, both in and out of the courtroom, and what consequences not translating legal content can have.
  1. The services of legal translators should be engaged from the outset in legal cases where it is anticipated that there will be a need for legal content to be translated, in order for delays of this kind to be avoided. Legal translators are not only valuable, but also necessary aides in cases where there are foreign elements.  So choose your translators from the outset and keep them updated about any developments or changes in your case. How much faster would the Siemens case have progressed from one stage to the next, if the services of legal translators had been engaged from the beginning and if the translation of every essential legal document had been secured right after it was drafted?
  1. Assign the translation of your legal documents to specialised translators, who know the legal system of the country in which the documents are being drafted, as well as the legal system of the country into whose language they are translating. Let’s not forget that the essential aim of the translation in the Siemens case was to provide the foreign defendants with the opportunity to exercise their right to defend themselves. No matter how good the German language skills of the translators are, if they are not familiar with the legal system of Greece, they won’t be able to grasp the meaning of the terms found in legal documents. No matter how well they know the Greek legal system, if they are not familiar with German legal terminology as well, they won’t be able to choose the most suitable term, in order to fulfil the aim of the translation for its final recipient.

Besides the Siemens case, there are also other cases where not translating legal content had adverse consequences and often incurred extra costs. A recent excellent example we have already highlighted was the WhatsApp

Sources: http://www.cnn.gr/news/ellada/story/42369/areios-pagos-peitharxiki-dioxi-kata-trion-eisaggeleon-gia-tin-ypothesi-siemens

 

By Eva Angelopoulou

Eva is an English / German to Greek legal translator. She holds a Master’s in Law and a Postgraduate Degree in Specialised Translation. She worked as a legal practitioner in Greece for 7 years and has been bringing her expertise and knowledge to the translation industry for the last 3 years. She is an SDL-certified translator and is obsessed with languages. Besides working with language, she also really enjoys travelling. She has lived in Greece, Germany and Belgium and is now based in Ireland.

In one of our previous posts we talked about the cultural inconsistencies in legal translation that often come up and specifically about inconsistencies in the realia. In this post, we are going to talk about the ways in which the legal translator can tackle these inconsistencies.

We gave an example using the term “fiduciary” and its Greek translation, but we concluded that there isn’t an equivalent term that has the exact same meaning and an identical content in the Greek legal system. What needs to be stressed here is the fact that the legal translator is able to reach this conclusion only if he is familiar with the law of both the legal systems involved: the legal system from which the source text comes and the legal system from which the target text comes. Familiarity with the first will enable the translator to have a clear grasp of the meaning, the content and the function of the concept, the term or the realia that he needs to translate. Familiarity with the second will enable him to look for the respective concept, term or realia in the target language.

As in the example that we used in our previous post, in the case where there isn’t an equivalent concept, term or realia, the translator should embrace the interpretative approach, aiming at the same time to ensure that the final recipient of the text will be able to understand it. The target text will be used in the context of a different legal system by people familiar only with their own legal system. The translator’s aim should be to clearly present the foreign legal system, without altering the structure and the legal effect of the text and of course without adding to or subtracting from the amount of information that the final recipient will draw from his translated text.

Hard? Yes. Impossible? No.

In any case, the legal translator should contact his client and advise him about the implications that arise from the inconsistencies of the two cultures involved, as well as about the ways in which he is planning to tackle those cultural inconsistencies in legal translation.

In our example I chose to translate the term “fiduciary” as “διαχειριστής αλλότριας περιουσίας” (administrator of another’s affairs), drawing my inspiration from the concept of “management of another’s affairs/voluntary agency” (διοίκηση αλλοτρίων) in Article 730 of the Hellenic Civil Code. The reason that the English term couldn’t have been translated as “διοικητής αλλοτρίων” (manager of another’s affairs/voluntary agent) is because there is a crucial difference between those two concepts: the agent mentioned in Article 730 of the Greek Civil Code manages the affairs of another person, but acts without authority, while the fiduciary acts under a mandate.

Just like any translator, the legal translator should also cultivate his multiculturalism, as this is a necessary professional tool. Since any form of cross-language communication is also cross-cultural communication (Vlachopoulos, p. 36) and every legal system is created within a specific culture, it is more than necessary for the legal translator to be aware of and be exposed to his own, as well as the foreign culture. This is the very heart of the role of the professional legal translator, as he is the person responsible for transferring the message and the content of the legal text from one culture to the other and finding solutions to the legal inconsistencies in his legal translation.

According to Vlachopoulos, who in turn refers to the research of Maddux & Galinsky in the field of business administration (Vlachopoulos, p. 37), simply knowing the language, as a sum of finite linguistic units and syntactical mechanisms, without being aware of the cultural elements reflected in the usage of a specific word or in the usage of a specific syntactical mechanism and without being conscious of the significance these elements bear in the foreign culture, dooms every effort of cross-cultural communication to failure. In other words, lack of awareness of the cultural parameters defeats creative understanding and leads to a linear and uncritical transfer of structures of the source language to the target language. It leads, above all, to an uncritical transfer of the thought structures of the source culture to the target culture. Vlachopoulos then he goes on to say that it is necessary for the translator to be familiar with the cultures with which he is working, so that, firstly, he can possess the knowledge and the experience that will support his understanding of the target culture and secondly, to be able to assess the acceptance criteria and in this way be able to converge to the highest possible extent with the communication standards that he is required to respect.

In the context of cross-cultural communication, therefore, the skilled legal translator should possess an awareness of the legal culture of both countries and keep himself constantly informed about new legislation, new case-law and the changes taking place in his own, as well as in the foreign legal system.

 

By Eva Angelopoulou

A legal text always reflects a specific national legal system, in the sense that it is based on the laws, rules and regulations of that legal system. Any national legal system is, in turn, culture-based, since it is created in accordance with the needs of a specific culture and aims to ensure harmonious co-existence between the members of that culture. In this sense, law is an integral component of culture. Since no two cultures are identical, no national legal system can be identical to another, even if both of them belong to the same legal family. The logical consequence of this simple fact, and one that is of course anticipated by professional legal translators, is that difficulties and challenges are bound to come up while transferring a legal text’s message from one national legal system to another, due to the differences and non-equivalences between the respective legal systems. These differences and inconsistencies are, of course, also reflected in the legal language, which is the means of expressing the national law.

The differences therefore between the source culture and the target culture create inconsistencies in legal texts. There are different kinds of inconsistencies, but in this post we are going to talk about what is perhaps the most common kind of inconsistency that can be found in legal texts, one that arises due to the non-existence of a culture’s realia (institutions, concepts and systems) in another culture. This type of inconsistency is called factual inconsistency. I wonder if there is a professional legal translator who hasn’t encountered terms, phrases or concepts in legal texts that refer to realia that exist in the source culture, while no equivalent realia exist in the target culture. An example of a factual inconsistency that I recently encountered while translating an English legal text into Greek is the term “fiduciary”. This general term, that can be found in Common Law systems, refers to the person that somebody entrusted with the management of their affairs. The individual who acts as fiduciary is someone who undertakes to act for the benefit of and on behalf of the person who trusted them in relation to a particular affair. In bilingual English to Greek legal dictionaries the term fiduciary is usually translated as θεματοφύλακας (thematofylakas). The term θεματοφύλακας (thematofylakas) however refers to the contract of deposit under Article 822 of the Greek Civil Code, according to which “the depositary takes delivery from another person of a moveable thing with a view to keeping it subject to the undertaking of restitution upon demand”. It doesn’t take long for a professional legal translator, who is familiar with the Greek law of obligations, to realise not only that the term fiduciary cannot be translated as θεματοφύλακας (thematofylakas) in Greek, since a fiduciary relationship does not include only guarding a moveable thing, but also that there isn’t really an equivalent term or concept in the Greek legal system with exactly the same meaning and an identical content.

The next question that logically comes up is how should a legal translator tackle these inconsistencies?

We will try and give an answer to this question in a future post. In the meantime, you can read more about inconsistencies in legal texts and the legal translator’s approach in this article by Stefanos Vlachopoulos  in Greek or in this one  by Radegundis Stolze in English.

 

by Eva Angelopoulou


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