Swearing-in, Oath-taking & Authorization

Swearing-in, Oath-taking, and Authorization – Differences, Areas of Application, and Legal Significance

The terms swearing-in (Vereidigung), oath-taking (Beeidigung), and authorization (Ermächtigung) are particularly important in the context of officially recognized translations, as only qualified translators holding one of these statuses are permitted to produce official translations. In Germany, these designations can vary regionally. Here, we clarify the differences and areas of application of these terms and explain their significance in legal and administrative contexts.

What Do Swearing-in, Oath-taking, and Authorization Mean? 

• Swearing-in: Swearing-in refers to the act of taking an oath before a court or a governmental authority. In doing so, the individual— in this case, the translator—commits to performing the assigned tasks conscientiously and truthfully. The term “swearing-in” is used in various contexts, for example, with civil servants, police officers, soldiers, or politicians who take an oath to diligently fulfill the duties of their office. Translators and interpreters can also be sworn in, which enables them to provide legally binding translations of official statements or documents.

• Oath-taking: The term oath-taking is often used synonymously with swearing-in, particularly when a translator or interpreter is permanently authorized for official tasks. Translators and interpreters who are oath-takers are allowed to produce certified translations that are recognized by authorities, courts, and other official bodies. An oath-taking translator is obliged to uphold their oath and produce translations conscientiously and impartially.

• Authorization: In federal states such as North Rhine-Westphalia, the term “authorized translator” is frequently used. Authorization is typically granted by a regional or higher regional court and entitles the translator to produce certified translations for official purposes. Authorized translators are also legally bound to maintain confidentiality and neutrality, and they may produce certified translations for a wide range of official documents.

Different Terms, Same Legal Effect

In Germany, the designations sworn, oath-taking, and authorized vary depending on the federal state, but they all hold the same legal validity. For instance, a translator in Bavaria may be publicly appointed and oath-taken, while the same status in Hamburg is referred to as swearing-in and in North Rhine-Westphalia as authorization. This title is valid throughout Germany and qualifies the translator to produce certified translations that are accepted in courts or by governmental authorities.

Areas of Application and Use

Sworn, oath-taking, and authorized translators are permitted to translate and certify documents and statements for official purposes. The most common areas of application include:

• Court Proceedings and Legal Affairs: Translators and interpreters authorized for court use translate statements and documents required for trials or legal complaints. Often, their accuracy must be confirmed by an oath-taking to be used in legal proceedings

• Official and Administrative Documents: Documents such as birth certificates, marriage certificates, school transcripts, or naturalization papers often require certification before they are recognized by authorities. Sworn or authorized translators are allowed to produce these certified translations.

• International Legal Transactions: For individuals moving abroad or seeking employment overseas, certified translations of many documents are required. Here, the official confirmation of a sworn or authorized translator is necessary, and in most cases, it is also recognized internationally.

Significance of the Oath and Legal Validity

The oath taken during a swearing-in or oath-taking can vary in its formulation depending on the federal state and the type of office. Some states also allow a non-religious version of the oath. A sworn or oath-taking translator is bound by their oath to strict legal obligations that guarantee both neutrality and confidentiality, and they stand responsible for the accuracy and completeness of their translations.

However, a sworn or authorized translator is not permitted to certify original documents themselves. Such certification, for instance, of certificates or copies, can only be carried out by a notary.