Italian Constitutional Court Rules in Favor of Fair Trials’ Argument on Interpreter Compensation

Fair Trials, in collaboration with the European Criminal Bar Association (ECBA), has successfully intervened with a written opinion before the Italian Constitutional Court in a case concerning the compensation of court interpreters led by defence lawyer and LEAP Advisory Board Member Nicola Canestrini. On February 10, 2025, the Italian Constitutional Court published its Judgment NO. 16/25,  addressing the legality and adequacy of compensation for interpreters.

The case arose from the Court of Florence’s request to review the constitutionality of Article 4, paragraph 2, of Law No. 319/1980, which imposed a declining payment scale for interpreters after the initial hours of a court proceeding. Fair Trials and ECBA argued that this practice undermined the quality of interpretation services, ultimately compromising the right to a fair trial as enshrined in both EU law and the European Convention on Human Rights (ECHR).

The jointly written opinion focused on the obligations, rooted in EU law, of the State to provide adequate and quality translation and interpretation at all stages of the criminal process and the problematic practices that undermine this legal requirement. To this end, our submission addressed the following issues:

1. Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings [“the Directive”] and Article 6 ECHR.
2. Under Directive 2010/64/EU and Article 6 ECHR, member states must provide high-quality interpretation services to defendants who do not speak the language of the proceedings. A fair trial requires accurate and reliable interpretation at all stages of the criminal process.
The obligation to ensure sufficient quality of translation and interpretation in criminal cases.
Inadequate remuneration discourages qualified professionals from providing interpretation services, leading to substandard assistance and potential miscarriages of justice.
3. The compatibility of Article 4 paragraph 2 Law No 319/1980 and national practice with the Directive.
Data shows that Italy’s interpreter compensation was significantly lower than in other European countries, making it neither competitive nor sufficient to attract skilled professionals.

The ruling is particularly significant in relation to the points we raised and states:

“The right to an interpreter, as a guarantee functional to the exercise of the right of defense, must be ensured in a manner that effectively safeguards the right to a fair trial (Article 6 ECHR), which includes the right to be adequately heard and understood in judicial proceedings.”

In addition, the Court ruled that establishing a lower rate from the third hour onward (from €7,4/hour to €4,07/hour) violates the principle of reasonableness under Article 3 of the Italian Constitution. Specifically, the judgment states:

“The principle of reasonableness prohibits measures that, without adequate justification, compromise the effectiveness of constitutional guarantees, including the right to a fair trial.”

Accordingly, the Italian Constitutional Court declared the constitutional illegitimacy of Article 4, paragraph 2, of Law No. 319 of July 8, 1980 (which regulates compensation for experts, technical consultants, interpreters, and translators for operations carried out at the request of the judicial authority), insofar as it sets a lower fee for sessions after the first.

This decision aligns with international legal standards, including Article 6 of the ECHR and Directive 2010/64/EU, both of which affirm the fundamental right to high-quality interpretation in criminal proceedings.

Fair Trials remains committed to advocating for justice and upholding fair trial rights across Europe. We welcome this ruling as a step toward ensuring that every defendant, regardless of language barriers, receives a fair hearing in Italy’s courts.