Il diritto all’assistenza linguistica nel processo penale: profili di diritto costituzionale europeo

This article emphasizes that the protection of the right to interpretation and translation in criminal proceedings represents a big achievement for the guarantee of the constitutional due process of law in Italy. It is argued that the right to an interpreter constitutes a good standpoint to see the evolution of the rights of suspected or accused persons in criminal proceedings. After a brief introduction on the relevance of the use language in the Italian le- gal system the article analyses the actions undertaken by the Italian Parliament in implementing the EU Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings. The first result of this gradual action is Directive 2010/64/EU on the right to interpretation and translation. The Directive con- firms the determination of the EU to follow a very prudent approach on the issues concerning procedural rights, characterized by a cautious gradualness and a strong link with the ECHR. However, the introduction of harmonization in this field is surely a strengthening of the basic rights protected by the Court of Strasbourg. The article, then, discusses the implementation of the Directive 2010/64/EU in Italy with the legislative decree n. 32 of 2014, which modifies a few articles of the Italian Code of Criminal Procedure. Finally, the article deals with the problems concerning real efficacy of these initiatives and their adequacy to respond to the need of guarantees in criminal proceedings, especially in the preliminary inquiry stage.