Term and significance of the official language
The term ‘official language’ refers to the language that is mandatorily prescribed, in a specific sovereign territory, for authorities, courts, and other public institutions in the performance of sovereign tasks. It serves as the medium of communication between state bodies as well as between the state and its citizens within the context of official procedures. The concept of the official language is of significant practical legal importance, as it ensures and standardizes the comprehensibility, legal certainty, and accessibility of state actions.
Legal basis of the official language
National and supranational regulations
The designation of the official language is determined by statutory or constitutional provisions. In both federal and unitary states, official languages are established either at the national level or by the constituent states. Furthermore, there are also regulations addressing the official language at the level of supranational organizations, such as the European Union.
Germany
In the Federal Republic of Germany, the official language at the federal level is regulated by Section 23 of the Administrative Procedure Act (VwVfG). It states:
“The official language is German.”
A corresponding regulation for the judiciary arises from Section 184 of the Courts Constitution Act (GVG). In the domain of federal law, German is fundamentally prescribed as the mandatory language for all public acts. Deviating state regulations exist in regions with autochthonous minorities, for example, the Lusatian Sorbs or Frisian-speaking communities in Schleswig-Holstein.
European Union
In the institutions of the European Union, several official languages are permitted according to Article 342 of the Treaty on the Functioning of the European Union and Regulation No. 1/1958. Every Member State may use its own language as the official language in dealings with the Union’s institutions.
Extensions and exceptions
Minority languages
In certain states, the regulation of official languages is supplemented by minority protection rights, which allow or require the use of recognized regional or minority languages. In Germany, this is regulated by state law, in particular the Act on the Rights of the Sorbs in the state of Brandenburg (SorbenG), which recognizes the Sorbian language as a regional official language.
International official languages
Official languages that are stipulated by international treaties also exist in international law. For example, the United Nations stipulates a total of six official languages (including Arabic, Chinese, English, French, Russian, and Spanish) for official use.
Function and significance in legal transactions
Exercise of executive authority
The determination of an official language is inextricably linked to the principles of administrative transparency and legal certainty. It ensures that administrative acts and official decisions are understandable, comprehensible, and legally assessable for their recipients. In practice, this means that non-German documents or evidence in official proceedings require a certified translation to be considered legally valid.
Judicial proceedings
As a rule, the official language must be consistently maintained in court proceedings. Exceptions exist only with the use of interpreters, for instance to safeguard the procedural rights of non-German-speaking participants in accordance with Section 185 GVG. The language of the proceedings is essential for the validity of judicial decisions.
Legal consequences and issues when deviating from the official language
A document issued in a language other than the specified official language may be legally invalid or contestable. Non-compliance may constitute a violation of procedural rules or result in impaired comprehensibility and legal certainty. In individual cases, the right to translation and interpretation is guaranteed by Article 6(3)(e) of the European Convention on Human Rights, especially in criminal proceedings.
Official language in international comparison
The scope and rigidity of official language regulations vary internationally:
- Switzerland: Four official languages; federal authorities officially operate in German, French, Italian, and Romansh.
- Belgium: Three official languages regulated at national and regional levels.
- Canada: English and French as equal official languages at the federal level.
The determination of the official language is always an expression of national identity and political history, and significantly influences the accessibility of government services.
Legal distinction: official language, national language, and colloquial language
A distinction must be made between official language, national language, and colloquial language. While the official language forms the legal basis for public administrative actions, the term national language describes the language predominantly spoken in a certain region, without necessarily having any legal standing. Colloquial language refers to everyday language use without any legal binding.
Conclusion
The official language is a central element of the rule-of-law structures. Its determination serves legal certainty, equal treatment, and smooth communication in administrative and judicial proceedings. Deviations, exceptions, and extensions—especially in favor of minority protection and international understanding—are regulated by law and reflect the society’s appreciation of multilingualism and diversity.
Literature and further sources
- Administrative Procedure Act (VwVfG)
- Courts Constitution Act (GVG)
- Treaty on the Functioning of the European Union (TFEU)
- Regulation No. 1/1958 of the Council of 15 April 1958, OJ 17, 6.10.1958
- Act on the Rights of the Sorbs in the State of Brandenburg (SorbenG)
- European Convention on Human Rights (ECHR)
This article provides a comprehensive, legally sound, and clear overview of the concept of official language and its central importance to the functioning of rule-of-law procedures.
Frequently asked questions
What are the consequences if an administrative procedure is not conducted in the official language?
If the prescribed official language is not used in an administrative procedure, this can have significant legal consequences for the effectiveness of the administrative actions. According to the principle of legality in administration, authorities are required to strictly observe the applicable language regulations, such as Section 23 VwVfG at the federal level. Errors in language use may lead to the formal illegality of procedural acts. For example, if an administrative act is issued in a language other than the officially prescribed one, it may result in the administrative act being void, or at least subject to annulment in an appeal procedure. In particular, if failure to use the official language impairs understandability or legal clarity, affected parties have the right to assert a corresponding procedural defect. Therefore, authorities are required to reject or initially request a translation for submissions or applications in a foreign language, in order to continue the procedure in the official language.
In what cases can the official language be deviated from in administrative proceedings?
The Administrative Procedure Act (VwVfG) and the state administrative procedure acts stipulate the principle of the official language but allow for certain exceptions. A deviation from the official language is possible, in particular, in cross-border regions, in matters involving minority languages, or on the basis of special international treaties. For example, the Sorbs Act in Brandenburg and Saxony provides that proceedings before authorities may also be conducted in the Sorbian language. In cross-border administrative assistance, dealings with foreign states may allow other languages, provided this is based on statutory law or relevant international agreements. Additionally, the administration may temporarily deviate from the official language in certain cases—such as in cases of urgency or for pragmatic reasons—as long as legal certainty and comprehensibility are ensured; however, it is always crucial that a legally valid basis for the deviation exists.
Is a translation of official documents into another language legally binding?
Official documents issued in the official language are generally legally binding only in that form. Translations serve merely as an aid to understanding and, by themselves, are not legally binding unless they are expressly certified translations prepared by an individual authorized by the administrative authority. Even then, the original version of the document remains decisive. In the event of a dispute, courts and authorities always rely on the wording of the official language version. This applies to both judicial and extrajudicial proceedings. In cases of disagreement about the contents of a translation, the original version in the official language takes precedence.
What are the legal foundations regulating the official language in German authorities?
The provisions on the official language are primarily found in Section 23 of the Administrative Procedure Act (VwVfG) for federal authorities. For state authorities, corresponding provisions are set out in the respective state administrative procedure acts. These are supplemented by special statutes such as the Code of Administrative Court Procedure (VwGO) for court proceedings, the Courts Constitution Act (GVG), and specific regulations on the use of minority languages (for example, Sorbian in Brandenburg and Saxony or Frisian in Schleswig-Holstein). There are also numerous administrative regulations, service instructions, and guidance notes regarding the implementation and interpretation of the relevant language requirements. The European Convention on Human Rights (ECHR) is also an important basis under international law, codifying the right to fair proceedings including understanding the language of the proceedings.
Can a citizen demand to be served in a language other than the official language?
As a rule, there is no legal entitlement for procedures or official acts to be conducted in any language other than the prescribed official language, unless there is a specific statutory authorization or international agreement. Every citizen is, however, entitled to use the official language in dealings with authorities; communication in other languages is always at the discretion of the authority and may be declined. If an authority voluntarily agrees to conduct proceedings in a foreign language, the obligation nevertheless remains to document all relevant documents and decisions in the official language and, if necessary, to use the foreign language only additionally for elucidation. For people with language barriers, interpreting and translation services must also be provided if required, with the cost reimbursement being legally regulated.
What is the significance of the official language in court proceedings?
In court proceedings, the official language is of central importance for ensuring the uniform, legally compliant conduct of the process. Section 184 of the Courts Constitution Act (GVG) provides that German is the language of the courts. Deviations are possible only in legally specified exceptional cases (e.g., under the law implementing Article 6(2) of the agreement between the Federal Republic of Germany and the Republic of Poland on mutual assistance and cooperation in judicial matters). The use of the official language ensures legal certainty, transparency, and comprehensibility of all actions in the proceedings. Parties involved who do not have sufficient command of the German language are entitled to an interpreter, with the need being assessed in each individual case. All decisions and records are documented in the official language; a legal obligation to translate exists in court proceedings only in legally mandated exceptional cases.
