A Council of Europe advisory body has published 23 recommendations for member states on disciplining judges, amid growing threats to judicial independence.
The Consultative Council of European Judges’ (CCJE) ‘opinion’ follows decisions by the European courts which found the executive had used disciplinary measures to silence or remove judges who did not decide in their favour. It says judges’ liability has become a topic of ‘great concern’, adding: ‘In light of such recent developments, it is necessary to reflect on the basis, justification and limits of the disciplinary liability of judges.
‘Judges must perform their duties according to the highest standard of professional conduct in order to fulfil their constitutional role. Disciplinary liability is a means of ensuring that judges abide by their duties. It thereby contributes to maintaining public confidence in the administration of justice.’
The CCJE is made up of judges from all 46 member states, and provides expert guidance on the judiciary and the rule of law.
The recommendations include clear procedural rules that apply to disciplinary proceedings against judges. The body responsible for the initiation of a disciplinary procedure and investigation should not be the same body deciding on the disciplinary matter; and all bodies must be independent from the executive and legislative powers.
Judges’ decisions ‘must not’ give rise to disciplinary action ‘except in cases of malice, wilful default or serious misconduct’ and judges’ rights to take part in disciplinary proceedings and appeal against any decisions should also be guaranteed.
Disciplinary sanctions must also be ‘clearly defined, easily accessible and enumerated in an exhaustive list’, the CCJE said. It added: ‘Any disciplinary sanction imposed on a judge must be proportionate. The dismissal of a judge must only be ordered as a last resort in exceptionally serious cases.’
The opinion, and recommendations, are based on a review of legal frameworks and practice in member states.
