The Consultative Council of European Judges (CCJE) of the Council of Europe has adopted a new opinion on the disciplinary liability of judges. This strategy document sets out concrete recommendations on how to strike the subtle balance between ensuring judicial accountability and safeguarding judicial independence, a crucial pillar of democracy and the rule of law.
Why is the CCJE's opinion important?
Judges play a vital role in the functioning of democratic societies, but the question of their disciplinary liability often leads to tensions between the need for accountability and judicial independence. The CCJE's opinion provides clear guidance to member states on this sensitive issue.
Key points
- Fair and independent disciplinary procedures: the opinion recommends establishing clear rules ensuring that the bodies initiating and deciding on disciplinary proceedings are independent of the executive and legislative powers.
- Protecting judges' rights: judges must be able to participate fully in disciplinary proceedings and have the right to appeal, in accordance with Article 6 of the European Convention on Human Rights.
- Protecting judicial decisions: judges' decisions, including their interpretation of the law or weighing of evidence, should not lead to disciplinary sanctions, except in cases of malice or serious misconduct.
- Proportionate and transparent sanctions: an exhaustive list of sanctions must be drawn up and made available. Dismissal should only be considered in exceptional circumstances.
- Use of vetting: vetting should not replace disciplinary measures.
Europe-wide impact
Drawing from an analysis of legal frameworks and practices in the 46 Council of Europe member states, the opinion reaffirms that disciplinary liability is essential to ensure public trust in the judiciary, while at the same time protecting judges from any external pressure.
With the publication of this opinion, the CCJE continues to serve as an expert voice in defending the fundamental principles of the rule of law, reiterating that strong and independent judicial institutions are vital for the stability of European democracies.
The CCJE is an advisory body of the Council of Europe composed of judges from all 46 member states. Its opinions provide expert guidance on matters concerning the judiciary and the rule of law.
New opinion on the disciplinary liability of judges
