Address the Council
Every person may address the Council, and the Council answers in writing and publicly.
Article 213(5): every person may address the Council, and the Council answers in writing and publicly.
Matters that may be addressed
| Subject | What follows |
|---|---|
| The conduct of a judge | Forwarded to the Judicial Inspectorate, which alone opens disciplinary proceedings under Article 206(2). A complaint may also be sent to the Inspectorate directly. |
| The competitions by which judges are recruited | Answered by the Council. The results, the marks, the criteria and the composition of every board are published under Article 202(4). |
| The assignment of a case | Answered by the Council, which maintains the system. A reassignment made contrary to Article 201 voids the assignment and the case is drawn afresh. |
| The resources of the judiciary | Answered by the Council, which proposes them to the Assembly. |
| A decision in a case | Outside the Council entirely. It may not decide a case, review a judgment or instruct a judge. An appeal lies to the court above. |
How to address the Council
In writing, at any communal office, by letter, or through the public information system, free of charge. The answer is written and public. Article 213(3) makes the files of appointment, of promotion and of discipline public, with the redactions Article 51 requires.
Complaints about a judge
The opening of disciplinary proceedings lies with the Judicial Inspectorate, upon complaint by any person or on its own motion. A complaint arriving here is forwarded there. Article 206(5) makes hearings and decisions public, with the redactions Article 51 requires for the protection of complainants.
Any person who furnishes information to an oversight office is protected, and Article 61(3) and (4) apply. Reprisal is void, is grounds for reinstatement and reparation, and is an offence.
Rights of Title III
Where the matter concerns the violation of a right of Title III, the Defender of Rights receives the complaint, in any language of record, in writing, orally or through the public information system, free of charge, and without exhausting any other remedy.