Discipline
The Inspectorate opens proceedings. A panel of the Council hears them, with the members drawn by lot in the majority. The Constitutional Court decides an appeal finally.
Article 206(1): disciplinary liability arises for a breach of the duties of Article 204, for a failure to decide within the periods fixed, for a breach of Article 201, for concealment of an interest, and for conduct incompatible with the office. It arises in no case for the content of a decision, for its reversal on appeal, or for a legal opinion expressed.
Article 206(3): proceedings are heard by a disciplinary panel of the Council, composed for each case by lot from its members, in which the members drawn by lot under Article 210 hold a majority.
The course of a proceeding
| Step | What happens | Provision |
|---|---|---|
| Opening | By the Judicial Inspectorate, upon complaint by any person or on its own motion | Article 206(2) and Article 214(4) |
| Panel | Composed for the case by lot from the members of the Council, with the members drawn by lot in the majority | Article 206(3) |
| Hearing | The judge is heard, has access to the file, and is assisted by counsel at public cost | Article 206(4) |
| Publicity | Hearings and decisions are public, with the redactions Article 51 requires for the protection of complainants | Article 206(5) |
| Sanction | Warning, reprimand, transfer, suspension or removal, proportionate to the breach established | Article 206(6) |
| Appeal | To the Constitutional Court, which decides finally | Article 206(4) |
Removal
Removal follows only upon a grave breach established by this procedure or for conviction of an offence by final judgment. Article 203(3) allows a judge to be transferred, suspended or removed in the course of a term only by this procedure.
Limits of discipline
Article 206(1): liability arises in no case for the content of a decision, for its reversal on appeal, or for a legal opinion expressed.
Article 204(6): judges may teach, write, research and take part in public debate upon questions of law, and this in no case engages disciplinary liability.
Article 214(6): the Inspectorate in no case examines the content of a decision, and an inspection touching the reasoning of a judgment is void.
Proceedings of the current year
| Ground | Proceedings | Outcome |
|---|---|---|
| Failure to decide within the periods fixed | 4 | Two warnings, one reprimand, one dismissed |
| Concealment of an interest | 1 | Pending before the panel |
| Breach of Article 201 in a reassignment | 1 | Reprimand. The assignment was void and the case was drawn afresh. |
| Conduct incompatible with the office | 2 | One dismissed, one on appeal to the Constitutional Court |
Every hearing and every decision is public, with the redactions the law requires for the protection of complainants.