The Judicial Inspectorate
The Inspectorate examines how the courts work. In no case does it examine what any judge decided.
Standing prohibition
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.
Article 214(1): the Inspectorate examines the conduct of judges, the operation of the courts, the working of the assignment system, and compliance with the declarations of Article 204(4).
Article 214(4): the Inspectorate opens proceedings under Article 206(2), and in no case decides them.
Article 214(5): its reports are public, and it reports annually to the Assembly, to the Council and to the public.
Recent inspections
Working of the assignment system, all courts
Annual examination of the draw by which cases reach judges, conducted alongside the audit of the Audit Office under Article 215(1).
Open. Findings to be published in full.Operation of the sub-regional court at Ferrista
Periods within which cases were decided, the register of reassignments, and the conditions of access.
Published. Two reassignments recorded without the written order Article 201(3) requires. Practice corrected.Compliance with the declarations of interest
Verification of the declarations of 618 judges and justices against the property record.
Published. Six outstanding within the period allowed. One discrepancy disclosed and proceedings opened.The full register of inspections
Making a complaint about a judge
Disciplinary proceedings open upon complaint by any person or on the motion of the Inspectorate. A complaint may be lodged at any communal office, by letter, or through the public information system, free of charge.
The grounds of liability are stated: a breach of the duties of Article 204, a failure to decide within the periods fixed, a breach of Article 201, concealment of an interest, and conduct incompatible with the office. It states equally that liability arises in no case for the content of a decision, for its reversal on appeal, or for a legal opinion expressed.
Where the Inspectorate meets another organ
| Organ | Matter |
|---|---|
| Constitutional Court | Appoints the head of the Inspectorate in plenary, for a single term of seven years, from candidates presented by open competition. |
| Judicial Council | Hears the proceedings the Inspectorate opens. Article 214(3) forbids it to appoint, instruct, remunerate, discipline or remove the Inspectorate. |
| Audit Office | Audits the operation of the assignment system annually under Article 215(1). Article 241(4) forbids it to require the reasoning of a judgment. |
| Defender of Rights | Its data division audits the assignment system jointly with the Audit Office under Article 254(4). |
| Office of Democratic Integrity | Receives, verifies and publishes the declarations of Article 204(4). The Inspectorate verifies compliance with them within the judiciary. |
| National Court | Its assignment system and reassignment practice are examined here, and in no case the content of its judgments. |