Independence
The Inspectorate is independent of the Judicial Council whose proceedings it opens. The Council may not appoint it, instruct it, pay it, discipline it or remove it.
Article 214(2): the Inspectorate is independent of the Judicial Council. Its head is appointed by the Constitutional Court in plenary for a single term of seven years, non-renewable, from among candidates presented by open competition.
Article 214(3): the Judicial Council may in no case appoint, instruct, remunerate, discipline or remove the Inspectorate or its members.
Appointment of the head
| Step | By whom |
|---|---|
| Open competition upon published criteria | Candidates present themselves |
| Appointment from among the candidates presented | The Constitutional Court, sitting in plenary |
| Term | Seven years, single, never renewed |
| Instruction during the term | Nobody. The Judicial Council is named expressly. |
The arrangement of the three bodies
The Inspectorate opens disciplinary proceedings and decides none. The Judicial Council hears them through a panel composed for each case by lot, in which the members drawn by lot form the majority. The Constitutional Court decides an appeal finally.
The division is plain: the Inspectorate opens proceedings under Article 206(2), and in no case decides them.
Examination of the Inspectorate
Its reports are public, and an annual report goes to the Assembly, to the Judicial Council and to the public. Article 215(1) has the Audit Office audit the resources of the judiciary annually, and Article 215(2) publishes the audit in full.
Every person is allowed to address an oversight office and to receive a reasoned answer. A criticism of the conduct of the Inspectorate may be addressed to it directly, and the answer is published.