Matters excluded
The Inspectorate in no case examines the content of a decision, and an inspection touching the reasoning of a judgment is void.
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.
The same limit elsewhere
Article 206(1): disciplinary liability arises in no case for the content of a decision, for its reversal on appeal, or for a legal opinion expressed.
Article 207(2): the Judicial Council in no case decides a case, reviews a judgment, instructs a judge or exercises influence over the outcome of any proceeding.
Article 241(4): an oversight office may in no case require the reasoning of a judgment.
Article 201(4): the president of a court, the Judicial Council and any other person may in no case select the judge who is to hear a case.
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.
Where a decision is challenged
| Complaint | Where it goes |
|---|---|
| The judgment was wrong on the facts or on the law | Appeal to the regional court under Article 198(2), which decides finally on the facts. |
| The regional court was wrong on a question of law | Cassation to the National Court under Article 200(2). |
| A norm applied conflicts with the Constitution | Reference to the Constitutional Chamber under Article 195. |
| The judge took too long, concealed an interest, or breached Article 201 | The Inspectorate, which opens proceedings under Article 206(2). |
| A right of Title III was violated | The Defender of Rights under Article 252(1). |
Reason for the limit
The independence of the judiciary is established, and a body able to examine why a judge decided as they did would have a means of influencing the next decision. The prohibition therefore attaches to the inspection itself: an inspection touching the reasoning of a judgment is void, and produces nothing.
The remedy for a wrong decision is an appeal. The remedy for a slow, partial or concealed one is the Inspectorate.