Proceedings
Anyone may complain about the conduct of a judge. The Inspectorate opens the proceedings and a panel of the Judicial Council decides them.
Before a complaint is lodged
A complaint that the judgment was wrong belongs on appeal. Article 206(1) provides that disciplinary liability arises in no case for the content of a decision, for its reversal on appeal, or for a legal opinion expressed.
Grounds on which proceedings open
| Ground | Provision engaged |
|---|---|
| Breach of the duties of the office | Article 204 |
| Failure to decide within the periods fixed | Article 204(1) |
| Breach of the rules on assignment of cases | Article 201 |
| Concealment of an interest | Article 204(4) |
| Conduct incompatible with the office | Article 204(3) |
How to complain
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. It states the court, the case if there is one, and what the judge did or failed to do.
Any person who furnishes information is protected, and Article 61(3) and (4) apply. Reprisal is void, is grounds for reinstatement and reparation, and is an offence. Article 206(5) makes hearings and decisions public, with the redactions Article 51 requires for the protection of complainants.
Course of the proceeding
| Step | Who acts | Provision |
|---|---|---|
| Examination of the complaint | The Inspectorate | Article 214(1) |
| Opening of proceedings, or a reasoned refusal | The Inspectorate | Article 206(2) |
| Composition of a disciplinary panel by lot | Judicial Council, members drawn by lot holding the majority | Article 206(3) |
| Hearing, with the judge heard and assisted by counsel at public cost | The panel | Article 206(4) |
| Sanction, proportionate to the breach established | The panel | Article 206(6) |
| Appeal, decided finally | Constitutional Court | Article 206(4) |
Sanctions
The sanctions are warning, reprimand, transfer, suspension and removal, proportionate to the breach established. Article 206(7) allows removal only for a grave breach established by this procedure or for conviction of an offence by final judgment.
The Inspectorate imposes none of them. It is confined to opening proceedings.