November 5, 2019
In preventing disciplinary misdemeanours committed by judges, it is vital
that they have a prior consistent and unequivocal understanding of which
actions of theirs may constitute a disciplinary misdemeanour. Enabling judges
to have public access to the decisions of the disciplinary bodies of the High
Judicial Council (“the Council”) in order to be informed on the examples of
sanctioned behaviours, i.e. which types of behaviour constitute actions which
may be prosecuted in disciplinary proceedings, is among the measures used to prevent
misdemeanours, which have been recognised and recommended by the EU. This would
help judges to avoid proceedings which may lead to their being held liable for
breach of discipline, but this would also increase the transparency of the
Council’s work. For these reasons in particular the Project will offer the
necessary support to the Council to publish its decisions.
Publication of the decisions made by the disciplinary bodies of the
Council on its website will be important not only for the judges but for the
wider public, who would thus be able to get better acquainted with how to
recognise prohibited types of conduct of judges. This would be particularly important
to the interested parties in court proceedings. Based on the description of
prohibited and sanctioned types of judges’ conduct, they would be able to seek
protection for their rights in disciplinary proceedings brought against judges
who act in a similar manner in the proceedings they are parties to, thus
encroaching upon their right of access to justice, fair trial, and trial within
reasonable time etc. Publication of disciplinary decisions will enable the
interested parties in court proceedings to act as a sort of corrective
mechanism for judges’ conduct, which in turn contributes to the prevention of
commission of disciplinary offences.