Disciplinary responsibility of judges is a cornerstone of judicial independence.
Judges cannot decide freely and impartially if they fear disciplinary consequences - especially the risk of dismissal - for their rulings. That is why the structure and functioning of disciplinary bodies are crucial. Key considerations include: who elects their members; how decisions are made; the clarity and legal basis of disciplinary offences; the rules applied; fair trial guarantees; and the availability of remedies and judicial review. These elements are as vital to judicial independence as tenure security, merit-based appointments by an independent body, adequate remuneration and freedom of expression and association. Importantly, judges should not face disciplinary action for their legal interpretations, factual assessments or evidentiary evaluations – except in cases of malice and gross negligence. This principle also applies to civil and criminal liability of judges. Disciplinary proceedings should only occur when judges fail to perform their duties properly and efficie...