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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...
Offer a practical, judge-led approach to sustaining professional reflection in a complex and evolving judicial environment.
In light of ongoing international efforts to promote the well-being of members of the judiciary, the Austrian Federal Administrative Court (Bundesverwaltungsgericht - BVwG) has established an initiative entitled Intervision , developed and implemented by judges for judges. This format offers a structured and confidential space for professional exchange and mutual support, complementing existing training programmes and professional development tools. Background and development The first considerations for introducing such a format began in October 2021, within the framework of the Association of Judges at the BVwG. After extensive discussions regarding scope, structure and feasibility - including questions of size, frequency, duration and available resources - the concept of Intervision gradually took shape. The aim was to create an accessible, low-threshold forum open to all judges of the court , regardless of their membership in the association. Intervision is understood as a form o...
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