Judges against judges

The discipline of judges is an essential pillar of the judicial career. The proper management of this field is imperative, from the perspective of the need to ensure the balance between judicial independence and judicial responsibility, but also from the perspective of the impact of a disciplinary procedure on the image of the concerned judges and on the judiciary. In this context, the activity of the specialized bodies subordinated to the Superior Council of Magistracy with competencies regarding judicial discipline (the Disciplinary Board and the Judicial Inspection) is of increased doctrinal and professional interest. An overview of the current situation on this dimension is reflected in the Decisions of the Disciplinary Board and in the Annual Activity Reports of the concerned entities. The paper includes an analysis focused on a new trend found by the Judicial Inspection in 2022, namely on the fact of the submission of notifications regarding possible disciplinary violations committed by judges - also by fellow judges. What would be the causes that generated such a trend, how does this trend reflect the state of affairs in the judiciary, what would be the role of judicial self-government in ensuring the responsibility of individual judges and what would be the value of professional communication within the judicial system - these are some aspects researched in the paper, from the perspective of governance modernization mechanisms, focused on the protection of human rights.

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Publication Details

Published
2024-10-01
DOI
https://doi.org/10.59295/ssdoed2024.13
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
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article

Judges against judges

Natalia Creciun
Judicial and Constitutional Studies
article

Judges against judges

Natalia Creciun
article en

Abstract

The discipline of judges is an essential pillar of the judicial career. The proper management of this field is imperative, from the perspective of the need to ensure the balance between judicial independence and judicial responsibility, but also from the perspective of the impact of a disciplinary procedure on the image of the concerned judges and on the judiciary. In this context, the activity of the specialized bodies subordinated to the Superior Council of Magistracy with competencies regarding judicial discipline (the Disciplinary Board and the Judicial Inspection) is of increased doctrinal and professional interest. An overview of the current situation on this dimension is reflected in the Decisions of the Disciplinary Board and in the Annual Activity Reports of the concerned entities. The paper includes an analysis focused on a new trend found by the Judicial Inspection in 2022, namely on the fact of the submission of notifications regarding possible disciplinary violations committed by judges - also by fellow judges. What would be the causes that generated such a trend, how does this trend reflect the state of affairs in the judiciary, what would be the role of judicial self-government in ensuring the responsibility of individual judges and what would be the value of professional communication within the judicial system - these are some aspects researched in the paper, from the perspective of governance modernization mechanisms, focused on the protection of human rights.

Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Judicial and Constitutional Studies
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Judges against judges — Natalia Creciun · (2024) | TGRS Research Map | TGRS