Disciplinary Proceedings as a Preventive Mechanism for Ensuring the Right to a Fair Trial

The existence of mechanisms for disciplinary proceedings against judges is important both to ensure the accountability of judges in a democratic society and to strengthen confidence in the judicial system. To ensure the authority of the judiciary, the judge must recognize and follow the rules and standards of conduct necessary to protect the prestige of justice. Every action of a judge must be based on the rules of judicial ethics, and such behaviour, which violates the established standard and, in its essence, represents a possible disciplinary offense, must be evaluated by the body implementing disciplinary proceedings within the framework of disciplinary legislation. On the other hand, disciplinary proceedings contribute to the understanding of the judge's behaviour in such a way as to ensure the use of disciplinary proceedings as a preventive mechanism, and the mentioned type of proceedings itself should not pose a threat to the fundamental values of independence and impartiality of the court. In addition, during the disciplinary proceedings, it should be ensured that the proceedings are conducted with proper quality and in a prescribed manner.