07 October 2020

LawRules #3: We need to talk about Disciplinary Proceedings

Judges, as all other people, sometimes misbehave. In that case, a procedure needs to be in place to examine if a sanction is required and, if so, to impose it.

Disciplinary procedures, however, can be misused by an authoritarian government as blunt yet efficient tool to force the independent judiciary into submission. The most striking case in point is, once again: Poland. Judge Igor Tuleya is facing removal from office and worse for having crossed the government once too often in his discharge of his judicial duties. And he is not the only one.

Our distinguished guests for this week’s episode are:

NINA BETETTO, a judge of the Slovenian Supreme Court and the President of the Consultative Council of European Judges (CCJE),

ADAM BODNAR, the outgoing Human Rights Commissioner of the Republik of Poland, and

SUSANA DE LA SIERRA, a professor of administrative law at the University of Castilla-La Mancha in Toledo, Spain.

SUGGESTED CITATION  Betetto, Nina, Bodnar, Adam, de la Sierra, Susana; Steinbeis, Maximilian: LawRules #3: We need to talk about Disciplinary Proceedings, VerfBlog, 2020/10/07, https://verfassungsblog.de/lawrules-3-we-need-to-talk-about-disciplinary-proceedings/, DOI: 10.17176/20201007-121333-0.

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