THE MODELS OF BRINGING JUDGES TO DISCIPLINARY LIABILITY IN THE MEMBER STATES OF THE COUNCIL OF EUROPE: RATHER-LEGAL ANALYSIS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The article is considering the issues of bringing judges to disciplinary liability in the member states of the Council of Europe. The author notes that determining the model of disciplinary liability of judges is the important to clarify its essential aspects, such as the cause for liability, the bodies, which impose disciplinary sanctions on judges, the procedure for disciplinary proceedings, the effects of bringing judges to this type of liability, the guarantees of ensuring the independence of judge in bringing the judge to liability, in particular, the guarantee of noninterference of disciplinary bodies in the process of the administration of justice. The author concludes that these aspects depend on the affiliation of the country to a certain legal family, the perception of the degree of international standards and the scope of its international legal obligations. Functional and informative content model of disciplinary liability judges due to factors such as the historical development of the country, its national traditions and peculiarities of the national legal system. To the author’s opinion, a common ground between European countries is the recognition of the principle of judge’s independence and the necessity of ensuring the standards of due process of law in bringing the judge to liability.
Authors and Affiliations
П. В. Казакевич
Keywords
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