Silvio Roberto Vinceti

The disciplinary liability of judges in Ireland: Comments on the Italian debate in light of the establishment of the Irish Judicial Council

Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.

Abstract

With the adoption of the Guidelines concerning Judicial Conduct and Ethics in February of 2022, the new system of judicial discipline established by the 2019 Judicial Council Act came into full force in Ireland. The establishment of a Judicial Conduct Committee and the new procedure for disciplining judges mark a shift from a rather informal system where the most salient provision was the constitutional procedure for the parliamentary removal of a judge. At the same time, the new framework contains elements of continuity with Ireland’s informal tradition in judicial discipline, since the definition of judicial standards of conduct does not seem to amount to an instance of genuine standardization. By comparing Ireland and Italy’s systems for judicial discipline, the Essay aims at demonstrating that standardization is a less momentous policy in combating judicial misconduct than the fine-tuned allocation of authority over judicial discipline. Moreover, it is further contended that, while a parliamentary power to remove misbehaving judges seems at variance with Italy’s constitutional tradition and recent political developments, the complaints procedure of the Judicial Council Act could beneficially be transplanted into the Italian legal framework.

Keywords

  • judicial discipline
  • judicial misconduct
  • judicial independence
  • Irish judiciary
  • Italian judiciary

Preview

Article first page

What do you think about the recent suggestion?

Trova nel catalogo di Worldcat