PROCEDURAL ASPECTS CONCERNING THE DISCIPLINARY INVESTIGATION OF JUDGES AND PROSECUTORS
PROCEDURAL ASPECTS CONCERNING THE DISCIPLINARY INVESTIGATION OF JUDGES AND PROSECUTORS

Summary/Abstract: The position of the magistrate in society does not exonerate him from the forms of legal liability for the cases in which he violates the law. The magistrate’s disciplinary liability is a form of judicial liability, independent of the other forms, as well as in the common law, the disciplinary liability being direct and personal. The specificity of this form of judicial liability unlike the common law results from the express regulation of the actions representing disciplinary offences (Art. 99 of the Law No 303/20041), from the rules of initiating and conducting the disciplinary procedure, from the authority competent to order and conduct the disciplinary investigation, as well as from the sanctions expressly stated by the special laws.

• Details
• Contents