Judicial discipline: different approaches in five EU member states

The growing expansion of judicial function in modern democratic societies has stressed, among other things, the need for more effective guaranties of independence and standing of the magistrates. The interest in judicial discipline and ethics has therefore increased and they have become more compelling and challenging issues than in the past. One of the most important challenges is to develop mechanism of liability that do not undermine judicial independence. The chapter analyses some initiatives that were undertaken in the areas of judicial ethics and discipline. The common need was to better define and enforce the rules of judicial conduct, as suggested by the European Council, but the paths followed and the consequent outcomes are quite different.