Standardisation and Authority in Judicial Discipline: a Comment on Italy and Ireland’s Experiences

The legislative description of types of judicial misbehaviour and the allocation of authority over cases of alleged misconduct are two of the main features characterizing systems of judicial discipline. While sometimes judicial misbehaviour is only very vaguely defined in the law, in ‘standardised’ systems specific and concrete disciplinary offences are listed by statute. At the same time, legal systems diverge also in allocating authority over judicial discipline, as different constitutional arrangements of the power to remove judges demonstrate. By comparing Ireland’s and Italy’s experiences, the Comment argues that standardisation plays a comparatively less important role in contrasting judicial misconduct than the fine-tuned allocation of authority and, particularly, of the power of judicial removal.