Lifting Judicial Immunity: Taking Stock of Responsibilities and Processes in the Disciplinary and Criminal Liability of Judges

Walsh, Jessica (2026) Lifting Judicial Immunity: Taking Stock of Responsibilities and Processes in the Disciplinary and Criminal Liability of Judges. Hague Journal on the Rule of Law (HJRL). ISSN 1876-4045

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Abstract

This article examines the introduction of an explicit recommendation on judicial liability for criminal offences by the OSCE’s 2023 Warsaw Recommendations. It considers how this recommendation on criminal liability intersects with disciplinary liability and judicial immunity to protect both the judicial independence and accountability necessary for the rule of law. The article emphasises the need to maintain clear institutional and decision-making boundaries between disciplinary and criminal authorities to preserve the separation of powers and protect judicial independence. It reviews pre-existing international guidance on the scope of judicial immunity and the circumstances in which immunity may justifiably be lifted. It also explores the relationship between disciplinary and criminal authorities, investigations, and proceedings. Particular attention is given to the procedure for the lifting of judicial immunity, the possible suspension of a judge pending criminal investigation, the sequence of the two processes, the confidentiality of investigations, as well as the disciplinary consequences of criminal conviction. The article also considers the ways in which cooperation between criminal and disciplinary authorities can support anti-corruption efforts noting the need for greater clarity on balancing information-sharing with confidentiality and without jeopardising the separation of powers. The paper concludes with the importance of the functional independence and integrity of any bodies and processes conducting criminal investigations of judges, a consideration which is a hallmark of the Warsaw Recommendations in relation to disciplinary proceedings but it equally important in criminal proceedings.

Item Type:	Article
Uncontrolled Keywords:	Judicial immunity ; Criminal liability ; Judicial independence ; Judicial accountability ; Judicial corruption ; Judicial discipline.
Subjects:	K Law > K Law (General)
Divisions:	School of Law
Depositing User:	Jessica Walsh
Date Deposited:	29 Oct 2026 11:45
Last Modified:	29 Oct 2026 11:45
URI:	https://bear.buckingham.ac.uk/id/eprint/738

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