Constitutional Court decides that initiation of disciplinary proceedings against judge by Minister of Justice does not contradict Constitution

In its Decision No SDVo-1709 of 17 January 2024, the Constitutional Court, touching upon the constitutionality of the power of the Minister of Justice to institute disciplinary proceedings against a judge, decided that this power is in compliance with the Constitution. The Court stated that the involvement of the Minister of Justice, as the body authorised to institute proceedings, in the disciplinary proceedings against a judge does not contradict the constitutional principle of separation of legislative, executive, and judicial powers. In the mentioned Decision, the Constitutional Court stated that the Minister of Justice, having no systemic or corporate ties with judges, may act as an institutional entity complementing the work of the Ethics and Disciplinary Committee. Therefore, the powers of the Minister of Justice, as provided for by the challenged norm, may effectively complement the system for instituting disciplinary proceedings against judges by identifying potential cases of prima facie unlawful behaviour which is involving matter of disciplinary liability.