The bill was adopted by the Senate with 75 to 30 votes and six abstentions. The act sets up the Judicial Inspection, which will operate as legal entity within the High Council of Magistrates (CSM).
The bill had been rejected by the Chamber of Deputies and the Senate had the final say on the matter.
According to the new law, the Judicial Inspection will act independently and will be tasked with checking magistrates’ activity. It will be headed by a chief inspector appointed by the CSM to a three-year term.
The law widens the scope of disciplinary actions.
Failing to observe the decisions ruled by the Constitutional Court and the High Court of Justice, negligence, violating legal provisions regarding incompatibilities are some of the disciplinary breaches stated by the act.
The law states the following disciplinary actions to be taken against judges and prosecutors considering the seriousness of their offence: warning, the reduction by up to 20% of their monthly gross pay for up to six months, disciplinary transfer for up to one year, temporary suspension or exclusion form magistracy.
Disciplinary actions will be taken by the Judicial Inspection, the Justice minister or the president of the High Court of Justice.
On December 20, the law was challenged at the Constitutional Court by opposition social democrats, who argued the act violates several provisions of the Constitution.
On December 15, the CSM called on the High Court of Justice to notify the Constitutional Court regarding the law, which had been adopted by the Parliament on the same day. According to CSM, the law threatens the independence of judges.