Representatives of the judiciary, legislative and executive branches of government were familiarised with the key recommendations of the Consultative Council of European Judges (CCJE), set out in Opinion No. 27 (2024) on the disciplinary liability of judges, as well as the OSCE Office for Democratic Institutions and Human Rights’ (ODIHR) Recommendations on Judicial Independence and Accountability (Warsaw Recommendations) 2023.

The recommendations were presented during a roundtable discussion on 14 March 2025.

The CCJE's opinion concerns the standards of disciplinary liability of judges and their impact on the independence of judges.

The key recommendations of the CCJE include:

• Independence of the court for disciplinary proceedings

Judges facing disciplinary charges should have the right of access to an independent court or body established by law, in accordance with Article 6 of the Convention

• Clear definition of disciplinary liability

The scope of disciplinary liability should be clearly defined in order to comply with the rule of law. The law should specify, as far as possible, the grounds on which disciplinary proceedings against judges may be initiated

• Protection of the rights of judges

The legitimate exercise of a judge's legal rights should not be a ground for disciplinary action. A judge's decision, including interpretation of the law, assessment of facts or weighing of evidence, should not lead to disciplinary liability, except in cases of malice, wilful neglect of duty or serious misconduct

• Review and appeal

Judges should have the opportunity to participate effectively in disciplinary proceedings against them and should have legal protection. They should have the right to appeal against disciplinary decisions and sanctions

• Proportionality of sanctions

Disciplinary sanctions should be clearly defined in the law, easily accessible and listed in an exhaustive list. Any disciplinary sanction imposed on a judge should be proportionate. Dismissal of a judge should be a last resort in exceptionally serious cases

The Warsaw Recommendations 2023 are an important complement to the Kyiv Recommendations 2010 on the independence of the judiciary, expanding and updating the principles of judicial independence in line with modern challenges.

Key aspects of the Warsaw Recommendations:

• Judicial ethics and integrity: Increased emphasis on judicial conduct to maintain public trust in the judiciary
• Disciplinary liability: A more detailed framework to ensure proportionality, transparency and fairness of sanctions against judges
• Gender equality: A comprehensive approach to ensuring equality in the judiciary as an integral part of the independence and effectiveness of the judiciary
• New forms of pressure: Consideration of digital harassment and social media attacks that require additional protection measures
• Technology and digitalisation: Ensuring that the introduction of new technologies in judicial processes does not compromise the independence of the judiciary

The text of the CCJE’ Opinion and the Warsaw Recommendations is available in English here:

 Opinion of the Consultative Council of European Judges

 Warsaw Recommendations

The Ukrainian version of the Opinion and the Warsaw Recommendations will be published shortly.

 The broadcast of the roundtable is available here: https://www.youtube.com/watch?v=O_GbQDHpbPI

The event was organised by the Supreme Court in cooperation with the OSCE Support Programme for Ukraine within the framework of the Project “Assisting Supreme Court and Higher Courts in Implementing Judicial Reform and War-related Justice” and the Council of Europe Project “Support to the functioning of justice in the war and post-war context in Ukraine”.