What is the Judicial Ethics Committee?

It is a body established following the adoption of the Principles of Judicial Ethics to give guidance on the interpretation of these principles by providing opinions and reports in response to consultations.

It is comprised of six members of the legal profession directly appointed by the whole profession, who in turn appoint another non-judicial member, an academic expert in Ethics or Philosophy of Law.

The confidentiality of consultations is guaranteed and all opinions given and contained in reports are for guidance purposes only.

It works independently of the judiciary’s governing bodies, although the General Council of the Judiciary must ensure that the Judicial Ethics Committee has adequate resources and means to fulfil its objectives.

The actions of the Committee may not interfere in the exercise of disciplinary power or in the determination of the civil or criminal liability of judges. The activity of the Committee will also not serve as a reference or complement in actions designed to resolve civil, criminal or disciplinary liabilities, save where it is to the benefit of the interested party.

Organic Law 4/2018 of 28 December, amending Organic Law 6/1985 of 1 July, on the Judiciary, introduced a new rule 24 into Article 560, which states:

“Article 560.

1. The General Council of the Judiciary possesses the following powers: […]

24. To compile and update the Principles of Judicial Ethics, to disseminate them and to promote them among other national or international judicial entities or organisations.

Special advice for judges and magistrate judges in matters of conflicts of interest, and other integrity-related matters.

The General Council of the Judiciary shall ensure that the Judicial Ethics Committee established to that end has adequate resources and means to fulfil its objectives.”