Disciplinary proceedings against judges must be based on the rule of law and carried out in accordance with certain basic principles aimed at safeguarding judicial independence. International standards and the jurisprudence of regional courts and independent advisory bodies provide that: (a) the disciplinary procedure should be established by law; (b) the behavior that may give rise to disciplinary liability should be expressly defined by law; (c) disciplinary proceedings should be adjudicated by an independent authority or a court; (d) the disciplinary procedure should afford adequate procedural guarantees to the accused judge, and the decision of the disciplinary authority should be motivated and subject to review by a higher judicial authority; and (e) sanctions should be previously established by law and their imposition should be subject to the principle of proportionality.
UN Rapporteur García-Sayán's Presentation