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Universul Juridic magazin

Comparative analysis between the disciplinary liabilty of the bailiffs and the disciplinary liability of judges

The need of a comparative analysis between the disciplinary liability of bailiffs and the disciplinary liability of judges needs to be made for the following reasons: the primordial roles that each of these two categories has in the two phases of the civil trial (the judge in the first phase, the bailiff in the second one); the fact that both categories of judicial bodies carry out a service of public interest; public authority acts are issued in both cases, as well as the fact that the activity of judges and of bailiffs are carried out with strict compliance with the principles of independence and impartiality. In this matter, there are considerable differences in the number of disciplinary misconducts regulated in case of judges compared to the number of disciplinary misconducts regulated in case of bailiffs, the procedure of disciplinary investigation in case of both categories as well as regarding the un‑registration of disciplinary sanctions. However, the existing differences concerning the disciplinary sanctions that can be applied, the holder of the right to disciplinary action, the term in which this can be carried out and the procedure for solving the disciplinary action also cannot be overlooked.