The application of the general criminal law standards to the system of the judges disciplinary responsibility : the proposal of the ELI standards for judicial independence

This article reviews the possibility of applying the rules of criminal proceedings to judiciary disciplinary proceedings. Especially the question of need of nullum crimen sine lege and non-retroactivity principles in the disciplinary procedures is being answered. According this principles applicability, the distinction between the minor and fundamental offenses is outlined. The problem is envisaged in the context of constitutional and judicial crisis taking place in the European countries. As the point of reference serve the draft European Law Institute (ELI) Standards for Judicial Independence.