The current judicial discipline system is controlled
by the Consejo de Poder
Judicial who are responsible for investigating reports of
judicial misconduct, and sanctioning it.
However, in practice there are limits to what they
can sanction. Because they are not allowed to interfere with
Judicial Independence, they are
unable to sanction anything which relates to judicial resolutions,
even resolutions which are patently illegal and unjust.
This is explained in a semi-form letter from the Consejo
concerning an illegal seizure of an apartment, done by a judge
with total impunity:
Resolución del Consejo -
So what type of misconduct does the Consejo handle? According
to Articles 417 to 419 of the LOPJ, they handle matters regarding
the judge's attendance, unjustified delays in cases, and matters
between judges not involving cases.