El control del error judicial inexcusable frente a la independencia judicial.

Abstract

Judicial officials need to have both internal and external independence to ensure their performance without any outside pressure or interference, either from other judges and/or officials from the same judicial branch or from other State agencies. The implementation of disciplinary controls have the purpose of determining the necessary guidelines, for public officials, to carry out their activities within a framework of responsibility, which is why a disciplinary regime becomes essential and we must be seen as a mechanism that seeks the improvement of the justice system following due process requirements for those officials who are being investigated. Regarding the control exercised against an inexcusable judicial error, which is one of the most serious misconducts sanctioned with dismissal by the Organic Code of Judicial Function, we find several issues, the first of them being that within our legal framework there is no clear definition of what constitutes a judicial error, much less what an inexcusable judicial error is; therefore when judging whether or not an inexcusable judicial error exist we find that there is not a legal definition or the elements that constitute an inexcusable judicial error.