The application of the concept of inexcusable error in the disciplinary regime of the judicial council

Abstract

The disciplinary power within the rule of law is a competence of the public administration, which aims to ensure efficiency in the provision of public service, through the establishment of disciplinary regimes against public servants who by action or omission have adapted their conduct to an administrative offence. The disciplinary regime as such is inherent to any state organization, since it allows correcting misconduct and sanctioning administrative offenses. Therefore, this regime reaches the entire public service of all the functions of the State to guarantee the adequate public administration. In this context, we will analyze the disciplinary regime of the Judicial Function in relation to the cause of inexcusable error in order to determine the elements that constitute this disciplinary offense and its procedure to identify procedural faults, since so far inexcusable error is a figure that has generated controversy in relation to its implications.