1In exercising functions under this Part, the High Justice Inspector and the Councils must have regard to and aim at the appropriate balanced application of the following principles:

aThe principle of a fair trial, including taking a decision within reasonable time;

bThe principle of legality, both in the sense that the competent authority has the obligation to investigate where there are sufficient grounds to believe that a disciplinary misconduct has occurred, and in terms of the principle of “no punishment without law”;

cThe principle of accusation in the sense that any state institution or any official must act ex officio and lodge a complaint if there is sufficient evidence to believe that a disciplinary misconduct has occurred;

çThe principle of equality before the law;

dThe presumption of innocence;

dhThe principle of doubt in favour of the magistrate subject to disciplinary proceedings;

eThe principle of proportionality;

ëThe principle of independence and impartiality of disciplinary authorities and of respect for the independence of magistrates;

fThe principle of open justice;

gThe principle of confidentiality and the right to privacy and protection of personal data.

2In balancing the principle of open justice, the principle of confidentiality, the right to privacy, and protection of personal data, the High Justice Inspector and the Councils must have regard, in particular, to:

athe fact of guaranteeing that the integrity and reputation of magistrates is protected against unfounded allegations;

bthe importance of informing the public on proven allegations in respect of the administration of justice.