recusie

Recusie is a legal mechanism used in certain jurisdictions to challenge the impartiality of a judge or other decision-maker in a case. The term is common in languages such as Dutch and Romanian, where it refers to a formal request that a member of the court or tribunal be disqualified from participating in a matter on grounds of bias or conflict of interest. In English-speaking contexts, the comparable concept is often described as recusal or a challenge to impartiality.

Grounds for recusie typically include actual or perceived bias, a personal or financial interest in the outcome, prior involvement in the case, close relationships with parties or counsel, or other circumstances that could reasonably lead a reasonable observer to doubt the official’s neutrality. The aim is to preserve fairness by ensuring the decision-maker can adjudicate without improper influence.

The procedure for raising recusie varies by jurisdiction but generally follows a formal process during the proceedings. A party must file a motion or objection and present factual grounds for the challenge. The decision may require supporting evidence, such as affidavits or sworn statements. The court or an independent body will then assess whether there is sufficient doubt about impartiality and decide whether to disqualify the official or to proceed with the current official.

If the challenge is granted, the official is replaced, and the case continues under a different decision-maker. If denied, the proceedings proceed with the original official, though some systems allow a limited right to appeal the ruling on recusie.

Recusie procedures and terminology differ across legal systems, reflecting variations in rules of judicial ethics and conflict-of-interest standards.