Appointment of constitutional judges. A comparative law perspective
Appointment of constitutional judges. A comparative law perspective

Author(s): Marieta Safta
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: constitutional courts; the appointment of the judges; independence of justice; rule of law;
Summary/Abstract: Given the role of constitutional courts essentially expressed by the idea of guarantors of the supremacy of the Constitution, the independence of these courts is crucial for a genuine democracy. In this context, the appointment of constitutional judges is a topic for debate by academia and legal practitioners, on the one hand, and politicians, on the other hand. Foreshadowing a broader analysis of the issue of the independence of constitutional courts in the Kelsenian model, this Communication addresses the issue of the appointment of constitutional judges, with special reference to the European frame of reference. Taking into account the rather heterogeneous nature of the regulations are highlighted elements that will ensure to a large extent the desideratum of independence and public trust in constitutional justice. For a clearer identification of these elements, the analysis is structured in the sense of the distinct presentation of the authorities that make the appointment of constitutional judges, the procedures of appointment, and the necessary conditions for the position of constitutional judge. The conclusions section proposes a set of good practices regarding the appointment of constitutional judges.

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