Izbor sudija ustavnih sudova u Sloveniji i komparativno
Election Of Judges Of Constitutional Courts In Slovenia And Comparatively

Summary/Abstract: The election systems of the constitutional court judges are very diverse; therefore it is impossible to talk about an optimal, prevailing or even unified system. In some places the election priority is given to the legislative body, in other places the election priority is given to the head of state and quite regularly it is given to the organs of both or even all three branches of authority. In the Republic of Slovenia, nine Constitutional Court judges are elected by the National Assembly on the proposal of the President of the Republic for a term of nine-year mandate, without a possibility of re-election. The election system in question has been a subject of critical consideration of both professional and political public ever since the adoption of the new constitution. The fundamental disapproval of this arrangement is that it enables excessive politicization of the selection process since all constitutional judges are elected by the parliament and in addition, an absolute majority vote of deputies is sufficient for the judges to be elected. The Constitutional Court, as an individual and independent constitutional organ outside the classical three-branch authority, would significantly benefit with the kind of election method, or appointment of the constitutional judges, that would allow all three branches of authority (the legislative body, the executive body and the judicial body) to “co-design” the composition of this Court. The introduction of this kind of combined system and appointment of the constitutional judges was rejected. Likewise, the proposal for prescribing two-thirds of majority vote instead of the absolute one for electing the judges in the National Assembly, was rejected as well.

• Details
• Contents