Appointment of the Constitutional Court Justice: Some Issues

Abstract

This article analyses important issues brought up in public regarding one of the constitutional institutions – formation of the Constitutional Court. At the outset, the article looks at the models of accessing the position of the Constitutional Court justice, their weaknesses and also responsibility of persons engaged in the appointment of justices. Challenges of parliamentary procedures are also discussed, especially considering that the platform e-Saeima was used as the voting platform to appoint the justice. The article also reflects a debate on whether a Constitutional Court justice can be appointed only once in a lifetime, keeping in mind the recent amendments to the Constitutional Court Law, including reappointment mechanism if the judge has had to leave the position before expiration of 10 years’ mandate. Finally, the article analyses the role and meaning of decisions made by a special institution – Judicial Council – when appointing the Constitutional Court justice.

Keywords

• justice
• appointment
• Constitutional Court
• Saeima
• Judicial Council