Are Judges Politicians in Robes? Comparative Aspects of the Recruitment and Election of Judges in R Böttner and HJ Blanke (eds), The Rule of Law Under Threat: Eroding Institutions and European Remedies (Edward Elgar 2024) 99–131

Abstract

The authors engage in discussions on the process of nominating judges in the context of their potential political role. The chapter delves into the intricacies of judicial appointments in the contemporary state, with a specific focus on both general jurisdiction and constitutional courts. The authors argue that when searching for the best method to appoint regular and constitutional judges, it is crucial to broaden the focus beyond the formal appointing body. Instead, they suggest examining the entire decision-making process. For judges of general jurisdictions, the authors highlight the significance of involving independent bodies that include not only judges but also laypersons or representatives from various legal professions. In the case of constitutional judges, after analysing different appointment models, the authors propose reinforcing both the role of the parliamentary opposition and considering the delegation of the appointing function to various bodies, such as judicial councils or ombudsmen, with a particular emphasis on their more active participation in the nominative process.

Keywords: judges, judicial appointments, constitutional courts, judiciary, judicial recruitment, politics