Nomine, rapporti con i poteri politici e legittimazione delle Corti costituzionali: esperienze di Civil Law

Appointments, Relations with Political Powers and Legitimation of Constitutional Courts: Civil Law Cases

Abstract

Appointments, relations with political powers and legitimation of constitutional courts: civil law cases - The article provides a comparative assessment of elections and appointments of Constitutional Courts belonging to Civil Law jurisdictions, namely, Austria, Belgium, Germany, Italy, Portugal, and Spain. It elaborates an original taxonomy of the different mechanisms and focuses on specific “minor” elements that shall not be underestimated, such as prorogatio, selection of the chief justice, or control of the requirements. It examines from a comparative perspective the major issues related to the parliamentary election of justices (delays and political partitions), election by the judiciary, cooptation, and presidential appointment. Adopting such bottom-up approach, it addresses whether praxis counts more than formal rules.

Keywords: Appointments of constitutional courts; Civil law; Legitimacy; Politicization; Taxonomy.