Tra vulnerabilità politica e possibilità di “cattura”: la selezione dei giudici costituzionali nelle esperienze dell’Europa centrale ed orientale

Between political vulnerability and risk of ‘capture’: the constitutional judges’ selection in Central and Eastern Europe

Abstract

Between political vulnerability and risk of ‘capture’: the constitutional judges’ selection in Central and Eastern Europe - After having outlined the role and models of constitutional jurisdiction introduced in Central and Eastern Europe in different historical moments, the paper focuses on a series of cases with different levels of judges’ politicization. These cases range from a real political capture of the courts to a more independent – though not without risks – condition, to finish with a case of a significant international influence on the composition of the constitutional court. In each of the cases examined the outcome depends only partially from the institutional architecture, being highly influenced by the general cultural and political context.

Keywords: Central and Eastern Europe; Constitutional judges’ selection; Constitutional jurisdiction; Court-packing.