The Appointment of Constitutional Judges: a Proposal for the Constitutional Reform

Authors

  • Germán Fernández Farreres

DOI:

https://doi.org/10.18042/cepc/redc.105.01

Keywords:

Constitutional Court, constitutional judges, appointment procedure, term of nomination, delayed nominations, individual designation

Abstract

The deep crisis of the Constitutional Court, forged over the years 2004-2010, has highlighted the urgent need for a new regulation of the procedure of appointment of the constitutional judges. In this paper it is proposed to individualize the appointment, case by case, as vacancies happen. This would make respect the term of office, all the intricate system of re-election would be avoided and it would also dispense prorogations. Moreover, it might help rectifying pernicious political practices followed in the appointment of constitutional judges.