La elección de los jueces constitucionales por los poderes del Estado y la preservación de la necesaria independencia
Although not a new issue, the situation of judicial independence in Europe has attracted unusual attention. The appointment of constitutional judges has provoked intense political debates, even calling into question the independence of the court and the separation of powers. Despite the fact that th...
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| Format: | Article |
| Language: | Spanish |
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2023
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9005647 |
| Source: | Estudios de Deusto: revista de Derecho Público, ISSN 0423-4847, Vol. 71, Nº. 1, 2023, pags. 229-263 |
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| Summary: |
Although not a new issue, the situation of judicial independence in Europe has attracted unusual attention. The appointment of constitutional judges has provoked intense political debates, even calling into question the independence of the court and the separation of powers. Despite the fact that the intervention of the powers of the State in this election should be a sufficient guarantee to ensure due compliance with democratic values and principles, as well as to provide the institution with the necessary legitimacy, we have been witnessing, for years, a greater difficulty in avoiding the influence of political forces in the appointment of these judges. For this reason, and for the sake of preserving the rule of law, it is very necessary to insist on the conviction that the technical-legal element should take precedence over political considerations when applying the requirements and demands set forth in the different legal systems.
Received: 21.04.2023Accepted: 13.06.2023 |
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