THE PROCEDURE FOR THE FORMATION OF CONSTITUTIONAL CONTROL BODIES IN THE MEMBER STATES OF THE EUROPEAN UNION: THE FOCUS OF COMPARATIVISM

Abstract

Within the framework of the proposed article, the order of formation of constitutional control bodies within the framework of the member states of the European Union is investigated through the prism of comparison. The constitutional norms regarding the formation of courts of constitutional jurisdiction of such member states of the European Union as Spain, Italy, Germany, Portugal, France, that is, those countries that play a leading role in the system of European integration, were taken as a basis. The process of forming constitutional control bodies in the member states of the European Union is aimed at avoiding external control over the constitutional court and aims to form the impartiality of the judges themselves in relation to all factors other than the tasks facing them. The purpose of the study is to analyze the existing types of composition of the constitutional court in European countries and to study the role of powerful and political subjects in the formation of the constitutional court. The authors reached an agreement on the procedure for the formation of constitutional courts in the EU member states and, in accordance with the content of the publication, divided them into four groups based on the subjects of formation. The authors distinguish between the level of powers of the constitutional courts in the analyzed constitutions of the EU member states and demonstrate their differences against this background. Among them are the constitutions of Eastern European states, in which the body of constitutional control is one of the most important state and political institutions, as it has the right to interpret the constitution, exercise control over the conformity of normative legal acts of the country’s constitution, and resolve disputes about the constitutionality of the activities of political parties or other public bodies, unions, to make decisions regarding impeachment proceedings. In the conclusions, it is noted that the leading factor in the formation of the judicial corps in the EU member states is the consideration of high professional standards and standards of personal behavior of candidates for positions.