PROCEDURE FOR ELECTION TO THE POSITION OF A JUDGE COURT OF JUSTICE OF THE EUROPEAN UNION: POLISH EXPERIENCE

Abstract

The process of European integration in 2022 received a new direction of development – Ukraine and Moldova became candidate states for EU membership. Since the European Union itself and its institutions have dynamically evolved, it is expedient to review and modernize the conclusions drawn up for Ukraine. This caused scientific interest in the Court of Justice of the European Union. Many factors are determined in activity of any judicial instance (national, supranational or international): the legal basis for its creation and functioning, budgetary funding and personnel. The authority of the court and its legitimacy largely depend on the judges who administer justice there. There are two main models of the procedure of national selection of candidates for the position of judge of the Court of Justice of the European Union: traditional and mixed. The Republic of Poland has been a member of the European Union since 2004 and has relevant experience in this matter, using a mixed model. The choice of an example of the Polish procedure for appointing a judge of the Court of Justice of the European Union is also caused by the significant similarity of our legal systems and the procedure for forming the judicial corps in national courts. Based on the analysis of the Polish experience of appointment to the post of a judge of the Court of Justice of the European Union, it is proposed to take into account compliance with the six criteria developed by the commission of the Court of Justice of the European Union when conducting a national competition in the future in Ukraine. Domestic experience in submitting a declaration of integrity, which is used during the selection and appointment of judges in Ukraine, will also be useful. The selection process should be as transparent as possible and its progress should be reflected in the mass media and on the official websites of the government and the relevant minister. Therefore, the position of the corresponding minister should appear in the government, and this will require appropriate legislative work.