Європейський досвід добору суддів органів конституційної юрисдикції

The article provides a comparative legal analysis of the formation of constitutional jurisdiction bodies in European countries, procedures for selecting their members, and the requirements for candidates aspiring to be constitutional court judges. Research indicates that European countries implement both American and European models of constitutional review. The only notable exception is the Kingdom of the Netherlands, which lacks a body of constitutional jurisdiction due to constitutional prohibitions against reviewing laws for compliance with the Constitution and assessing constitutional adherence in treaty-making processes. It has been established that in European countries, constitutional courts can be composed through appointments made by the head of state, the parliament, or a combination thereof, categorized as follows: a) jointly by the head of state, parliament, and judiciary; b) jointly by the head of state and parliament; or c) jointly by heads of state and parliament (Principality of Andorra). Greece and Luxembourg form another distinct group, where constitutional courts are uniquely composed of acting heads and judges from the highest courts within these countries. The research demonstrates that the appointment system for judges in constitutional jurisdiction bodies varies: some judges are appointed directly without a voting procedure, others through electoral processes, and still others via a mixed system – a hybrid between election and direct appointment – which is the most prevalent approach across Europe. It was found that candidates for constitutional court judges in most European countries must generally possess advanced legal education and substantial professional experience in law (such as judges, prosecutors, attorneys, notaries, law professors, or educators), or specific experience in public administration or local government. Additionally, recognized expertise in constitutional law, human rights, or related legal fields is highly valued. In certain European countries, legislative requirements explicitly stipulate that candidates must demonstrate high moral standards or an impeccable reputation, proficiency in a particular language (particularly relevant in multilingual societies or proficiency in the official state language), and citizenship. Furthermore, the political neutrality of constitutional judge candidates is an essential criterion in various countries. Notably, Poland emphasizes historical «purity» as a qualification, a factor suggested for legislative adoption in Ukraine as well.