How future Constitutional Court judges will be selected. Parliament changes rules

The process for selecting candidates for the position of Constitutional Court judge will become more transparent, with clear rules for Parliament, Government and Superior Council of Magistracy, public consultations and mandatory integrity checks. The procedure will begin three months before the expiration of a judge’s mandate, and information about the candidates will be made public. A bill to this effect was approved by Parliament in first reading.


“The purpose of the bill is to strengthen the transparency of the process for appointing candidates to the position of Constitutional Court judge. To this end, the bill proposes establishing basic procedural rules to be applied uniformly by Parliament, Government and Superior Council of Magistracy, with each authority independently conducting the selection procedure and adopting the appointment decision within the limits of its constitutional and legal powers,” said Veronica Roșca, chair of the legal committee on rules and immunities, while presenting the report.


Under the bill, the three authorities will have to organize the selection procedures on the basis of objective criteria. Each authority will publish on its official website an announcement regarding the launch of the procedure, the requirements for candidates and the deadline for submitting documents.

Mandatory stages will include public consultation and the verification of the candidates’ integrity. Their CVs will be published, while civil society, the media and other interested parties will be able to submit documented information regarding the candidates’ eligibility, any potential incompatibilities or their integrity.

The procedure will also include interviews with the candidates, and the final results will be published on the website of the institution that conducted the selection.

Veronica Roșca noted that the bill also provides for changing the deadline for appointing a new judge in the event that a mandate ends prematurely.


“The bill provides for changing the deadline for appointing a new judge, in the event that the mandate ends prematurely, from 45 days to three months from the date of notification. The adjustment is intended to align this provision with the deadline established for the selection procedure and to ensure sufficient time for preparing the appointment act,” the chair of the Legal Committee explained.


The legislative initiative was drafted after the Venice Commission adopted an opinion on legislation concerning the Constitutional Court and takes into account the recommendations of European Commission experts.

The Constitutional Court consists of six judges, appointed for a six-year term. Two judges are appointed by Parliament, two by the Government and two by the Superior Council of Magistracy.

The bill amending the Law on the Constitutional Court is to be considered by Parliament in second reading.