Procedures and conditions for the selection of the constitutional court judges in the post-Yugoslav states

Abstract

This article systematically analyzes the procedures and conditions for the selection of the constitutional judges in the legal systems of the six post-Yugoslav states. Yugoslavia was the only post-socialist state with constitutional courts within its federal system, far before the transition occurred. Consequently, each constitutional court in the post-Yugoslav area had more than a half century-long tradition of constitutional review. However, it is the period after the democratic changes that is at the centre of our examination. The legal provisions of the six states are analyzed separately and then compared with prominent comparative examples. The procedure and conditions under which the constitutional judges are selected are in the focus and cause this issue to contribute the most to the so-called input legitimacy of the constitutional courts. Hence, the article attempts to shed light on the weak points in the current provisions and to propose a more suitable legal framework.