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Burdin D.A. Modern models of selection and appointment of the judiciary in foreign countries

Published in journal "Law and Politics", 2015-3 in rubric "JUDICIAL POWER", pages 368-372.

Resume: The subject of this research is the modern foreign systems of formation of the judiciary. The national models of recruitment of judges differ in their methods, criteria and the stages of selection of candidates for vacant judicial posts. Their features were formed as a result of historical development, and depending on the constitutional order, the territorial structure of the country, socio-cultural and economic context. Political, legal and scientific challenge is to identify the most perfect system of selection and appointment of judges, which would ensure the appointment of judges from the best available candidates. This work deals with the classification of modern models of recruitment of judicial personnel. As a classification attribute, the author examines the established system of methods of selection and appointment of judges. Among the conclusionsis the factthat the merit selection is the predominant type of formation of the judiciary in the modern period compared with the election of judges. The paper traces the evolution of methods of formation of the judiciary in the United States. It is argued that most European countries use a system of competitive selection of judges on the basis of merit. An analysis of existing practices identified a number of problematic issues that require further modification of competitive selection models, including those associated with the definition of competitive selection criteria and processes for their expert evaluation.

Keywords: best practices, models, candidate for the post of judge, criteria for selection, method, formation of the judiciary, merit selection, competitive selection, election of judges, appointment of judges

DOI: 10.7256/1811-9018.2015.3.14433

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