European experience of applying the criterion of moral qualities of judges of constitutional jurisdiction

Abstract

The body of constitutional jurisdiction is endowed with one of the most important tasks of the state - control over compliance with the Basic Law. The article considers a controversial, evaluative criterion for the selection of members of such a body - high moral qualities. The application of such a criterion is considered both on the example of legislative regulation of European states and on the example of practical application and implementation of this criterion.
 The article provides specific examples of interpretation of the criterion of high moral values ​​by the subjects of such decisions, the conclusions of the European Court of Human Rights in cases of resolving the compliance of officials with the criterion of high moral qualities. It was found that the criterion of high moral qualities is inextricably linked with the principle of independence and comes from the successful principle of non-individual selection of candidates for such positions.
 The article analyzes various doctrinal views on the expediency of normative and legal consolidation of situations that contradict the criterion of high moral qualities, the need to involve the public in the selection of candidates, the formation of a special filtration commission.
 Conclusions were made on the need for an individualized approach to the candidate's admission to a position in a body of constitutional jurisdiction, the introduction of detailed reasoning for each decision, both acceptance and rejection of the candidacy, which will help shape national practices to identify situations that contradict the above criterion. It is not superfluous to turn to the international practice of electing members of bodies required to meet high moral qualities such as the ECtHR, the EU Court, the Inter-American Court of Human Rights, to pay attention to public opinion, public sentiment, as it directly builds trust between society and the activities of a judicial body of this level of importance.