KELETAS KONSTITUCINĖS KONTROLĖS ASPEKTŲ ŠVEICARIJOS KONFEDERACIJOJE, AUSTRIJOS RESPUBLIKOJE IR VOKIETIJOS FEDERACINĖJE RESPUBLIKOJE

Abstract

This article analyzes the procedure for establishing the institutions of constitutional justice in the Swiss Confederation, the Republic of Austria, and the Federal Republic of Germany, including the requirements for persons seeking to become a constitutional court judge. In addition, not only is the competence of the constitutional justice institutions of the selected countries examined, but also the amount, nature, and duration of the cases examined in the courts in the last year. Finally, the article presents the 24 October 2023 decision of the German Federal Constitutional Court. This ruling reveals the doctrine of impartiality and disqualification of a constitutional court judge, which is relevant not only for constitutional courts, but also for courts of general jurisdiction. The doctrine of the impartiality of judges of the Constitutional Court reveals that the participation of a judge as an authorized representative in a previous procedure on the same legal issues, or their mere participation in the legislative process and the expression of a scientific opinion, cannot by itself raise any doubts about impartiality.