Neue Kriterien für die Auswahl von Richtern

The paper aims to present the criteria for judges' appointment from the perspective of strengthening judicial independence. It is the most important value that constitutes the core of adjudication. A judge who is dependent on external (political, economic or media) or internal (court's presidents, administration) pressure is unable to perform his or her duties. For this reason, there is a strong need to think about the process of judges' appointment, including the selection criteria in a way that will lead to strengthening judicial independence. The basis for the analysis was the German and Polish legal orders and the European standards derived from the jurisprudence of the ECHR and CJEU. Although there is no one ideal model of judicial appointments, it is profitable to define the appointment criteria (concerning a need for specialisation, communication, digital and language competencies) in a detailed manner to avoid arbitrary and random appointments. Precision in the selection criteria also reduces the need for the judiciary to participate in the selection process, as this already counteracts the risk of too heavy political influences. In addition, the political situation in any country can change, which can have consequences for interpreting such standards. Undoubtedly, professional competencies for adjudication strengthen judicial independence and confidence in the judiciary. All other criteria relating to candidates' digital, language, and communication skills should primarily be taken into account in judicial training. However, it cannot be ruled out that there will be a need for special branches of the judiciary and potentially newly established courts or senates to attach significant importance to these skills as part of the selection process.