268. In Colombia, the Council of State (Consejo de Estado) is the highest
court of administrative jurisdiction. It is made up of 27 magistrates, each
chosen by the Council of State itself for individual terms of eight years from
lists of more than five candidates who meet the constitutional requirements for
each vacancy which are sent by the Administrative Chamber of the Superior
Judicial Council (Sala Administrativa del Consejo Superior de la Judicatura).
269. In France, challenges relating to presidential elections, national legislative
elections and referendums are heard by the Constitutional Council. This body
has nine members, three nominated by the President of the Republic and three
nominated by the presidents of each of the two chambers of the legislature, the
National Assembly and the Senate. These nominations have recently become
subject to legislative approval under the Constitution, although as of 2009
the implementing legislation for this change was not yet in place. In addition,
former presidents of the Republic may serve on the Council if they so wish
and if they are no longer involved in politics. The nominated members serve
only one term of office, which lasts nine years. Three of the nine nominated
members are replaced every three years.
270. Designation by the legislative branch, possibly with the participation of
other public bodies, has several different modalities. It is the most common
mechanism used by judicial EDRSs entrusted to regular, constitutional,
administrative or specialized electoral courts as well as by EDRSs entrusted
to EMBs and ad hoc bodies. The procedure for appointing magistrates to
the Electoral Court of Mexico requires a two-thirds majority of the Senate,
electing one from a three-person list proposed by the plenary of the Supreme
Court (Suprema Corte de Justicia) after public advertisement and nomination
hearings. In Guatemala and Peru, the process is entrusted to the Congress but
some professional law associations and universities have participation rights.
In Sweden, Elections Review Council (Valprövningsnämnden) members are
elected by the Parliament, on the understanding that the President should be
a tenured judge.
271. In some countries one or both chambers of the legislature elects or approves
all the members, often acting on a proposal from the head of the state. This
is one of the most common practices around the world. In Kyrgyzstan and
Slovenia, Supreme Court and Constitutional Court members, respectively,
are elected by the National Assembly, having been proposed by the President.
In the Czech Republic, the justices of the Constitutional Court (Ústavní
Soud) are appointed by the President of the Republic with the consent of the
Senate (Senát Parlamentu). This is similar to the US system, in which the
President, with the advice and consent of the Senate through confirmation
hearings, appoints the judges of the Supreme Court. Some US states provide
for the popular election of judges, many of whom serve in first instance courts
for challenges to the results of federal legislative elections.
100