Elections have become synonymous with democracy. Elections has two components, they are highly technical and political, and these two elements are closely interdependent. A technically proficient election conducted in a negative political climate will be useless – and on the other side – an environment of political goodwill will not salvage a technically chaotic election.

Discussions in favor and against the right to vote by persons who have suffered imprisonment because of the commission of a criminal offense have been and continue to be widely present both in academic debates and in political discourse. It has already been accepted in the countries with a consolidated democracy that imposing restrictions on the exercise of the right to vote and / or to be elected due to citizenship, age, mental capacity (capacity to act) and residence are widely accepted. But what are these concrete limitations and who can put them in place?

This academic paper deals with the possibility of finding an answer to the question: if we seek to create and preserve an independent judicial body as a major objective in the Rechtsstaat, what procedures and what selection criteria should be used for the judges of the Constitutional Court and the High Court in order to achieve this to the maximum extent?