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Constitutional Court should still be able to decide case despite objections
19 Mar 2013 Flash News
The decision in the protracted case of President Ivan Gašparovič’s refusal to appoint general-prosecutor-elect Jozef Čentéš should be solved in spite of the many objections against most of the justices of the Constitutional Court who would decide in the case and the objections filed by both sides.
The daily Sme quoted the chairperson of the Constitutional Court, Ivetta Macejková, as having admitted “possible procedural complications” on Monday, March 18, but added that this should not render the Constitutional Court ineffective with regard to the case. She did not reveal, however, specifically how the justices would be chosen to rule in the case, given that 11 out of 13 justices have been excluded due to objections from one of the two parties. Currently, two justices remain - Macejková and Marianna Mochnáčová - and panel to decide such cases must have three members.
This situation is unprecedented in the Constitutional Court’s two decade-long history, Sme wrote in its March 19 issue. In these cases, the court must see to it that the balance between an individual’s right to an impartial trial and the principle of banning the refusal of a justice is maintained.
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