The plenary session of the Constitutional Court ruled on Wednesday, June 5 in a closed session to suspend the amendment to the law concerning its operation, the TASR newswire wrote. The Sme daily wrote that a motion to suspend the amendment was initiated by opposition MPs and accepted by the court. According to an unnamed source quoted by Sme, the amended law was suspended so that further changes could be made to it.
The amendment, which was passed on April 30 and signed into law by President Ivan Gašparovič on May 20, was meant to end the stalemate at the Constitutional Court, caused by complaints of bias filed by both parties in the conflict surrounding the non-appointment Čentéš by Gašparovič. Čentéš contested the president’s refusal to appoint him at the Constitutional Court, where the appeal became mired in numerous complaints of bias issued by both Čentéš and Gašparovič against various justices of the Constitutional Court.
Smer passed the amendment that effectively allows the case to be handled by the first panel of judges assigned to it. The amendment, which foresees the implementation of the doctrine of necessity based on the so-called Bangalore principles of judicial conduct, will make it possible for judges who are otherwise excluded from deciding on a given matter to pass judgment if inactivity on the part of the court would lead to a denial of access to fair judicial treatment.
Sme failed to get an official statement on the suspension of the amendment from the spokesperson of the Constitutional Court, Anna Pančurová.
(Source: TASR, Sme)
Compiled by Zuzana Vilikovská from press reports
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5. Jun 2013 at 14:00