Spectator on facebook

Spectator on facebook

Anti-discrimination ruling violates constitutional rights

The Constitutional Court on September 11 upheld the complaint of the Slovak state, represented by the Justice Ministry, that the fundamental right to judicial protection – in particular, the right to a hearing by an independent and lawful court and the right to a lawful judge was not guaranteed in the case involving salary discrimination among Slovak judges.

The Constitutional Court on September 11 upheld the complaint of the Slovak state, represented by the Justice Ministry, that the fundamental right to judicial protection – in particular, the right to a hearing by an independent and lawful court and the right to a lawful judge was not guaranteed in the case involving salary discrimination among Slovak judges.

The class action suit was filed nearly three years ago by hundreds of judges who claimed that the bonuses received by judges of the former Special Court – six times greater than what other judges received – were discriminatory, the TASR newswire wrote. The case wound up before the Constitutional Court after a District Court in Bratislava upheld the discrimination claim of one of the judges, and awarded him nearly €90,000 in compensation in February 2010.

The Ministry of Justice appealed against this decision to the Regional Court in Bratislava and then a series of objections of bias followed. These objections of bias were eventually transferred to the Supreme Court, where its chair decided that all claims of bias will be addressed by a single senate.

The Constitutional Court has now ruled that the rights of the complainant (i.e. the Slovak Republic represented by the Justice Ministry) have been violated.

“It is not admissible that court prevents random allocation of files and vice-versa allows one senate to rule on objections of bias,” explained the judge Milan Ľalík, stressing that it is not in accordance with the Slovak Constitution if judges, who themselves have filed anti-discrimination suits, then decide on the suits.

The panel of the Constitutional Court consisting of justices Ľalík, Lajos Mészáros and Sergej Kohut overturned the resolution of the Supreme Court and returned the case for re-trial citing the basic right for court protection and a lawful judge was violated. Justice Minister Tomáš Borec praised the verdict, according to the Sme daily. Sme also wrote that the Constitutional Court again opened a disciplinary proceeding against Supreme Court Chairman Štefan Harabin. It was Harabin who decided that all complaints of bias against judges who themselves filed lawsuits and judged in similar cases of their colleagues are to be tried by a single senate.

(Source: TASR, Sme)
Compiled by Zuzana Vilikovská from press reports
The Slovak Spectator cannot vouch for the accuracy of the information presented in its Flash News postings.

Top stories

Sagan rewrites history Video

Cyclist Peter Sagan becomes the first man to win three consecutive world championships.

When the state can’t keep a secret

A selective leak has tarnished President Kiska’s reputation. But he must continue to speak out about corruption.

President Andrej Kiska

Námestie Slobody gets facelift Photo

The architectural tender will gather ideas for the redesign of the biggest square in Bratislava

Námestie Slobody will be redesigned into a kind of living room in the city.

Fundamental values explored at Divadelná Nitra 2017

This time round, the Slovak, European and US ensembles at the theatre festival focus on #fundamentals, i.e. basic values and the essence of all things.

Nature Theatre of Oklahoma: Pursuit of Happiness