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President: Constitutional Court’s decision to drop my request is serious

THE CONSTITUTIONAL Court is the only entity authorised to provide binding interpretations of the Constitution in disputes between individual state bodies. So it causes concern when it refuses to explain relevant constitutional passages concerning the president's power to appoint Constitutional Court judges.

President Andrej Kiska(Source: Sme)

This was the message from President Andrej Kiska on October 29 via his press office director Roman Krpelan, the TASR newswire reported.

The Constitutional Court announced the day before that it was dropping Kiska’s request to clarify doubts that emerged due to certain contradictions between a judgement announced viva voce by the Court’s third senate on March 17, 2015 and the additional written explanation that the president received two months later.

Read also:Constitutional Court may be blocked

“The president will release a more detailed statement and announce further steps after receiving the written decision of the Constitutional Court and evaluating this situation thoroughly,” said Krpelan, as quoted by TASR.           

Last year the president should have selected three constitutional judges from among six candidates proposed by Parliament. He appointed only one judge, Jana Baricová, however, stating that the remaining candidates did not, in his opinion, demonstrate sufficient interest in constitutional law and the necessary competence. The rejected candidates then complained to the Constitutional Court.

The third senate ruled in case of three petitioners Eva Fulcová, Juraj Sopoliga and Miroslav Ďuriš that the president had violated their right of access to public offices under non-discriminatory conditions. The complaints of the other two judges, Ján Bernat and Imrich Volkai, should have been dealt with by the second senate, but both withdrew their petitions in the meantime. 

This could turn the question about the president’s powers into a long-term legal dispute. The president has not yet received the explanation of the Constitution's rules in this mater therefore he can reject candidates again. Subsequently they can again approach the Constitutional Court, the Sme daily wrote. 

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