Smer chair Robert Fico in the debating chamber on September 13, 2022. (source: TASR - Jaroslav Novák)
The Constitutional Court has ruled that one of the two referendum questions, which the opposition party Smer has wanted to ask in the referendum, goes against the constitution.
“Do you agree that the government of the Slovak Republic should immediately resign?” the party intended to ask prior to the ruling.“Do you agree that the government of the Slovak Republic should immediately resign?” the party intended to ask prior to the ruling.
President Zuzana Čaputová announced in September that she will call a referendum, but it will be up to the Constitutional Court to say if people will answer one or two questions in the referendum, as she expressed her concern that one question could be unconstitutional.
Smer chair and former PM Robert Fico subsequently accused her of thwarting the second referendum in a row. The Hlas party also criticised the president for her decision to turn to the court.
No date announced
However, the Constitutional Court confirmed Čaputová’s concern on October 26.
“The subject of the referendum was supposed to be a de facto order to the government to resign, the Constitutional Court concluding that the subject of the referendum contradicts the principle of the generality of law, the principle of separation of powers, and thus also contradicts the constitution,” the court wrote in its decision about one of the two referendum questions.
Last year, during Fico’s first referendum attempt, the court also ruled that a referendum question was unconstitutional.
The president said on Wednesday that she accepts the court’s decision and will call the referendum as soon as possible – once the ruling is published in the Collection of Laws.
Decision up to people, Fico says
People will thus answer the question concerning a constitutional change that would make it possible to shorten parliament through a referendum or by the voting in parliament.
In reaction to the ruling, Fico again accused the president of preventing the referendum from happening on October 29 when the joint municipal and regional elections are held in the country.
He added that the president protects the current government led by Eduard Heger of the OĽaNO party. The ex-PM is convinced that Čaputová will pick the date on which people are least likely to cast their vote.
“In the end, it is up to people to decide if they want a snap election,” he said.
There has been eight referendums held in Slovakia, but only the referendum on Slovakia joining the EU was valid.
