Monday , June 14 2021

Publicist Hrabko: The president may appoint up to six constitutional judges from six candidates

Up to nine of the 13 judges of the Constitutional Court of the Slovak Republic ended their term on February 16th. If no new judges are appointed in their place, the Constitutional Court with four judges will no longer be able to take decisions in plenary because such a decision requires at least seven judges.

Parliament must select from the fourteen nominations eighteen candidates for judges, and President Andrew Kishka has to choose nine of them for appointment. As there is no final agreement to support candidates in parliament, President of the National Council of the Slovak Republic, Andrei Danko, proposed that Parliament should elect at least six out of eighteen candidates, allowing the president to appoint three judges needed for the plenary sitting The Constitutional Court.

Juraj Hrabko

Source: TASR / Štefan Puškaš

But, according to Hrabb, it is also not easy. Andrei Danko, in a TV interview, said that the parliament would only select six candidates for three of them and decide at least in the plenary of the constitutional court. But if only six candidates were elected by Parliament and Andrei Danko would send this resolution to the president, he has three options, " says a publicist.

"First, wait for the President to hand the others to the eighteen candidates and then decide which of the nine judges he has appointed. But she has no opportunity to return Parliament's resolution to an end, as some media write. The second option is to choose from these six three to make the plenary hall of the constitutional court at least as functional. But in my opinion, he can also list all six nominees. "Hrabko said.

Asked whether the six-party candidate would be virtual, he tells us that the president has the right to vote out of 18 candidates and can not help if Parliament has given him a smaller number. "It is always better if the Constitutional Court has ten judges than just seven, but it is not his fault that the Parliament will only give him six candidates, and then I would be curious if someone else's behavior by Andrei Kisk attacks the Constitutional Court, because they will have to decide in the ten-member court and those six. He added.

Parliament's plenum, according to Hrabb, has to choose candidates for judges from the Constitutional Court of all 40 candidates, 39 recommended by the Constitutional Committee of the National Council after the appointment of the candidates, and Robert Fitch, to whom the committee did not take a stand. Hrabko disagrees with the view that the committee should decide on each candidate and therefore have to vote again for Robert Ficus. "The Committee also voted in favor of a negative opinion. The fact that the commission has reached a dead end is the free exercise of the mandate of each member state. Parliament's plenary will definitely decide. If it decides unlawfully, any candidate for the function of a constitutional judge has the opportunity to turn to the court. " – said a publicist.

The right decision of Sakova

Interior Minister Dennis Sakova's decision to end the co-operation with his adviser, former police chief Tibor Gashpar, to the case of the alleged scandal of investigative journalist Jan Kuchak in 2017, was rightly appreciated by Juraj Hrabka. The current head of the Financial Intelligence Unit and former director of the Support for Governance Department, Pavol Voroev, has condemned that Tibor Gashpar has released journalist Jan Kuchak in the autumn of 2017. Gashpur denied this and filed a criminal complaint.

"We do not know which of the two masters is right. This is a claim against the claim. It must be investigated by the responsible. "Hrabko said. The very fact that police are investigating a journalist who writes about organized crime, he says, may or may not be a problem. "Journalists are not superfluous, they can polish their policemen, that's good. This is for what reasons and who was then familiar with the lustration results. But this must be the subject of an investigation. he said. "It is true that the Minister has interrupted or discontinued the cooperation, apparently by mutual consent." There is serious suspicion, and while being investigated, it is good to be without his adviser. Hrabko is over.

Information leak

He briefly commented on the fact that the police began prosecution on the matter of preparing the assassination of lawyer Daniel Lippsic and prosecutor Maroš Jilinka. Lipsic, as a lawyer, is the victim of the murder of Jan Kuchak. "I think Daniel Lipsic will no longer be able to represent the family. Such suspicions have already been altered before being officially investigated. Let's see how it will end or really do it. It may be just some way to escape to prevent Daniel Lipsic from representing the family. " "said Hrabko.

From a secret investigation to the killing of Yana Kucak, according to Hrabka, mass information avoided the media, but there is no reason to suspect it by Daniel Lippsic. "There is a problem that avoids. The prime minister must pay attention to the situation and not encourage anyone to disclose the information. The media publish the information and the problem is how they get to it. The prime minister may turn to the prosecutor's office, or if the information escapes from the police sources, let the minister execute the order. "Hrabko said.

"This is a serious problem, we can not even judge whether the information that has expired from the file is true and does not deal with some games. And we do not know if the media is manipulating, not just publishing something. We will see if the information will escape further as far as it will be. Hrabko is over.

Danka's voters can also reinforce Harbin

In the discussion he also answered how he would influence the decision of the Slovak National Party not to give preference to candidates who are candidates for presidential elections. "We will see it in other studies." Focus's latest study was irrelevant as it was Andrey Danko, his numbers had to be redistributed, we would see where – Hrabko said with the fact that Danko's original voters could also strengthen Stefan Harabin and Marian Kottleb, not just coalition candidates.

"At this point I can not imagine that SNS will support someone in the first round. Perhaps they allow voters to decide what they want. This certainly confuses the situation earlier in the second round than in the first, " Hrabko is over.

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