VIA IURIS: The election of constitutional judges – incomprehensible hazard with the protection of citizens’ rights

Members of Parliament failed to select a required number of nominees for judges of the Constitutional Court in the third round. Out of 24 candidates, ten could have been certainly elected, however, MPs have only managed to elect four; Pavol Boroň, Martin Vernarský, Marek Tomašovič and Patrik Palša. Constitutional Court continues to be unable to decide the most controversial matters – on the illegality of laws or validity of election results. Moreover, the hold-outs continue to prolong in the issues concerning the protection of citizens’ rights.

Parliament could have elected its nominees out of 50 candidates, and it has already held six votes within three election rounds. Undoubtedly, MPs had an opportunity to choose their nominees from a pool of high-quality candidates, which were effectively reapplying for the election in each round. There was plenty of time and opportunity to discuss and settle on the nominees.

“We do not understand the reason that prevents a part of the MPs to elect sufficient a required number of candidates for judges of Constitutional Court. Considering these circumstances, we need to ask for the reason why they are obstructing the vote. It is an extraordinarily irresponsible attitude, that a part of the MPs has in respect to the process, and it is also a serious threat to citizens’ rights and the rule of law. It is unacceptable not to elect a required number of nominees given the urgency of this situation, remarked Kristína Babiaková, an attorney-at-law collaborating with VIA IURIS.

For the most recent information about the Constitutional Court of the Slovak Republic and the election of candidates for judges of the Constitutional Court, please visit

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