Slovakia’s Constitutional Court Chief Urges Parliament to Fill Vacant Seat

Bratislava – The head of Slovakia’s Constitutional Court, Ivan Fiačan, made a direct appeal to parliament on Thursday, urging lawmakers to promptly fill a long-standing vacancy on the court. The absence of a full complement of judges, he warned, is hindering the court’s ability to deliver timely justice.

Fiačan traveled from Košice to address members of parliament, emphasizing the critical importance of having all thirteen judges in place. “Even one opinion can change the view of the entire Constitutional Court, and one opinion can strengthen the view of the majority,” he stated, drawing a parallel to the film 12 Angry Men, where a single dissenting juror forces a re-examination of evidence.

The court is currently unable to reach a majority decision – requiring seven votes – in at least two pending cases due to the missing judge. This backlog is growing, with 1,031 cases remaining unresolved at the end of last year, a nine-day increase in average case length compared to 2023. Despite the challenges, the court reported an increase in individual judge productivity, with each judge completing an average of 17 more cases in 2024 than in the previous year.

“I would not like my speech to be perceived as pressure or a reminder of constitutional obligations, of which the National Council is undoubtedly aware,” Fiačan clarified, attempting to frame his intervention as a plea rather than a demand. However, the timing of his address coincides with a contentious debate over a proposed law to dismantle the country’s whistleblower protection office, adding a layer of political sensitivity to the situation.

The vacant seat has remained unfilled for over two years, since Jana Laššáková resigned in September 2023. The subsequent snap parliamentary elections, which brought a coalition government led by Smer, Hlas, and SNS to power, have not yet resulted in a nomination.

The delay has fueled speculation that the ruling coalition may be strategically holding the position open for a candidate aligned with their political interests. Names circulating in the media include Marek Para, a close advisor to Prime Minister Robert Fico, and lawyer David Lindtner, also a Fico confidant. There has also been suggestion that the position is being reserved for current Prosecutor General Maroš Žilinka, whose term ends in 2027.

Fiačan previously addressed parliament on the issue in 2019, hoping then that the situation would not recur. Under Slovak law, the parliament must propose two candidates to the President, who then selects one to appoint as a Constitutional Court judge.

The situation is further complicated by the impending end of Judge Jana Baricová’s term in 2026. However, a constitutional amendment passed in 2020 allows her to remain in office until a replacement is appointed, preventing a complete standstill but exacerbating the existing strain on the court’s resources.

Recent public disagreements between Žilinka and the governing coalition have added another dimension to the debate, with both sides leveling criticism and accusations of political interference.

Fico himself was once a candidate for a position on the Constitutional Court in 2019, but ultimately withdrew his nomination after returning to parliament and assuming the role of Prime Minister.

Why This Matters

The functioning of a robust Constitutional Court is vital for upholding the rule of law and protecting fundamental rights in any democracy. Prolonged vacancies undermine the court’s authority and its ability to provide timely and effective judicial review, potentially leading to legal uncertainty and erosion of public trust. The situation in Slovakia highlights the importance of political consensus in ensuring the independence and effectiveness of judicial institutions.