A small storm is brewing at the Judiciary Council. The new government of Robert Fico last week replaced three of the 18 members.
Now what is the Judiciary Council?
It is not a court. The council was created in 2002 as a buffer between the courts and the other branches of government. It was intended to protect the courts from political and other influences.
The council has 18 members, who are appointed by the three branches of government: judiciary, legislative and executive. So nine are proposed by the courts; three by the National Council, the parliament; three by the president; and three by the government of the day.
These are the three positions where the Fico government has proposed new members. So this is within their remit. The question is whether members can be replaced before the end of their term, for any reason.
In the view of the current government, yes. But two of three members who were replaced have filed protests with the Constitutional Court; and the president of the entire council, Jan Mazak, today entered the debate and said the statutes do not allow members of his council to be replaced at any time.
The Ministry of Justice said the reason for their dismissal was absence of trust, and said that Mazak in the past has agreed this was within the legal boundaries.
Mazák today emphatically disagreed. He pointed out that in 2020 he addressed a letter to the Minister of Justice, in which he opposed a draft law allowing the removal of a member of the Judicial Council at any time.
„During the preparation of the European Commission's report on the state of the rule of law in Slovakia, between 2020 and 2023, I still spoke against the possibility of recalling a member of the Judicial Council at any time," explained Mazák in a statement on the institution's website.
Also today, the Association of Judges of Slovakia expressed the opinion that the dismissal of members of the Judicial Council without giving reasons is inconsistent with European standards.
To be continued...
(TASR, HN)
