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Does a constitutional loophole forestall motion?

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Does a constitutional loophole forestall motion?

The creator is a former president of the Constitutional Court of the Slovak Republic

Recently, I’ve been studying many opinions, solutions and positions on the query of how it’s attainable – constitutionally or politically – to resolve the long-term absence of Prime Minister Robert Fico within the efficiency of his administrative duties.

There are many concepts, some name for political duty, for instance the resignation of your entire authorities or the creation of a scenario the place one other member of the prevailing coalition will probably be given the authority to kind the federal government, and so on.

It appears that the essential regulation doesn’t have an efficient resolution, which is at the moment intently linked to the well being situation of Prime Minister R. Fico. To be exact, the structure solely mentions his short-term absence. Not very precisely, both, since you overlook about a number of vital authorizations of the top of the chief physique, that are tied solely to his particular person.

However, criticism of the structure doesn’t result in something. So I’ll attempt to take a look at the difficulties at hand by way of the lens of pragmatic considering. Considering the truth that generally it’s essential to interpret the structure in accordance with its worth, authorized ideas and the necessities of the upper energy issue.

The president didn’t overlook

In the sixth chapter of the structure – titled Powers of the Executive – the adjustment of the place of the President of the Republic and the Government of the Slovak Republic is outlined.

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The head of state should do his job ceaselessly. The impediment to this job is regulated by the constitutional regulation that claims: If the president is unable to carry out his duties for greater than six months, the Constitutional Court of the Slovak Republic declares that the job of the president is open. The present president’s time period of workplace will expire on the date of this announcement (Article 102, part 5 of the Constitution).

Let’s not fear about why we’ve a “gap” within the structure, let’s search for an answer

The query that arises is why there isn’t any such textual content within the structure of the Prime Minister. It’s a ridiculous query. It was merely “forgotten” or restore was not thought-about obligatory. There is not any different reply, and for my part there’s none.

However, the laconic assertion in regards to the failure to create and amend the structure is inaccurate.

So let’s ask ourselves the second query: Is it attainable to eliminate this present downside with out critical constitutional penalties? The urgency of this query can’t be overemphasized. If there isn’t any motive to consider that the appointed prime minister will be capable to fulfill his duties and train his rights inside a interval of a number of months (info and indications from a number of inside sources), then the legitimacy of your entire authorities is immediately threatened. And within the case of EU membership.

It is feasible to divide some duties, assignments and work between the vice prime ministers, however solely quickly, whereas there are others that can not be distributed (it isn’t essential to checklist them, it’s sufficient and in addition. apply to work within the Council of the EU). After a while it would turn into clear that the chief physique has no constitutional and political chief. This is a undeniable fact that undermines the legitimacy of each govt.

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The menace of legitimacy is an pressing order to seek out options.

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