Judicial Vacancies and Political Strategy: Mapping the Future of the Slovak Constitutional Court

The Constitutional Court of Slovakia has been working one judge short for over a year, following judge Jana Laššáková’s resignation at the end of September 2023. Questions have been raised now about the motivation of the Parliament to hold the seat open. At the January hearing for the sole nominee to the Constitutional Court (even though legally there should be two candidates put forward for each vacancy) opposition MPs voiced concerns about the selection process, speculating that the delay might be strategic—possibly to reserve the position for General Prosecutor Žilinka should he resign, or even Prime Minister Fico.

Building on my earlier commentary,[1] I now focus on the implications of the ongoing judicial vacancy, the timeline for upcoming appointments, and how the 2021 introduction of staggered terms is reshaping the institutional structure of the Constitutional Court.

Delays in Appointment to Slovak Constitutional Court

The Constitutional Court of Slovakia has been operating without a judge for one year and seven months following Judge Jana Laššáková’s resignation in September 2023.[1] This prolonged vacancy raises concerns about the Court’s ability to operate effectively and uphold its constitutional duties. While the other 12 judges, especially the President of the Court, have been taking on more work to compensate for the vacancy, this situation is unsustainable in the long run.

In Slovakia, the appointment of a new judge to the Constitutional Court is a two-step process: Parliament selects a candidate, and the President makes the final appointment. However, this process has stalled at the initial stage. During this parliamentary term, three selection rounds have taken place—all unsuccessful. In the first round, five candidates were proposed, but none received the required 90 votes (a simple majority in the repeat vote). The second round saw just one candidate, who failed to gain sufficient support. The ruling coalition has yet to explain why it has been unable or unwilling to nominate a suitable candidate.