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President Kiska displayed a certain amount of constitutional creativity along the lines of Czech President Milos Zeman.

Bratislava, April 19, (TASR) – By appointing only three Constitutional Court judges from the eight candidates selected by Parliament, President Andrej Kiska chose to address an unorthodox situation in an unorthodox fashion, said publicist Juraj Hrabko on a TABLET.TV show on Friday.

Parliament was supposed to elect 18 candidates for Constitutional Court judges, with the president tasked by the Constitution with appointing half of them.
However, Parliament didn’t meet its obligation and provided only eight candidates to the president instead. The president didn’t even appoint half of these, choosing only three judges. This raises the question of whether future president Zuzana Caputova could also theoretically select judges from among the five candidates Andrej Kiska opted not to appoint. “According to the president, they’re still in the game. In my view, they aren’t,” said Hrabko.
The president had already appointed fewer than half of the candidates provided by Parliament in the past, a practice declared unconstitutional by the Venice Commission. A number of unsuccessful candidates challenged his approach at the Constitutional Court and succeeded. “If you recall, the president had six candidates then and chose only a single one. This will be the subject of disputes and we’ll see what kind of arguments wind up on the table. In my view, those five could now appeal against the decision or file a complaint with the Constitutional Court,” added Hrabko.