Fico Defies Court: Slovakia’s Rule of Law Under Pressure
Slovakia’s Constitutional Court rejected appeals filed by Prime Minister Robert Fico and Defense Minister Robert Kaliňák concerning the proceedings of a specialized criminal court in the “Súmrak” (Twilight) case, according to a ruling delivered on September 19th. The case centers on allegations that Fico and Kaliňák misused police and financial intelligence resources for political purposes.
The rejected appeals challenged the actions of a judge at the Specialized Criminal Court who, in August 2022, forwarded their objection to the prosecutor of the then-Special Prosecutor’s Office rather than ruling on it directly. Fico and Kaliňák argued this violated their right to an effective remedy, a fair trial, the right to defense, and the right to be informed of the nature and grounds of the accusations against them. They had requested a directive for the judge to rule on their objections and sought compensation of €5,000 each.
The Constitutional Court dismissed the appeals as manifestly unfounded. The decision was made by a senate comprised of Constitutional Court President Robert Šorl and judges Peter Strak and Martin Vernarský. Judge Strak appended a dissenting opinion to the ruling.
Fico and Kaliňák initially filed their complaint with the Constitutional Court in October 2022, facing charges of establishing, organizing, and supporting a criminal group, abuse of power, and endangering business, banking, postal, telecommunications, and tax secrets. During the criminal proceedings, they claimed insufficient information regarding the charges and a violation of their right to access case files, citing a European Union directive on the right to information in criminal proceedings.
The rejection of the appeals follows a recent development regarding a potential candidacy of Robert Fico for a position on the Constitutional Court. According to reports, Fico may no longer face obstacles in proving the required 15 years of legal practice should he decide to pursue the appointment.