Packing the Constitutional Court

Justice Min. Pavel Blažek of ODS said last night on CNN Prima News that Pres. Petr Pavel hasn’t chosen the best way to “transparently” select justices for the Constitutional Court, because the names of those who are proposed by participating institutions but rejected by Pavel and his commission could be made public, thereby potentially damaging their careers. Blažek didn’t mention it, but this applies esp. to current justices who would like to continue. If, as expected, Pavel’s first appointments include two closely aligned activist judges, Josef Baxa and Daniela Zemanová, the president will have to explain why at least two of the three justices whose term expires in May will not be reappointed. Two of the three, moreover, are deputy chief justices. Removing them merely because they were appointed by Miloš Zeman, and not as a result of their performance, would truly make it appear that Pavel wants to pack what Chief Justice Pavel Rychetský called (at 16m) a “supremely political institution.”

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