The rejection of the nominations of Josef Baxa and Daniela Zemanová for Constitutional Court judges by the Senate’s Constitutional and Legal Committee on Wednesday is being viewed by political analysts as a clear message to President Petr Pavel. Analysts believe that the senators want the president to consult with them regarding his nominations, indicating that the rejection was more about sending a signal to the president rather than due to the controversial nature of the candidates.

President Pavel had nominated former chairman of the Supreme Administrative Court (NSS) Josef Baxa, former president of the Judicial Union Daniela Zemanová, and Jan Wintr as the first three candidates for Constitutional Court judges. The Senate will make the final decision on these nominations in a week, following a discussion in the Senate’s Committee on Human Rights.

However, the Constitutional and Legal Committee only supported the candidacy of constitutional law professor Jan Wintr as a Constitutional Court judge. The rejection of Baxa and Zemanová’s nominations comes amidst speculation that senators felt offended because the president did not consult with them beforehand. Political analyst Petr Just suggests that senators are taking advantage of President Pavel’s relative inexperience in domestic politics to strengthen their influence.

According to analyst Jan Kubáček, the Senate’s message to President Pavel is clear—they want to be seen as important partners in the nomination process and expect the president to engage in dialogue with them, taking their views into account. Kubáček also believes that Baxa still has a chance of having his nomination approved by the Senate, while Zemanová’s chances seem more challenging.

The vote in the committee revealed that only two out of ten present members voted for Zemanová, while four voted for Baxa. Kubáček suggests that Baxa must present himself more intensively and actively to the broader Senate, while Zemanová’s failure to convince likely indicates deeper concerns among the senators. The rejection of the nominations serves as a reminder of the Senate’s role and the importance of consultation and dialogue in the appointment process for Constitutional Court judges.

Article by Prague Forum