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: JURIST - The Paper Chase

Slovakia Constitutional Court finds anti-corruption court unconstitutional

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The Constitutional Court of Slovakia ruled Wednesday that the Special Court, established to try corruption and organized crime cases, violates the Slovak Constitution. The Constitutional Court found that the ability of the National Security Authority (NBU) to revoke the security clearances of Special Court judges without clear rules rendered the Special Court insufficiently independent of the executive branch, violating the constitution's separation of powers principle. While effectively dissolving the Special Court, the Constitutional Court said that the tribunal's past rulings would remain in effect, including several high profile public corruption and organized crime convictions. The Constitutional Court also found that the compensation paid to Special Court justices was excessive, a major point of contention among the 46 members of parliament who brought the suit. Justice Minister Stefan Harabin, who has opposed the court since its inception, welcomed Wednesday's decision. Prime Minister Robert Fico said in a press conference that the decision was "unpleasant for us because we will have a lot of work to," but emphasized that he will respect the decision of the Constitutional Court. Public corruption and organized crime have been a consistent concern in European Union (EU) member and candidate countries Eastern Europe. In January, European Commission (EC) President Jose Manuel Barroso said that Romania needed to show more results in its fight against corruption. The EC has express similar concerns about Bulgaria, who ascended to the EU at the same time as Romania. Albania's accession to the EU has been hindered by concerns over corruption and the influence of organized crime, such as the February shooting of an Albanian Supreme Court judge outside of his home.

Full post as published by JURIST - The Paper Chase on May 21, 2009 (boomark / email).