From protection against the horrors of concentration camps to the protection of the „professional existence“ of bent judges

Abstract

Constitutional Court of the Slovak Republic in its breakthrough finding PL. ÚS 21/2014 declared non-compliance of the Constitution with itself. His more than hundred-page reasoning is a remarkable repository of unfinished arguments, contradictions, half-truths, and non-truths. The fundamental problem of the decision is not that the Constitutional Court has instructed the Parliament to follow certain principles. The problem is that the Court has done so in a way that has made it clear how much he himself does not intend to follow the same principles. In this paper, I will focus on the partial problem of implicit powers. I will try to show that if the other state authorities inferred and exercised their powers as the Constitutional Court in this case, the Slovak Republic
would have long been a dictatorship.