President Vetoes Bill on Election of Prosecutor General

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BRATISLAVA, April 21, (WEBNOVINY) — President Ivan Gasparovic vetoed and returned to parliament the draft amendment to the law on parliamentary standing order, which is to change the secret ballot in parliament to elect a prosecutor general to a public vote. Deputies will thus have to vote on the draft again, probably at the next regular session that starts May 17.

The amendment to the parliamentary standing order was to introduce a public vote on the chairman and deputy chairpersons of the Supreme Audit Office and candidates for justices of the Constitutional Court. A secret ballot was to be held only in cases required under the Constitution: to elect the speaker and the deputy-speakers of parliament, chairmen of parliamentary committees, or if the parliament decides so without a discourse upon a proposal by at least fifteen MPs. Parliament was also to have the right to decide on holding a secret ballot on the issues where otherwise a public ballot is usual.

The ruling coalition agreed upon the change of the standing order after it failed to elect a new prosecutor general in a secret ballot, which the president dislikes. “I do not consider it appropriate and democratic to change the form of a vote … at a time shortly before a secrete ballot, during it or shortly after this vote was scheduled to be held,” the president explained. In his opinion, a secret ballot helps guarantee independence of elected persons and bodies, in which they serve. Independence should be preserved also in the case of judges of the Constitutional Court, as parliament elects candidates for them. The same applies for the chairman and deputy chairman of the Supreme Audit Office and the prosecutor general. Gasparovic maintains that a secret ballot protects before political pressure not only the candidates, but also those who elect them, in this case deputies. Therefore, the president suggests that the parliament turns the draft down as a whole.

Head of SDKU-DS deputy faction Jozef Mikus commented on the president’s decision that it had been expected based on his previous statements. He added that they would discuss further steps within the faction.

Chairman of the SaS deputy faction Jozef Kollar considers as most important to legally analyze Wednesday’s ruling of the Constitutional Court that the rights of Dobroslav Trnka were violated in two rounds of secret ballot for the post of prosecutor general last year. Afterwards, SaS will adopt a final position on the secret or public vote.

KDH faction head Pavol Hrusovsky respects the president’s decision, but maintains that the parliament has the right to amend its standing order.

The opposition SMER-SD welcomes the president’s veto. Opposition SMER-SD leader Robert Fico announced before the draft was approved that his party will not respect a prosecutor general elected in an open vote and if it becomes a member of the ruling coalition in the next election term the parliament will cut his term in office and elect the new one in a secret vote. The opposition thinks that the public vote dismantles one of the pillars of parliamentary democracy. Parliament turned down a proposal of SMER-SD deputy Marek Madaric who demanded a secret vote on a possible proposal for holding a secret ballot.

SITA

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Viac k osobe Dobroslav TrnkaIvan GašparovičJozef KollárJozef MikušMarek MaďaričPavol HrušovskýRobert Fico