Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his rights under Articles 31 and 45 of the Constitution were infringed by the Assembly’s rejection of his application for the position of Ombudsperson and requesting interim measures. The Applicant originated an administrative proceeding in the Supreme Court in 2009, which was still pending when the Referral was submitted, The Court held that the Referral was premature and inadmissible pursuant to Article 113.7 and Article 47.2 of the Law on the Constitutional Court because of the pendency of the Applicant’s case in the Supreme Court, reflecting that the prerequisite of exhausting all legal remedies had not been met. The Court also held that the Applicant had failed to make a prima facie case that his right to a fair and public hearing under Article 31 and Article 6.1 of the European Convention on Human Rights had been violated, citing Vanek v. Slovak Republic. Finally, the Court denied the request for interim measures after finding that the Applicant failed to establish a prima facie case that he would otherwise face any risk or irreparable damage