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Czech Constitutional Court retains judge Šámal for presidential competence lawsuit
The Constitutional Court of the Czech Republic has ruled that judge Pavel Šámal will remain the reporting judge in a competence lawsuit filed by President Petr Pavel. The court's plenary rejected a motion from the government to disqualify Šámal based on claims of bias.
The lawsuit concerns the scope of the President's powers, specifically regarding his participation in NATO summits. The government argued that Šámal acted with bias because he issued a preliminary injunction—which allowed the President to attend a summit in Ankara—before the government had the opportunity to formally respond to the proposal.
In its decision, the Constitutional Court stated that a judge cannot be disqualified solely based on their procedural conduct within a case. The court noted that the urgency of the matter necessitated the rapid issuance of the preliminary injunction, as the government could not have reasonably responded within the required timeframe. The case remains under priority review to definitively clarify the legal authority to represent the state externally.
Entities
Andrej Babiš · Constitutional Court of the Czech Republic · NATO · Pavel Šámal · Petr Pavel