The Disciplinary panel imposes a disciplinary measure – a warning to a judge of the Supreme Court of the Slovak Republic

Disciplinary accused judge as a member of the Appellate Panel 6T in the proceedings conducted at the Supreme Court of the Slovak Republic (Ruling Case No. 6 Tdo 2/2019 of 26 February 2020) in violation of the provisions of Section 362b(1) of Act No. 301/2005 Coll. The Criminal Procedure Code did not respect the legal opinion of the Constitutional Court of the Slovak Republic contained in the ruling file no. II ÚS 382/2018-39 of 15 November 2018, which annulled the ruling of the Supreme Court (file no. 6 Tdo 45/2017 of 4 April 2018). The judge did not respect the legal opinion on the issue of the obligation to deal with the legal assessment of the established facts when he voted to dismiss the appeal by order No. 6 Tdo 2/2019 of 26 February 2020.

“He culpably violated his duty under Section 30(1) of Act No. 385/2000 Coll. on Judges and Adjudicators, according to which a judge must refrain from anything in the performance of his duties as a judge that could endanger the trust in the independent, impartial and fair adjudication of the courts,” said President of the Panel Viola Takáčová during her public statement.

In the disciplinary case of the Minister of Justice of the Slovak Republic c/a Judge JUDr. Martin Piovartsy, the decision was made by the Panel 33D of the Supreme Administrative Court of the Slovak Republic composed of: the President of the Panel JUDr. Viola Takáčová, PhD., the Judges Mgr. Kristína Babiaková (Judge-rapporteur), Prof. JUDr. PhDr. Peter Potásch, PhD. and lay judges doc. JUDr. Diana Treščáková, PhD. and doc. JUDr. Kamil Baraník, PhD., LL.M.