CONSTITUTION OF THE SLOVAK REPUBLIC
THE
PREAMBLE
We, the
Slovak Nation,
Bearing
in mind the political and cultural heritage of our predecessors and the experience gained
through centuries of struggle for our national existence and statehood, Mindful of the
spiritual bequest of Cyril and Methodius and the historical legacy of Great Moravia,
Recognizing the natural right of nations to self-determination, Together with members of
national minorities and ethnic groups living on the territory of the Slovak
Republic, In the
interest of continuous peaceful cooperation with other democratic countries, Endeavouring
to implement democratic form of government, to guarantee a life of freedom, and to promote
spiritual culture and economic prosperity, Thus we, the citizens of the Slovak
Republic,
have, herewith
and through our representatives, adopted this Constitution:
TITLE ONE
Section
One
GENERAL
PROVISIONS
Article 1
(1) The
Slovak
Republic
is a
sovereign, democratic state governed by the rule of law. It
is not bound to any ideology or religion.
(2) The
Slovak
Republic
acknowledges
and adheres to general rules of international
law, international treaties by which it is bound, and its other international
obligations.
Article 2
(1) The
state power derives from the citizens, who shall exercise it through their
elected
representatives or directly.
(2) State
bodies may act solely on the basis of the Constitution, within its scope and their
actions shall be governed by procedures laid down by a law.
(3)
Everyone may do what is not forbidden by a law and no one may be forced to
do what
the law does not enjoin.
Article 3
(1) The
territory of the Slovak
Republic
is integral
and indivisible.
(2)
Borders of the Slovak
Republic
may be
changed only by a constitutional law.
Article 4
Mineral
resources, caves, underground waters, natural healing sources and streams
are a property of the Slovak
Republic
.
Article 5
(1)
Acquisition and loss of citizenship of the Slovak
Republic
shall be
regulated by a law.
(2) No
one shall be deprived of citizenship of the Slovak
Republic
against
his or her will.
Article 6
(1) The
Slovak language is the official language of the
Slovak
Republic
.
(2) The
use of languages other than the official language in official communications
shall be laid down by a law.
Article 7
(1) The
Slovak
Republic
may, by its
own discretion, enter into a state union with other
states. A constitutional law, which shall be confirmed by a referendum, shall decide on
the entry into a state union, or on the secession from such union.
(2) The
Slovak
Republic
may, by an
international treaty, which was ratified and promulgated
in the way laid down by a law, or on the basis of such treaty, transfer the exercise
of a part of its powers to the European Communities and the European Union.
Legally
binding acts of the European Communities and of the European Union shall have
precedence over laws of the Slovak
Republic
. The
transposition of legally binding
acts which require implementation shall be realized through a law or a regulation
of the Government according to Art. 120, para. 2.
(3) The
Slovak
Republic
may for
purpose of maintaining peace, security and democratic
order, under conditions established by an international treaty, join an organization
of mutual collective security.
(4) The
validity of international treaties on human rights and fundamental
freedoms,
international political treaties, international treaties of a military character,
international
treaties from which a membership of the Slovak
Republic
in
international organizations
arises, international economic treaties of a general character, international
treaties for whose exercise a law is necessary and international treaties which
directly confer rights or impose duties on natural persons or legal persons, require
the approval of the National Council of the Slovak
Republic
before ratification.
(5)
International treaties on human rights and fundamental freedoms and international
treaties for whose exercise a law is not necessary, and international
treaties
which directly confer rights or impose duties on natural persons or legal persons
and which were ratified and promulgated in the way laid down by a law shall have
precedence over laws.
Article
7a
The
Slovak
Republic
shall
support the national consciousness and cultural identity
of Slovaks living abroad, shall support their institutions established to achieve
this goal
and their relations with the homeland.
Section
Two
THE STATE
SYMBOLS
Article 8
The state
symbols of the Slovak
Republic
are the
state emblem, the state flag, the state
seal and the national anthem.
Article 9
(1) The
state emblem of the Slovak
Republic
consists of
a red early Gothic shield with a
silver double cross erected on the central, elevated hill of three blue hills.
(2) The
state flag of the Slovak
Republic
has three
lengthwise stripes: white, blue and red.
The state emblem of the Slovak
Republic
appears in
the front half of the flag.
(3) The
state seal of the Slovak
Republic
consists of
the state emblem encircled by the
inscription “Slovenská republika”.
(4) The
national anthem of the Slovak
Republic
is composed
of the first two stanzas
of the song, “Nad Tatrou sa blýska”.
(5) A law
shall lay down the details and use of the state symbols.
Section
Three
THE
CAPITAL OF THE SLOVAK
REPUBLIC
Article
10
(1) The
capital of the Slovak
Republic
is
Bratislava
.
(2) The
status of Bratislava
as the
capital of the Slovak
Republic
shall be
laid down by a
law.
TITLE TWO
FUNDAMENTAL
RIGHTS AND FREEDOMS
Section
One
GENERAL
PROVISIONS
Article
11
Repealed
Article
12
(1) All
human beings are free and equal in dignity and in rights. Their fundamental
rights and freedoms are sanctioned, inalienable, imprescriptible and
irreversible.
(2)
Fundamental rights shall be guaranteed in the Slovak
Republic
to
everyone regardless
of sex, race, colour, language, belief and religion, political affiliation or other
conviction, national or social origin, nationality or ethnic origin, property,
descent
or any other status. No one shall be aggrieved , discriminated against or favoured
on any of these grounds.
(3)
Everyone has the right to decide freely which national group he or she is a
member
of. Any influence and all manners of pressure that may affect or lead to a denial of
a person’s original nationality shall be prohibited.
(4) No
injury may be inflicted on anyone, because of exercising his or her fundamental
rights and freedoms.
Article
13
(1)
Duties can be imposed
a) by a
law or on the basis of a law, within its limitations and in maintaining of the
fundamental
rights and freedoms,
b) by an
international treaty according to Art. 7, para. 4 which directly confers rights
and
imposes duties on natural persons or legal persons, or
c) by a
regulation of the Government according to Art. 120, para. 2.
(2)
Limitations of fundamental rights and freedoms shall be regulated only by a
law and
under the conditions set in this Constitution.
(3) Legal
restrictions of fundamental rights and freedoms shall be applied equally in all
cases fulfilling the specified conditions.
(4) When
imposing restrictions on fundamental rights and freedoms, respect must be given
to the essence and meaning of these rights and freedoms and such restrictions shall be
used only for the specified purpose.
Section
Two
FUNDAMENTAL
HUMAN RIGHTS AND FREEDOMS
Article
14
Every
person shall be entitled to his or her rights.
Article
15
(1)
Everyone has the right to life. Human life is worth protection even before
birth.
(2) No
one shall be deprived of life.
(3) The
death penalty shall be inadmissible.
(4) No
infringement of rights according to this Article shall occur if a person has
been
deprived of life in connection with an action not defined as unlawful under the
law.
Article
16
(1) The
right of every individual to integrity and privacy shall be guaranteed. This
right may be restricted only in cases specifically provided by a law.
(2) No
one shall be subjected to torture or cruel, inhuman or degrading treatment
or punishment.
Article
17
(1)
Personal liberty of every individual shall be guaranteed.
(2) No
one shall be prosecuted or deprived of liberty save for reasons and by means
laid down by a law. No one shall be deprived of liberty merely for his or her inability
to fulfil a contractual obligation.
(3) A
person charged with or suspected of a criminal offence may be detained only in
cases provided by a law. A detained person must be immediately informed of the
grounds thereof, and after interrogation at the latest within 48 hours must be either
released
or brought before a court. A judge must within 48 hours and, for especially serious
criminal offences within 72 hours from bringing the detained person before
him or
her, hear the person and decide on his or her detention or release.
(4) A
person charged with a criminal offence may be arrested only upon a written
order
issued by a judge. An arrested person must be brought before a court within 24
hours. A
judge must, within 48 hours and, for especially serious offences within 72
hours
from bringing before court, hear the arrested person and decide on his or her detention
or release.
(5)
Pre-trial detention can be imposed only on the grounds and for the period provided
by a law and determined by the court.
(6) A law
shall lay down in which cases a person may be committed to or held in a health
care institution without his or her consent. Such cases shall be reported to the
court
within 24 hours and the court shall make a decision on such placement within
five
days.
(7)
Examination of mental condition of a person charged with a criminal offence
is permissible only upon a written court order.
Article
18
(1) No
one shall be send to perform forced labour or forced services.
(2)
Provisions of paragraph 1 of this Article shall not apply to:
a) labour
lawfully imposed on prisoners or on persons serving a sentence, which is replacing
imprisonment,
b)
military service or other service performed instead of compulsory military service ,
c)
service lawfully required in cases of natural disasters, accidents or other
danger, which is
threatening the lives, health or considerable property values,
d)
activity imposed by law for the protection of life, health or rights of other people,
e) minor
municipality services on the basis of a law.
Article
19
(1)
Everyone shall have the right to maintain and protect his or her dignity,
honour,
reputation and good name.
(2)
Everyone shall have the right to be free from unjustified interference in his
or her
private and family life.
(3)
Everyone shall have the right to be protected against unjustified collection,
disclosure
and other misuse of his or her personal data.
Article
20
(1)
Everyone shall have the right to own property. Property rights of all owners
shall be
uniformly construed and equally protected by law. The right of inheritance is
guaranteed.
(2) , The
law shall establish certain property, which is necessary for the purposes of
safeguarding the needs of the society, the development of the national economy and
the
public interest, except the property defined in Art. 4 of this Constitution as the
exclusive
property of the State, the municipality or specific legal persons. A law may also lay
down which property only individual citizens or legal persons residing in the
Slovak
Republic may own.
(3) The
ownership is binding. It shall not be misused causing injury to others or in
contradiction with the public interests protected by the law. The exercise of right in
property must not be detrimental to the health of other people, nature, cultural
sites or
the environment beyond the margin laid down by a law.
(4)
Expropriation or restrictions of right in property may be imposed only to the
necessary
extent and in public interest, based on the law and for a valuable
consideration.
Article
21
(1) The
home shall be inviolable. Entrance without consent of the person residing therein
is not permitted.
(2) A
search shall be allowed only in connection with criminal proceedings and only upon
a reasoned written order issued by a judge. A law shall lay down the manner of
execution of such search.
(3) Other
infringements of the inviolability of the home shall be legally justified only if
it is necessary in a democratic society to protect life, health, or property, to
protect
rights and freedoms of others, or to avert a serious threat to public order. If the
home is
used for entrepreneuring or other economic activities, such infringements may be
allowed by the law also for the purposes of fulfilling the tasks of public
administration.
Article
22
(1)
Secrecy of letters, other communications and written messages delivered by
post and
of personal data shall be guaranteed.
(2) No
one shall violate the secrecy of letters, neither the secrecy of other communications
and written messages kept private or delivered by post or otherwise; save in
cases laid down by a law. The same applies to communications delivered over
telephone, telegraph or other similar equipment.
Article
23
(1)
Freedom of movement and residence shall be guaranteed.
(2)
Everyone residing legally on the territory of the Slovak Republic has the right
to leave
its territory freely.
(3)
Freedoms defined in paragraphs 1 and 2 may be restricted by a law if it is
necessary
for national security, maintenance of public order, for the health protection or the
protection of the rights and freedoms of others, and in the interest of the
environment
protection in specified territories.
(4) A
citizen must not be forced to emigrate or to be expelled from his or her
homeland.
(5) An
alien may be expelled only in cases provided by a law.
Article
24
(1)
Freedom of thought, conscience, religion and belief shall be guaranteed. This
right
shall include the right to change religion or belief and the right to refrain from a
religious
affiliation. Everyone shall have the right to express his or her mind publicly.
(2)
Everyone shall have the right to manifest freely his or her religion or belief
either
alone or in association with others, privately or publicly, in worship, religious
acts,
maintaining ceremonies or to participate in teaching.
(3)
Churches and ecclesiastical communities shall administer their own affairs
themselves;
in particular, they shall establish their bodies, appoint clericals, provide for
theological education and establish religious orders and other clerical institutions
independent
from the state authorities.
(4) The
exercise of rights under paragraphs 1 to 3 may be restricted only by a law, if
it is regarding a measure necessary in a democratic society for the
protection
of public order, health and morals or for the protection of the rights and
freedoms
of others.
Article
25
(1) The
defence of the Slovak Republic is a honourable privilege and duty of
citizens.
The law shall provide the extent of military duty.
(2) No
one shall be forced to perform military service if it is contrary to his or her
conscience or religion. A law shall lay down the details.
Section
Three
POLITICAL
RIGHTS
Article
26
(1)
Freedom of expression and the right to information shall be guaranteed.
(2)
Everyone has the right to express his or her opinion in words, writing, print,
images or
by other means and also to seek, receive and disseminate ideas and information
freely, regardless of the state borders . No approval process shall be required
for press publishing. Entrepreneurial activity in the field of radio and television
broadcasting may be subject to permission from the State. The conditions shall be
laid down by a law.
(3)
Censorship shall be prohibited.
(4)
Freedom of expression and the right to seek and disseminate information may
be
restricted by a law only if it is regarding measures necessary in a democratic society
to protect the rights and freedoms of others, national security, public order,
protection
of health and morals.
5)
Public authority bodies shall be obliged to provide information about their
activities
in the appropriate manner in the official language. The terms and form of the
execution thereof shall be laid down by a law.
Article
27
(1) The
right to petition shall be guaranteed. Everyone shall have the right to address
state bodies and local self-administration bodies in matters of public interest or of
other common interest with petitions, proposals and complaints either individually
or in association with others.
(2) Any
petition must not call for the infringement of fundamental rights and
freedoms.
(3) Any
petition must not interfere in the independence of a court.
Article
28
(1) The
right to peaceful assembly shall be guaranteed.
(2) The
conditions under which this right may be exercised shall be provided by a law in
cases of assemblies held in public places , if it is regarding measures necessary
in a
democratic society for the protection of the rights and freedoms of others, for the
protection
of public order, health and morals, property or of national security. An assembly
shall not be subject to a permission of a body of public administration.
Article
29
(1) The
right of free association shall be guaranteed. Everyone has the right to associate
freely with others in unions, societies or other associations.
(2)
Citizens may establish political parties and political movements and associate
therein.
(3) The
exercise of rights pursuant to paragraphs 1 and 2 may be limited only in cases
laid down by a law if it is necessary, in a democratic society for national
security,
for the protection of public order, for the prevention of crimes or for the
protection
of the rights and freedoms of others.
(4)
Political parties and political movements, as well as unions, societies or other
associations
shall be separate from the State.
Article
30
(1)
Citizens shall have the right to participate in the administration of public
affairs
directly or through freely elected representatives. Aliens with permanent
residence
on the territory of the Slovak Republic shall have the right to vote and to be
elected
to self-administration bodies of municipalities and to self-administration
bodies of
higher territorial units.
(2)
Elections shall be held within periods of time not exceeding the regular electoral
term provided by a law.
(3) The
right to vote shall be exercised through universal, equal and direct suffrage
by secret ballot. The terms of exercise thereof shall be laid down by a law.
(4)
Citizens shall have access to the elected and public offices under equal
conditions.
Article
31
Legal
regulation of all political rights and freedoms and the interpretation and use
thereof shall enable and protect free competition of political forces in a
democratic
society.
Article
32
The
citizens shall have the right to resist anyone who would abolish the democratic
order of human rights and freedoms set in this Constitution, if the
activities
of constitutional authorities and the effective application of legal means are
restrained.
Section
Four
THE
RIGHTS OF NATIONAL MINORITIES AND ETHNIC GROUPS
Article
33
Membership
in any national minority or ethnic group may not be used to the detriment
of any individual.
Article
34
(1)
Citizens belonging to national minorities or ethnic groups in the Slovak Republic
shall be guaranteed their universal development, particularly the rights to promote
their culture together with other members of the minority or group, to
disseminate
and receive information in their mother tongues, to associate in national minority
associations, to establish and maintain educational and cultural institutions.
A law
shall lay down details thereof.
(2) In
addition to the right to learn the official language, the citizens belonging to
national
minorities or ethnic groups shall, under the conditions laid down by a law, also be
guaranteed:
a) the
right to be educated in their language,
b) the
right to use their language in official communications,
c) the
right to participate in the decision making in matters affecting the national
minorities
and ethnic groups.
(3) The
exercise of the rights of citizens belonging to national minorities and ethnic
groups guaranteed by this Constitution must not lead to threat to the
sovereignty
and territorial integrity of the Slovak Republic and to discrimination of other
population.
Section
Five
ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
Article
35
(1)
Everyone shall have the right to choose his or her profession and appropriate
training
freely, as well as the right to conduct entrepreneurial or other gainful activity.
(2) A law
may lay down terms of, or restrictions on certain professions or
activities.
(3)
Citizens shall have the right to work. The State shall guarantee, within appropriate
extent, the material welfare of those who cannot enjoy this right without their own
fault. A law shall lay down the terms thereof.
(4) A law
may provide different regulation of the rights specified in paragraphs 1 to 3 with
regard to the aliens.
Article
36
Employees
shall have the right to fair and satisfactory conditions of work. The law shall
ensure,
in particular:
a) the
right to wages for the work performed, sufficient to secure a dignified standard
of life,
b) the
protection from arbitrary dismissal and discrimination at work,
c) the
protection of safety and health at work,
d) the
setting of maximum working hours,
e)
appropriate rest time after work,
f) the
minimum admissible length of paid vacation,
g) the
right to collective negotiations.
Article
37
(1)
Everyone shall have the right to associate freely with others to protect their
economic
and social interests.
(2) Trade
unions shall be independent of the State. Any restrictions on the number of
trade unions, and privileges to any of them in a company or industry
shall be
illegal.
(3) The
activities of trade unions and forming and activities of other associations
aimed to
protect economic and social interests may be restricted by a law only if it is regarding
a measure necessary in a democratic society for the protection of the national
security, public order, or for the protection of the rights and freedoms of
others.
(4) The
right to strike shall be guaranteed. A law shall lay down the terms
thereof.
Judges, prosecutors, members of the armed forces and armed corps, and members
and employees of Fire and Rescue Squads shall not have this right.
Article
38
(1)
Women, minors and disabled persons shall enjoy more extensive health protection
at work and special working conditions.
(2)
Minors and disabled persons shall enjoy special protection in employment relations
and special assistance in training.
(3) A law
shall lay down details on the rights defined in paragraphs1 and 2 .
Article
39
(1)
Citizens shall have the right to adequate material security in their old age, as
well as
in cases of incapability for work and death of the breadwinner of a family.
(2) Any
person suffering material need shall have the right to such kind of assistance
that is necessary to secure his or her basic standard of life.
(3) A law
shall lay down details on the rights pursuant to paragraphs 1 and 2.
Article
40
Everyone
shall have the right to protection of his or her health. The citizens shall
have the
right to free health care and medical equipment for disabilities on the basis of
medical
insurance under the terms to be laid down by a law.
Article
41
(1)
Matrimony, parenthood, and family shall be protected by the law. Special protection
of children and minors shall be guaranteed.
(2) A
pregnant woman shall be guaranteed a special treatment, protection in
employment,
and adequate working conditions.
(3) Equal
rights shall be guaranteed to h children born both in a legitimate matrimony
and those born out of lawful wedlock.
(4)
Childcare shall be the right of parents; children shall have the right to parental
upbringing and care. The rights of parents may be limited and minor children may be
separated from their parents against the parents’ will only by a court decision,
based on
the law.
(5)
Parents taking care of their children shall have the right to assistance provided
by the
State.
(6)
Details on the rights pursuant to paragraphs 1 to 5 shall be laid down by a
law.
Article
42
(1)
Everyone shall have the right to education. School attendance is compulsory.
A law
shall lay down the length of attendance.
(2)
Citizens shall have the right to free education at elementary and secondary
schools
and depending on the abilities of the individual and the potential of the society
also at
universities.
(3) The
establishment of and teaching in schools other than public schools shall be
possible only under the terms provided by a law; such schools may collect tuition
fees.
(4) A law
shall lay down eligibility for financial assistance for students from public
funds.
Article
43
(1)
Freedom of scientific research and freedom of artistic expression shall be
guaranteed.
Intellectual property rights shall be protected by a law.
(2) The
right to access to cultural heritage shall be guaranteed under the terms laid down
by a law.
Section
Six
THE RIGHT
TO PROTECTION OF THE ENVIRONMENT AND
OF
CULTURAL HERITAGE
Article
44
(1)
Everyone shall have the right to favourable environment.
(2)
Everyone shall have a duty to protect and improve the environment and to foster
cultural heritage.
(3) No
one shall imperil or damage the environment, natural resources and cultural
heritage beyond the limits laid down by a law.
(4) The
State shall care for economical exploitation of natural resources, for ecological
balance and on effective environmental policy, and shall secure protection of
determined sorts of wild plants and wild animals.”.
(5)
Details on the rights and duties according to paragraphs 1 to 4 shall be laid
down by a
law.
Article
45
Everyone
shall have the right to full and timely information about the environmental
situation and about the reasons and consequences thereof.
Section
Seven
RIGHT TO
JUDICIAL AND OTHER LEGAL PROTECTION
Article
46
(1)
Everyone may claim his or her right by procedures laid down by a law at an
independent
and impartial court or, in cases provided by a law, at other public authority
of the Slovak Republic.
(2) Any
person who claims his or her rights to have been denied by a decision of a body of
public administration may come to court to have the legality of the decision
reviewed, save otherwise provided by a law. The review of decisions in matters
regarding the fundamental rights and freedoms however shall not be excluded
from the
jurisdiction of courts .
(3)
Everyone shall have the right to compensation of a damage caused by an unlawful
decision of a court, of other public authority or of a body of public
administration
or by improper official procedure.
(4) A law
shall lay down details and terms of the judicial and other legal
protection.
Article
47
(1)
Everyone shall have the right to refuse to give testimony, which might cause a
danger of
criminal proceedings against that person or a person akin.
(2)
Everyone shall have the right to legal advice from the commencement of proceedings
before courts, other public authorities or bodies of public
administration,
under the conditions laid down by a law.
(3) All
parties to any legal proceedings under paragraph 2 shall be treated equally.
(4) A
person who claims not to know the language used in the proceedings under paragraph
2 shall have the right to an interpreter.
Article
48
(1) No
one shall be withdrawn from his or her judge. Jurisdiction of courts shall be
laid down by a law.
(2)
Everyone has the right to have his or her case tried publicly without undue
delay, to
be present at the proceedings and to comment on any evidences given
therein.
The public may be excluded only in cases laid down by a law.
Article
49
Only law
shall lay down which conduct is a criminal offence and which punishment,
eventually other restrictions on personal rights or property may be
imposed
for the committing thereof.
Article
50
(1) The
court alone shall decide about the guilt and punishment for criminal offences
.
(2)
Everyone, who is being prosecuted, shall be presumed innocent until proved
guilty by
a final judgement of the court .
(3)
Everyone charged with a criminal offence shall be entitled to have time and
facilities
for the preparation of his or her defence and to defend himself or herself in person or
through legal assistance.
(4)
Everyone charged with a criminal offence shall have the right to refuse to
give
testimony; this right may not be denied to that person under any circumstances.
(5) When
finally convicted or acquitted of a criminal offence, no one may be prosecuted
for the same criminal offence again. This principle does not preclude an exceptional
remedies, according to the law.
(6) The
punishability of any criminal conduct shall be determined and the punishment
imposed under the law effective at the time of the commitment of the
offence .
A law adopted after the commission of the criminal offence shall apply if it
is more
beneficial to the offender.
Section
Eight
JOINT
PROVISIONS TO TITLE ONE AND TITLE TWO
Article
51
(1) The
rights defined in Arts. 35, 36, 37 para.4, Arts.38 to 42 and 44 to 46 of
this
Constitution may be claimed only within the restrictions of the laws
implementing
these provisions.
(2) The
conditions and extent of restriction of the fundamental rights and freedoms
and the extent of duties in a time of war, a war state, an exceptional state or an
emergency state shall be laid down by a constitutional law.
Article
52
(1)
Whenever the term “citizen” is used in Title One and Title Two of this
Constitution,
it means a citizen of the Slovak Republic.
(2) Save
expressly granted only to citizens, aliens in the Slovak Republic shall enjoy the
fundamental rights and freedoms guaranteed by this Constitution.
(3)
Whenever the term “citizen” is used in any previous legal regulations, it
means
everyone, provided the rights and freedoms are guaranteed by this Constitution, irrespective
of the citizenship.
Article
53
The
Slovak Republic shall grant asylum to aliens persecuted for the exercise of
political
rights and freedoms. Such asylum may be denied to those who have acted in contradiction
with fundamental human rights and freedoms. A law shall lay down the
details.
Article
54
A law may
restrict the right to conduct entrepreneurial activities and other economic
activities and the right defined in Art. 29 para. 2 for judges and
prosecutors,
for civil servants and employees of the local self- administration holding
offices
laid down by the law also the right defined in Art. 37 para. 4, for members of the armed
forces and armed corps also the rights defined in Arts. 27 and 28 may be restricted
in cases where these rights are connected with the exercise of their duties. The right
to strike may be limited by a law for those, working in professions directly
involved
in the protection of life and health.
TITLE
THREE
Section
One
THE
ECONOMY OF THE SLOVAK REPUBLIC
Article
55
(1) The
economy in the Slovak Republic shall be based on the principles of a socially
and ecologically orientated market economy.
(2) The
Slovak Republic shall protect and encourage economic competition. A law shall
lay down the details.
Article
56
(1) The
National Bank of Slovakia is an independent central bank of the Slovak
Republic.
The National Bank of Slovakia may, within its scope of power, issue generally
binding legal regulations if it is so empowered by a law.
(2) The
highest administration body of The National Bank of Slovakia is the Bank
Council of the National Bank of Slovakia.
(3)
Details according to paragraphs 1 and 2 shall be laid down by a law.
Article
57
The
Slovak Republic is a customs bonded territory.
Article
58
(1) The
financial management of the Slovak Republic shall be kept through the state
budget. The state budget shall be adopted by a law.
(2) A law
shall lay down budgetary revenues, procedures of budgetary management
and the relationships between the state budget and the territorial units`
budgets.
(3) A law
shall establish specialized state funds attached to the state budget.
Article
59
(1) Taxes
and duties shall be national and local.
(2) Taxes
and duties may be levied by a law or on the basis of a law.
Section
Two
THE
SUPREME AUDIT OFFICE OF THE SLOVAK REPUBLIC
Article
60
(1) the
Supreme Audit Office of the Slovak Republic is an independent authority auditing
the management of
a) budget
resources which according to law are approved by the National Council of the
Slovak Republic or by the Government,
b)
property, obligations, financial means, property rights and public debts, statutory
institutions
and The National Property Fund of the Slovak Republic,
c)
property, financial means and property rights of municipalities and higher
territorial
units which they have gained for settlement of expenses for transferred exercise
of state administration,
d)
property, obligations, financial means, property rights and debts for which the
Slovak
Republic has accepted guarantee,
e)
property, financial means, property rights and debts, and financial means which
were
provided to the Slovak Republic, to legal persons or natural persons who are enterprising
with resources of the state budget or disposing of the state property within
development programmes or for other similar reasons from abroad.
(2) The
auditing activity of the Supreme Audit Office is related, in the extent stated in
paragraph
1, to:
a) the
Government of the Slovak Republic, ministries and other central bodies of the
state
administration of the Slovak Republic and bodies subordinate to them,
b) state
bodies and legal persons if the function of a founder or an incorporator is
pursued
by a central body of the state administration or by other state body,
c)
municipalities and higher territorial units, legal persons established by municipalities
and legal persons established by higher territorial units,
d) state
purpose funds, statutory institutions established by a law, , legal persons in
which
statutory institutions have a capital participation , legal persons with state capital
participation,
e) The
National Property Fund of the Slovak Republic, legal persons with determined
capital
participation of the National Property Fund of the Slovak Republic,
f)
natural persons and legal persons.
Article
61
(1) The
Chairman shall head the Supreme Audit Office. The Chairman and Vice-Chairmen
shall be elected and recalled by the National Council of the Slovak Republic.
(2) Any
citizen eligible for the election to the National Council of the Slovak
Republic may be elected a Chairman and a Vice-Chairman of the Supreme
Audit
Office.
(3) The
same person may be elected to the office of Chairman and Vice-Chairman of the
Supreme Audit Office for no more than two consecutive seven-year terms.
(4) The
post of Chairman and Vice-Chairman of the Supreme Audit Office is incompatible
with the discharge of a function in another public authority body, with an
employment relation or with a similar labour relation, with an entrepreneurial
activity,
with a membership in the governing or control body of a legal person which performs
an entrepreneurial activity, or with other economic or gainful activities,
apart
from the administration of his or her own property or scientific, pedagogical, literary
or artistic activity.
Article
62
The
Supreme Audit Office shall submit reports on the results of its auditing activity
to the National Council of the Slovak Republic at least once a year and at any
time when
requested to do so by the National Council of the Slovak Republic.
Article
63
A law
shall lay down the status, operation, internal organizational structure and
basic
rules of auditing activity of the Supreme Audit Office.
TITLE
FOUR
TERRITORIAL
SELF-ADMINISTRATION
Article
64
The basic
unit of territorial self-administration shall be the municipality. Territorial
self-administration
shall be composed of a municipality and a higher territorial unit.
Article
64a
A
municipality and a higher territorial unit are independent territorial and
administrative
units of the Slovak Republic, associating individuals permanently
residing
therein. A law shall lay down the details.
Article
65
(1) A
municipality and a higher territorial unit are legal persons, which manage
their own
property and their financial means independently, under the conditions laid
down by a
law .
(2) A
municipality and a higher territorial unit shall finance their needs primarily
from
their own revenues and also from state subsidies. It shall be laid down by a law,
which
taxes and fees are to be a municipality’s revenue and which taxes and fees are
to be a
higher territorial unit’s revenue. State subsidies can be claimed only within the
limits
laid down by a law.
Article
66
(1) A
municipality shall have the right to associate with other municipalities for
securing
matters of common interest; higher territorial units shall likewise have the right to
associate with other higher territorial units. A law shall lay down the
conditions.
(2) The
unification, division or cancellation of a municipality shall be regulated
by a law.
Article
67
(1)
Municipality inhabitants` assemblies shall realize a territorial selfadministration
by local
referendum, by referendum on the territory of the higher
territorial
unit, by municipality authorities or by higher territorial unit authorities. The
manner of
carrying out the local referendum or referendum on the territory of a higher territorial
unit shall be laid down by a law.
(2) The
duties and limitations in realization of territorial self-administration may
be
imposed on a municipality and a higher territorial unit by a law and on the basis of
an
international treaty according to Art. 7, para. 5.
(3) The
State may intervene in the activities of a municipality and a higher territorial
unit only by means laid down by a law.
Article
68
In
matters of territorial self-administration and for securing the tasks of
selfadministration provided
by a law, the municipality and the higher territorial unit may issue
generally binding regulations.
Article
69
(1)
Municipal authorities are
a) the
municipal representation,
b) the
mayor of municipality.
(2)
Municipal representation shall consist of representatives of municipal
representation.
The municipality inhabitants permanently residing therein elect the
representatives
for a four-year term. Elections of the representatives are performed on the basis
of universal, equal and direct suffrage by secret ballot.
(3) The
mayor of a municipality shall be elected by the municipality inhabitants permanently
residing therein on the basis of a universal, equal and direct suffrage by secret
ballot for a four-year term. The municipality mayor shall be the executive
authority
of the municipality; the mayor shall perform municipality administration, and shall
represent the municipality externally. Reasons for and manner of recalling
a mayor
before expiration of his electoral term shall be laid down by a law.
(4) The
authorities of a higher territorial unit are
a) the
representation of the higher territorial unit,
b) the
head of the higher territorial unit,
(5) The
representation of a higher territorial unit shall consist of the representatives
of the representation of the higher territorial unit . The inhabitants of
the
territorial district of the higher territorial unit permanently residing therein shall
elect the
representatives for a four-year term. Elections of the representatives are performed
on the basis of universal, equal and direct suffrage by secret ballot.
(6) The
head of a higher territorial unit shall be elected by the inhabitants of the
territorial
district of the higher territorial unit permanently residing therein, on the basis of
universal, equal and direct suffrage by secret ballot for a four-year term.
Reasons
for and method of recalling the head of the higher territorial unit before expiration
of the electoral term shall be laid down by a law. The head of a higher territorial
unit shall be the executive authority of the higher territorial unit, shall perform
administration of the higher territorial unit and represent the higher territorial
unit
externally.
Article
70
A law
shall lay down the terms and means of declaring municipality a town; it shall
also regulate the designations of the town authorities.
Article
71
(1) The
exercise of the certain powers of local self-administration may be delegated
on municipality and higher territorial unit by a law. The costs of the
delegated
exercise of state administration shall be covered by the State.
(2) When
exercising the powers of state administration, a municipality and a higher
territorial unit may also issue generally binding regulations within their
territory
upon authorization by a law and within its limitations. Exercise of state administration
transferred to a municipality or to a higher territorial unit by a law shall be
directed and controlled by the government. A law shall lay down the details.
TITLE
FIVE
LEGISLATIVE
POWER
Section
One
THE
NATIONAL COUNCIL OF THE SLOVAK REPUBLIC
Article
72
The
National Council of the Slovak Republic shall be the sole constitutional and
legislative
body of the Slovak Republic.
Article
73
(1) The
National Council of the Slovak Republic consists of 150 Members of
Parliament,
elected for a four-year period.
(2) The
Members of Parliament are representatives of the citizens. They shall exercise
their mandates individually and according to their best conscience and
conviction.
No orders bind them.
Article
74
(1) The
Members of Parliament are elected by universal, equal and direct suffrage by secret
ballot.
(2) Any
citizen who has the right to vote, has attained 21 years of age and has permanent
residency in the Slovak Republic is eligible to be elected to the National
Council
of the Slovak Republic.
(3) A law
shall specify details relating to the election of the Members of
Parliament.
Article
75
(1) A
Member of Parliament participating in the meeting of the National Council of the
Slovak Republic for the first time shall take the following oath: “I swear on my
honour
and conscience allegiance to the Slovak Republic. I will exercise my obligations
dutifully in the interest of its citizens. I will abide by the Constitution and
all other
laws and I will make every effort to implement them.”
(2) Any
refusal to take the oath or any reservation thereof shall result in the loss
of the
mandate.
Article
76
The
National Council of the Slovak Republic shall verify the legitimacy of election
of the Members of Parliament.
Article
77
(1) The
mandate of a Member of Parliament is incompatible with offices of the
judge,
public prosecutor, Public Defender of Rights, member of the armed forces and
member of
the armed corps.
(2) If a
Member of Parliament has been appointed member of the Government, his
mandate shall not terminate within this period but shall not be exercised.
Article
78
(1) No
Member of Parliament shall be prosecuted for his voting in the National Council
of the Slovak Republic or in its committees, not even after expiration of his
or her
mandate.
(2) No
Member of Parliament shall be prosecuted for statements presented in duration
of the post in the National Council of the Slovak Republic or in its body, not
even
after expiration of his or her mandate. The Member of Parliament is subject to
disciplinary
powers of the National Council of the Slovak Republic. Civil responsibility
of a Member of Parliament shall remain unaffected.
(3) No
Member of Parliament shall be prosecuted, sanctioned by any disciplinary measure
or held in pre-trial detention without approval of the National Council of the
Slovak
Republic. If the National Council of the Slovak Republic denies granting of
such
approval, the prosecution or pre-trial detention of a Member of Parliament shall
be
precluded during the term of his mandate. In such case, the period of limitation
does not
lapse in duration of the mandate.
(4) If a
Member of Parliament has been detained while committing a criminal offence,
the competent body shall be obliged to notify the President of the National
Council
of the Slovak Republic immediately. If the Mandate and Immunity Committee
of the National Council of the Slovak Republic does not approve the arrest
consequently,
the Member of Parliament must be released immediately.
(5) In
duration of the arrest, the mandate of a Member of Parliament is not terminated
but shall not be exercised.
Article
79
A Member
of Parliament may refuse to give testimony in matters of which he or she has
been informed while holding the office or even after the termination of his or
her
mandate.
Article
80
(1) A
Member of Parliament may interpellate the Government of the Slovak
Republic,
any member of the Government or a principal official of any other central body of
state administration in matters within their competence. A Member of Parliament
shall receive the response within thirty days.
(2) The
response to interpellation shall have the form of a debate in the National
Council
of the Slovak Republic, which may be followed by a vote of confidence.
Article
81
A Member
of Parliament may resign his or her mandate by personal statement at a
meeting of the National Council of the Slovak Republic. If serious circumstances
prevent a
Member of Parliament from doing so, he or she may do so in written form to
the hands
of the President of the National Council of the Slovak Republic; in this case
the
mandate of Member of Parliament shall terminate on the date of delivery of the
decision
on resignation of the mandate of the Member of Parliament in writing to the
President
of the National Council of the Slovak Republic.
Article
81a
A
Member’s of Parliament mandate terminates
a) on the
termination of his or her electoral term,
b) by the
resignation his or her mandate,
c) by the
loss of eligibility,
d) by the
dissolution of the National Council of the Slovak Republic,
e) by the
occurrence of incompatibility according to Art. 77, para. 1,
f) on the
date of effectiveness of a judgment under which a Member of Parliament was
convicted of a wilful criminal offence or under which a Member of
Parliament
was convicted of a criminal offence and in his or her case the Court did not
decide on a probationary suspension of the imprisonment sentence.
Article
82
(1) The
National Council of the Slovak Republic shall be continually in session.
(2) The
opening session of the National Council shall be convened by the President
of the Slovak Republic not later than thirty days following the
announcement
of the election results. Otherwise, the National Council of the Slovak Republic
shall meet on the thirtieth day after the announcement of the election results.
(3) The
National Council may resolve to adjourn its session. The time of adjournment
may not exceed four months within a period of one year. The President, the
Vice-President and the Committees of the National Council shall continue to carry
out their
duties even during an adjournment.
(4)
During an adjournment, the President of the National Council can convene a
session,
even before the designated date. He or she shall always do so upon a request
submitted
by the Government or one fifth of the Members of Parliament.
(5) A
session of the National Council of the Slovak Republic shall end as a result
of
termination of the electoral period or its dissolution.
Article
83
(1) The
meetings of the National Council of the Slovak Republic shall be convened
by its President.
(2) The
President of the National Council of the Slovak Republic shall convene a meeting
also when so requested by at least one fifth of the Members of Parliament. In
this case
the meeting shall be convened within seven days.
(3)
Meetings of the National Council of the Slovak Republic are open to the
public.
(4)
Closed meetings may be held only in cases laid down by a law or when three
fifths of
all Members of Parliament have so resolved.
Article
84
(1) The
National Council of the Slovak Republic has a quorum, if more than half of all
Members of Parliament are present.
(2) For a
valid resolution, the consent of more than half of Members of Parliament
present shall be required, save this Constitution provides otherwise.
(3) In
approving an international treaty according to Art. 7 paras. 3 and 4, and in
adopting
a law returned by the President of the Slovak Republic according to Art. 102
letter
o), the consent of the absolute majority of all Members of Parliament shall be
required.
(4) For
the purpose of adopting or amending the Constitution, a constitutional law, in
approving an international treaty according to Art. 7, para. 2,for the adoption of
a
resolution on plebiscite on the recall of the President of the Slovak Republic, for
bringing
a prosecution of the President and for the declaration of war on another state,
the
consent of a three-fifths majority of all Members of Parliament shall be required.
Article
85
Any
member of the Government of the Slovak Republic, or a principal official of
other
central body of state administration shall be obliged to participate in a meeting
of the
National Council of the Slovak Republic or in a meeting of a body thereof, if so
requested
by the National Council of the Slovak Republic or by a body thereof.
Article
86
The
powers of the National Council of the Slovak Republic shall be particularly
to:
a) adopt
the Constitution, constitutional laws and other laws, and to supervise their
implementation,
b)
approve the treaties on a union of the Slovak Republic with other states and
the
repudiation of such treaties by a constitutional law,
c) decide
on a proposal for declaration of a referendum,
d) before
ratification to approve international treaties on human rights and fundamental
freedoms, international political treaties, international treaties of
military
nature, international treaties from which a membership of the Slovak Republic
in international organizations arises, international economic treaties of general
nature, international treaties for whose exercise a law is necessary, and international
treaties which directly confer rights or impose duties on natural persons
or legal persons, and at the same time to decide on whether they are international
treaties according to Art. 7 para. 5,
e)
establish Ministries and other governmental bodies,
f) debate
on the Programme Proclamation of the Government of the Slovak Republic,
monitor the activities of the Government, as well as debate on vote of
confidence
regarding the Government or its individual member,
g)
approve the state budget, supervise budgetary policy and approve the final
state
budgetary account,
h) debate
on basic issues relating to domestic, international, economic, social and other
policies,
i) elect
and recall the Chairman and Vice-Chairman of the Supreme Audit Office of the
Slovak Republic and three members of the Judicial Council of the Slovak Republic,
j)
declare war in the event of an act of aggression by parties hostile to the Slovak
Republic
or in the event that obligations under international joint defence treaties must be
fulfilled, and after the end of war on concluding the peace,
k) give
consent for despatching the military forces outside of the territory of the
Slovak
Republic, if it does not concern a case stated in Art. 119, letter p),
l)
approve the presence of foreign military forces on the territory of the Slovak
Republic.
Article
87
(1) Draft
laws may be introduced by the Committees of the National Council of the
Slovak Republic, Members of Parliament and the Government of the Slovak
Republic.
(2) If
the President of the Slovak Republic returns an act with comments, the National
Council of the Slovak Republic shall discuss the act repeatedly and in case
it is
adopted, the act must be promulgated.
(3) The
Act shall be signed by the President of the Slovak Republic, the President
of the
National Council of the Slovak Republic and the Prime Minister of the Government
of the Slovak Republic. If the National Council of the Slovak Republic, after
repeated discussion, adopts the act even despite the comments of the President of
the
Slovak Republic, and the President of the Slovak Republic does not sign the act,
the act
shall be promulgated even without the signature of the President of the Slovak
Republic.
(4) An
act shall enter into effect on its promulgation. Details on the promulgation
of acts,
of international treaties and legally binding acts of an international
organization
pursuant to Art. 7, para. 2 shall be laid down by a law.
Article
88
(1) A
proposal for a vote of no confidence in the Government of the Slovak Republic
or in a member thereof shall be discussed by the National Council of the Slovak
Republic, provided one fifth of its Members of Parliament so requires.
(2) For
vote of no confidence in the Government of the Slovak Republic or in a member
thereof an absolute majority of all Members of Parliament shall be required.
Article
89
(1) The
President of the National Council of the Slovak Republic shall be elected or
recalled by secret ballot with the consent of an absolute majority of all Members of
Parliament.
The President shall be responsible exclusively to the National Council of the
Slovak Republic.
(2) The
President of the National Council of the Slovak Republic shall
a)
convene and direct the meetings of the National Council of the Slovak
Republic,
b) sign
the Constitution, constitutional laws and other laws,
c) accept
the oath taken by Members of Parliament,
d)
announce elections to the National Council of the Slovak Republic, the election
of the President of the Slovak Republic and elections to bodies of
territorial self-administration,
e)
declare plebiscite on the recall of the President of the Slovak Republic.
f) carry
out other tasks if provided by a law.
(3) The
President of the Slovak National Council shall remain in office even after
the
expiry of the electoral term until the National Council of the Slovak Republic
elects a
new President.
Article
90
(1) The
Vice-Presidents may substitute the President of the National Council of the
Slovak Republic. The Vice-Presidents are elected and recalled by the National
Council
of the Slovak Republic with the assent of an absolute majority of all Members
of
Parliament voting by secret ballot. The Vice-Presidents shall be responsible to the
National
Council of the Slovak Republic.
(2) The
provision of Art. 89, para. 3 shall apply also to the Vice-President of the
National
Council of the Slovak Republic.
Article
91
The work
of the National Council of the Slovak Republic shall be under the direction
and organisation of the President and the Vice-Presidents.
Article
92
(1) The
National Council of the Slovak Republic shall establish Committees composed
of its Members of Parliament initiative and supervision bodies; their
chairmen
shall be elected by secret ballot.
(2) A law
shall provide the procedures governing the debates in the National Council
of the Slovak Republic and its Committees.
Section
Two
REFERENDUM
Article
93
(1) A
constitutional law on joining a union with other states or the secession from it,
shall be confirmed by a referendum.
(2) A
referendum may also be used to decide on other crucial issues of the public
interest.
(3) No
issues of fundamental rights, freedoms, taxes, duties or state budget may be
decided by a referendum.
Article
94
Every
citizen of the Slovak Republic, qualified to elect the Members of Parliament
of the National Council of the Slovak Republic, shall have the right to vote
in a
referendum.
Article
95
(1) A
referendum shall be declared by the President of the Slovak Republic upon a
petition submitted by at least 350,000 citizens, or upon a resolution of the National
Council
of the Slovak Republic within thirty days after acceptance of the petition of
citizens
or the resolution of the National Council of the Slovak Republic had been
received.
(2) The
President of the Slovak Republic may, before declaring a referendum, submit to
the Constitutional Court of the Slovak Republic a proposal for a decision on
whether
the subject of a referendum which shall be declared upon a petition of citizens
or a
resolution of the National Council of the Slovak Republic according to paragraph
1 is in
conformity with the Constitution or a constitutional law. If the President of the
Slovak
Republic submits to the Constitutional Court of the Slovak Republic a proposal
for a
decision on whether a subject of referendum which shall be declared upon a
petition
of citizens or a resolution of the National Council of the Slovak Republic is in
conformity
with the Constitution or a constitutional law, from the submission date of
the
proposal of the President of the Slovak Republic to the date of effectuality of the
decision
by the Constitutional Court of the Slovak Republic, the term according to paragraph
1 shall not lapse.
Article
96
(1)
Members of Parliament may submit the proposals for the adoption of a resolution
by the National Council of the Slovak Republic on the declaration of a
referendum.
(2) A
referendum shall be held not later than ninety days after the President of the
Slovak
Republic has declared it.
Article
97
(1) A
referendum shall not be held less than ninety days before the date of the election
to the National Council of the Slovak Republic.
(2) A
referendum may be held on the date of the election to the National Council
of the
Slovak Republic.
Article
98
(1) The
results of a referendum shall be valid provided an absolute majority of eligible
voters have participated and the issue has been decided by an absolute majority
of votes.
(2) The
National Council of the Slovak Republic shall promulgate the proposals adopted
by a referendum as a law.
Article
99
(1) The
result of a referendum may be amended or repealed by a constitutional law
adopted by the National Council of the Slovak Republic once a period of three
years
since effectuality of the results has elapsed.
(2) The
referendum on the same issue may be repeated not earlier than three years
after the previous referendum held.
Article
100
The
procedures for holding a referendum shall be laid down by a law.
TITLE SIX
EXECUTIVE
POWER
Section
One
THE
PRESIDENT OF THE SLOVAK REPUBLIC
Article
101
(1) The
Head of the Slovak Republic shall be the President. The President shall represent
the Slovak Republic externally and internally, shall ensure the regular operation
of Constitutional bodies by his or her decisions. The President shall perform
the
office according to his or her conscience and convictions, and shall not be bound
by orders.
(2)
Citizens of the Slovak Republic shall elect the President by secret ballot for a
five-year
term in direct elections. Citizens who have the right to vote for the National
Council
of the Slovak Republic shall have the right to vote for a President.
(3)
Candidates for President shall be proposed by at least 15 Members of Parliament
or by citizens who have the right to vote for the National Council of the Slovak
Republic on the basis of a petition signed by at least 15,000 citizens. Proposals
for
elections shall be delivered to the President of the National Council of the Slovak
Republic
at the latest within 21 days of the announcement of elections.
(4) A
candidate shall be elected a President, if he or she receives an absolute majority
of valid votes of legitimate voters. If none of the candidates receives the
necessary
majority of votes, a second round shall be held within 14 days of the voting.
The two
candidates who gained the greatest number of valid votes shall proceed to the
second
round. In the second round, the candidate who gained the greatest number of
valid
votes from participating voters shall be elected President.
(5) If
one of the two candidates who gained the most of the valid votes in the first
round
ceases to be eligible for election as President before the second round of voting
or
resigns his or her right as a candidate, the candidate who received the next greatest
number of
valid votes shall proceed to the second round of voting. If there are not two
candidates
for the second round of voting, the second round shall not be held, and the
President
of the National Council of the Slovak Republic shall announce new elections
so that
they take place within 60 days of their announcement.
(6) If
only one candidate applies for the post of President, the elections shall be
held; he
or she shall be elected President if he or she gains an absolute majority of the
valid
votes of participating voters.
(7) The
elected candidate shall take up the post of President on taking an oath. The oath
shall be taken before the National Council of the Slovak Republic to the President
of the Constitutional Court of the Slovak Republic at noon of the day on which the
term of office of the previous President is to terminate.
(8) If
the term in office of the President ends prematurely, the elected candidate
shall
take the oath and take up the post of President at noon of the day following the
day when
the results of the election are announced.
(9) The
Constitutional Court of the Slovak Republic shall decide whether Presidential
elections have been held in conformity with the Constitution and the law.
(10) A
law shall lay down further details on presidential elections.
Article
102
(1) The
President
a) shall
represent the Slovak Republic externally, negotiate and ratify international
treaties.
He may delegate the negotiating of international treaties to the Government of
the
Slovak Republic or, upon the consent of the Government, to its individual
members,
b) may
submit to the Constitutional Court of the Slovak Republic a proposal for a
decision
on the conformity of a negotiated international treaty, for which the consent
of the
National Council of the Slovak Republic is necessary, with the Constitution or
with a
constitutional law,
c) shall
receive, appoint and recall heads of diplomatic missions,
d) shall
convene the opening session of the National Council of the Slovak Republic,
e) may
dissolve the National Council of the Slovak Republic if the National Council
of the
Slovak Republic, within a period of six months from the nomination of a Government
of the Slovak Republic, has not passed its Programme Proclamation, if the
National Council of the Slovak Republic has not passed within three months of the
formation
of a Government a draft law with which the Government has combined a vote of
confidence, if the National Council of the Slovak Republic has not managed to
hold a
session for longer than three months although its sitting has not been adjourned
and it has during this time been repeatedly called for a meeting, or if a session
of the National Council of the Slovak Republic has been adjourned for a longer
time than is allowed by the Constitution. This right may not be applied during
the last
six months of his or her term of office. The President shall dissolve the
National
Council of the Slovak Republic in the case that after a plebiscite on the recall of
the President, the President has not been recalled, during war, a war state or
exceptional
state,
f) shall
sign laws,
g) shall
appoint and remove the Prime Minister and other members of Government of the
Slovak Republic, charge them with direction of Ministries and accept their
resignation;
he shall recall the Prime Minister and other Ministers in cases defined in
Arts.115
and 116,
h) shall
appoint and recall principal officials of central bodies, and higher state
officials
and other officials in cases laid down by a law; shall appoint and recall rectors
of universities, shall appoint university professors and shall appoint and
promote
generals,
i) shall
confer decorations unless another authority has been delegated by him to do
so,
j) remits
and mitigates sentences imposed by criminal courts in criminal proceedings
and
expunges sentences in the form of individual pardon or amnesty,
k) shall
be the Commander in Chief of the armed forces,
l) shall
declare war on the basis of a decision of the National Council of the Slovak
Republic
if the Slovak Republic is attacked or if it follows from obligations from international
treaties and collective defence against attack, and conclude peace,
m) may,
upon a proposition of the Government of the Slovak Republic, order a mobilization
of the military forces, declare a state of war or declare an exceptional state and
their termination,
n) shall
declare referendum,
o) may
return to the National Council of the Slovak Republic an act with comments
up to 15
days of delivery of an adopted act,
p) shall
inform the National Council of the Slovak Republic of the state of the Slovak
Republic
and of major political issues;
r) shall
have the right to request of the Government of the Slovak Republic and of its
members
information necessary for the accomplishment of his tasks and
s) shall
appoint and recall judges of the Constitutional Court of the Slovak Republic,
the
President and Vice-President of the Constitutional Court of the Slovak Republic;
shall
accept the oath of judges of the Constitutional Court of the Slovak Republic and
the oath
of the General Prosecutor
t) shall
appoint and recall judges, the Chief Justice and the Deputy Chief Justice of
the
Slovak Republic, General Prosecutor and three members of the Judicial Council of
the
Slovak Republic; shall accept the oath of judges.
(2) A
decision of the President issued pursuant to Art. 102, para. 1 letter c) and
letter j)
if it concerns the granting of amnesty, and to letter k), is valid if signed by the
Prime
Minister of the Government of the Slovak Republic or a Minister authorized by
him; in
these cases, the Government of the Slovak Republic is responsible for the decision
of the President.
(3)
Conditions for declaring war, declaring a state of war, declaring an exceptional
state, declaring an emergency state and the manner of exercising public
authority
during war, a state of war, an exceptional state, shall be laid down by a constitutional
law.
(4)
Details of exercising the constitutional powers of the President according to
paragraph
1 may be laid down by a law.
Article
103
(1) A
citizen of the Slovak Republic eligible to vote, who has attained thirty-five
years of
age, may be elected President of the Slovak Republic.
(2) The
same person may be elected President for not more than two consecutive
terms.
(3) The
President of the National Council of the Slovak Republic shall announce presidential
election in such a way, that the first round of the election shall take place
at the
latest within 60 days before the end of the function of the incumbent President.
If the
office of President becomes vacant before the end of the term of office, the
President
of the National Council of the Slovak Republic shall announce the election
of a
President within seven days so that the first round of the election for President
shall
take place at the latest within 60 days of the day of the announcement of the
election
of a President.
(4) If
the President elect is a Member of Parliament , a member of the Government
of the Slovak Republic, a judge, a public prosecutor, a member of the
armed
forces or the armed corps, or a member of the Supreme Audit Office of the Slovak
Republic, he or she must resign from his previous office on the day of the
election.
(5) The
President shall hold no other paid position in any profession, business or
shall not
be a member of executive board of a legal entity conducting entrepreneurial
activity.
(6) The
President may resign from his post at any time; his term of office shall terminate
on the day of
delivery of a written announcement of this decision to the President of the
Constitutional
Court of the Slovak Republic.
(7) The
President of the Constitutional Court of the Slovak Republic shall announce
in writing the resignation from the function of President to the President of
the
National Council of the Slovak Republic.
Article
104
(1) The
President shall take before the President of the Constitutional Court of the
Slovak Republic before the National Council this oath:
“I
swear on my honour and conscience allegiance to the Slovak Republic. I will
attend to
the welfare of the Slovak people, and members of national minorities and ethnic
groups living in the Slovak Republic. I will perform my duties in the interest of
citizens,
uphold and defend the Constitution and other laws.”
(2) A
refusal to take the oath or expression of reservations thereto shall annul
the
presidential election.
Article
105
(1) If
the President is not elected, or if the office of the President is vacant and a new
president is not elected yet , or if a new President is elected but before
taking
the oath, or if the President is unable to discharge his or her office for serious
reasons ,
the powers of the President pursuant to Art. 102, para. 1, letters a), b), c),
k), n)
and o) shall pass to the Government of the Slovak Republic. In these cases the
Government
may vest some of the powers of the President in the Prime Minister. During
such time the Prime Minister shall act as Commander-in-Chief of the armed
forces.
Powers of the President according to Art. 102, para. 1, letters d), g), h), l), m),
s) and t)
shall pass to the President of the National Council of the Slovak Republic at
such
time.
(2) In
the event that the President is unable to perform the duties of his or her
office
for more than 6 months, the Constitutional Court of the Slovak Republic shall
declare
that the post of President has become vacant. The function period of the incumbent
President shall terminate on the day of this declaration.
Article
106
(1) The
President may be recalled from his post before the end of his term of office by
a plebiscite. A plebiscite on the recall of a President shall be declared by the
President
of the National Council of the Slovak Republic on the basis of a resolution
of the
National Council of the Slovak Republic adopted by at least a three-fifths
majority
of all Members of Parliament within 30 days of the adoption of a resolution
so that
the plebiscite shall be held within 60 days of its declaration.
(2) The
President shall be recalled if an absolute majority of all legitimate voters
votes for
his or her recall in a plebiscite.
(3) If
the President was not recalled in a plebiscite, the President shall dissolve
the
National Council of the Slovak Republic within 30 days of the announcement of
the
results of the plebiscite. In such a case, a new presidential electoral term shall
begin.
The President of the National Council of the Slovak Republic shall announce
elections
to the National Council of the Slovak Republic within seven days of its
dissolution.
(4)
Further details on the recall of President shall be laid down by a law.
Article
107
The
President may be prosecuted only for a wilful infringement of the Constitution
or for treason. The National Council of the Slovak Republic shall decide
on the
bringing of a prosecution on a President by a three-fifth majority of all Members
of Parliament. The National Council of the Slovak Republic shall file the prosecution
to the Constitutional Court of the Slovak Republic, which shall decide on it in
plenary session. A condemning decision of the Constitutional Court of the Slovak
Republic shall mean the loss of the presidential post and of the eligibility to
regain
this post.
Section
Two
THE
GOVERNMENT OF THE SLOVAK REPUBLIC
Article
108
The
Government of the Slovak Republic shall be the supreme executive body.
Article
109
(1) The
Government shall consist of the Prime Minister, Deputy Prime Ministers and
Ministers.
(2) The
discharge of the post of a member of the Government shall be incompatible
with discharge of a Member’s of Parliament mandate, with discharge of
a post in
another public authority, with public service relationship, with employment
or with a
similar labour relation, with an entrepreneurial activity, with membership in
governing
or control body of a legal person, which pursues an entrepreneurial activity
or with
another economic or gainful activities apart from the administration of his or
her own
property and scientific, pedagogical, literary or artistic activity.
Article
110
(1) The
Prime Minister shall be appointed and recalled by the President of the Slovak
Republic.
(2) Any
citizen of the Slovak Republic eligible for election to the Slovak National
Council
may be appointed Prime Minister.
Article
111
On a
proposal of the Prime Minister of the Government, the President of the Slovak
Republic shall appoint and recall other members of the Government and empower
them with the administration of Ministries. As Vice-Prime Minister of the Government
may be appointed a citizen who is eligible for election a Member of
Parliament.
Article
112
The
members of the Government shall take before the President the following
oath:
“I
swear on my honour and conscience allegiance to the Slovak Republic. I will
perform
my duties in the interest of the citizens. I will uphold the Constitution and
the other
laws and will do my best to contribute to their implementation.”
Article
113
The
Government shall be obliged, within thirty days of its nomination, to present
itself to
the National Council of the Slovak Republic, submit its Government Programme
and ask for a vote of confidence.
Article
114
(1) The
Government shall be responsible for the exercise of governmental powers to the
National Council of the Slovak
Republic
. The
National Council of the Slovak Republic
may take a vote of no confidence at any time.
(2) The
Government may, at any time, invite the National Council of the Slovak Republic
to take a vote of confidence.
(3) The
Government may initiate voting on a draft law or on another matter combined
with a vote of confidence.
Article
115
(1) In
the event that the National Council has passed a vote of no confidence or overrules
its motion for a vote of confidence, the President shall recall the
Government.
(2) In
case the President has accepted resignation of the Government, he shall delegate
all powers to be exercised continuously until a new Government is
appointed.
Article
116
(1)
Member of the Government shall be individually accountable for the discharge
of his or her function to the National Council of the
Slovak
Republic
.
(2) A
member of the Government may submit his or her resignation to the President
of the Slovak
Republic
.
(3) The
National Council of the Slovak
Republic
may also
take vote of no confidence
in an individual member of the Government; in such case the President of the
Slovak
Republic
shall
recall the member of the Government.
(4) A
motion for the recall of a member of the Government may also be presented
by the Prime Minister.
(5) In
the event of the Prime Minister’s resignation, the whole Government shall
resign.
(6) If
the National Council of the Slovak Republic has passed a vote of no confidence
in an individual member of the Government, the President of the Slovak Republic
shall recall the member. The recall of the Prime Minister shall result in the
resignation
of the Government.
(7) If
the President has accepted the resignation of a member of the Government, or if he
has recalled a member of the Government, he shall designate another member
to be
temporarily responsible for fulfilling the duties of the resigning member.
Article
117
The
incumbent Government shall submit its resignation after the opening session
of the
newly elected National Council of the Slovak Republic; the incumbent Government
shall, however, remain in office until the new Government is formed.
Article
118
(1) The
Government has a quorum if more than half of its members is present.
(2)
Adoption of a resolution by the Government shall require the consent of an
absolute
majority of all members of the Government.
Article
119
The
Government shall decide as a body:
a) on
draft laws,
b) on
government regulations,
c) on the
Government Programme and its implementation,
d) on
principal measures to be taken to guarantee the economic and social programmes
of the Slovak Republic,
e) on
draft state budget and final state budgetary account,
f) on
international treaties entered into by the Slovak Republic whose negotiation the
President
of the Slovak Republic has delegated to the Government,
g) on the
consent with delegation of negotiation of international treaties according to
Art. 102,
para. 1, letter a) to its individual members,
h) on
submitting to the Constitutional Court of the Slovak Republic a proposal to
decide on
the conformity with the Constitution and constitutional law of a negotiated
international
treaty for which the approval of the National Council of the Slovak Republic
is necessary,
i) on
fundamental issues of internal and foreign policy,
j) on
submitting a a draft law or a draft of other binding measure for public
discussion,
k) , on
submitting request for a vote of confidence,
l) on
granting amnesty in cases of offences,
m) on the
appointment and recall of other state officials in cases laid down by a law
and three
members of the Judicial Council of the Slovak Republic,
n) on a
proposal for declaring a state of war, on proposal for ordering a mobilization of
the
military forces, on proposal for declaring an exceptional state and on a proposal for
their
termination, on declaring and on termination of a state of emergency,
o) on
despatching the military forces outside of the territory of the Slovak Republic
for the
purpose of humanitarian aid, military exercises or peace observing missions,
on the
consent with the presence of foreign military forces on the territory of the
Slovak
Republic for the purpose of humanitarian aid, military exercises or peace observer
missions, on consent with the passing of the territory of the Slovak Republic
by
foreign military forces,
p) on
despatching the military forces outside of the territory of the Slovak Republic if
it
regards performance of obligations resulting from international treaties on joint
defence
against attack for a maximum period of 60 days; the Government shall announce
this decision without undue delay to the National Council of the Slovak
Republic,
r) on
other issues if the law provides so.
Article
120
(1) The
Government shall have the power to issue regulations to implement laws within
limits laid down by the law.
(2) If
laid down by a law, the Government shall also be authorized to issue regulations
on the implementation of the Europe Agreement Establishing an
Association
between the European Communities and their Member States on the one part, and
the Slovak Republic on the other part, and on execution of international treaties
according to Art. 7, para. 2.
(3) The
Prime Minister shall sign government regulations.
(4) A government regulation shall be promulgated in the manner laid down by a
law.
Article
121
The
Government shall have the power to grant amnesty in cases of offences.
Article
122
A law
shall establish the central state administration bodies and local state administration
bodies.
Article
123
Ministries
and other state administration bodies shall, under the laws and within their
limits, adopt generally binding legal regulations provided they are empowered to
do so by
a law. These generally binding legal regulations shall be promulgated in a
manner
laid down by a law.
TITLE
SEVEN
JUDICIAL
POWER
Section
One
THE
CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC
Article
124
The
Constitutional Court shall be an independent judicial authority vested with
the
mandate to protect the constutionality.
Article
125
(1) The
Constitutional Court shall decide on the conformity of
a) laws
with the Constitution, constitutional laws and international treaties to which
the
National Council of the Slovak Republic has expressed its assent and which
were
ratified and promulgated in the manner laid down by a law,
b)
government regulations, generally binding legal regulations of Ministries and
other
central state administration bodies with the Constitution, with constitutional
laws,
with international treaties to which the National Council of the Slovak Republic
has expressed its assent and which were ratified and promulgated in the manner
laid down by a law and with laws,
c)
generally binding regulations pursuant to Art. 68, with the Constitution, with
constitutional
laws and with international treaties to which the National Council of the Slovak
Republic has expressed its assent and which were ratified and promulgated in
the
manner laid down by a law, save another court shall decide on them,
d)
generally binding legal regulations of the local bodies of state administration and
generally
binding regulations of the bodies of territorial self-administration pursuant
to Art.
71 para. 2, with the Constitution, with constitutional laws, with international
treaties
promulgated in the manner laid down by a law, with laws, with government regulations
and with generally binding legal regulations of Ministries and other central
state
administration bodies, save another court shall decide on them.
(2) If
the Constitutional Court accepts the proposal for proceedings pursuant to paragraph
1, it can suspend the effect of challenged legal regulations, their parts, or
some of
their provisions, if fundamental rights and freedoms may be threatened by their
further application, if there is a risk of serious economic damage or other serious
irreparable
consequence.
(3) If
the Constitutional Court holds by its decision that there is inconformity between
legal
regulations stated in paragraph 1, the respective regulations, their parts or some
of their
provisions shall lose effect. The bodies that issued these legal regulations
shall be
obliged to harmonize them with the Constitution, with constitutional laws and
with
international treaties promulgated in the manner laid down by a law, and if it
regards
regulations stated in paragraph 1 letters b) and c) also with other laws, if it
regards
regulations stated in paragraph 1 letter d) also with government regulations
and with
generally binding legal regulations of Ministries and other central state administration
bodies within six month from the promulgation of the decision of the
Constitutional
Court. If they fail to do so, these regulations, their parts or their provisions
shall lose effect after six months from the promulgation of the decision.
(4) The
Constitutional Court shall not decide on conformity of a draft law or a proposal
of other generally binding legal regulation with the Constitution, with an
international
treaty that was promulgated in the manner laid down by a law or with the
constitutional law.
(5) The
validity of a decision on the suspension of effect of the challenged legal
regulations,
their parts or some of their provisions shall terminate at the promulgation
of the
decision of the Constitutional Court in the case, if the Constitutional Court has
not
already cancelled the decision on suspension of the effect of the challenged legal
regulation
because the reasons for which it was adopted have terminated.
(6) A
decision of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5
shall be
promulgated in the manner laid down for the promulgation of laws. The valid
judgement of the Constitutional Court shall be generally binding.
Article
125a
(1) The
Constitutional Court shall decide on the conformity of negotiated international
treaties to which the assent of the National Council of the Slovak
Republic
with the Constitution and constitutional law is necessary.
(2) The
President of the Slovak Republic or the Government may submit a proposal
for a decision pursuant to paragraph 1 to the Constitutional Court prior to the
presentation
of a negotiated international treaty for discussion of the National Council
of the
Slovak Republic.
(3) The
Constitutional Court shall decide on a proposal pursuant to paragraph 2 within a
period laid down by a law; if the Constitutional Court holds in its decision
that the
international treaty is not in conformity with the Constitution or constitutional
law, such
international treaty cannot be ratified.
Article
125b
(1) The
Constitutional Court shall decide on whether the subject of a referendum to be
declared upon a petition of citizens or a resolution of the National Council of the
Slovak
Republic according to Art. 95, para. 1 is in conformity with the Constitution
or
constitutional law.
(2) The
proposal for a decision according to paragraph 1 may be submitted to the Constitutional
Court by the President of the Slovak Republic prior to declaring a
referendum,
if he or she has doubts on whether the subject of referendum, which is to be
declared upon a petition of citizens or a resolution of the National Council of the
Slovak
Republic according to Art. 95 para. 1 is in conformity with the Constitution or
a
constitutional law.
(3) The
Constitutional Court shall decide on a proposal pursuant to paragraph 2 within 60
days from the date of its delivery; if the Constitutional Court holds in its
decision
that the subject of referendum to be declared upon a petition of citizens or a
resolution
of the National Council of the Slovak Republic according to Art. 95, para.
1 is not
in conformity with the Constitution or constitutional law, the referendum cannot be
declared.
Article
126
The
Constitutional Court shall decide disputes over competency between the central
state administration bodies save a law provides, that these disputes are to be
decided
by another state authority.
Article
127
(1) The
Constitutional Court shall decide on complaints of natural persons or legal
persons if they are pleading the infringement of their fundamental rights or
freedoms,
or human rights and fundamental freedoms resulting from the international treaty
which has been ratified by the Slovak Republic and promulgated in the manner
laid down
by a law, save another court shall decide on protection of these rights and
freedoms.
(2) If
the Constitutional Court accepts a complaint, it shall hold in its decision
that the
rights or freedoms according to paragraph 1 were infringed by a valid
decision,
measure or by other action and it shall cancel such a decision, measure or
other
action. If the infringement of rights or freedoms according to paragraph 1
emerges
from inactivity, the Constitutional Court may order the one who has infringed
these
rights or freedoms to act in the matter. The Constitutional Court may at the same
time
remand the matter for further proceedings, prohibit continuing in the infringement
of fundamental rights and freedoms or human rights and fundamental freedoms
resulting from the international treaty which has been ratified by the Slovak
Republic
and promulgated in the manner laid down by a law, or if possible, to order
the one
who has infringed the rights or freedoms according to paragraph 1 to reinstate
the
status before the infringement.
(3) The
Constitutional Court may, by the decision by which it allows a complaint,
award the one whose rights according to paragraph were infringed an
adequate
financial satisfaction.
(4) The
responsibility of the one who has infringed the rights or freedoms according
to paragraph 1, for the damage or other injury shall not be affected by the
judgement
of the Court.
Article
127a
(1) The
Constitutional Court shall decide on complaints of the bodies of territorial
self-administration against unconstitutional or unlawful decision or against
other
unconstitutional or unlawful action into the matters of self-administration, save
another
court shall decide on its protection.
(2) If
the Constitutional Court allows a complaint of a body of territorial selfadministration,
it shall
hold in what lies the unconstitutional or unlawful decision or other
unconstitutional or unlawful action into the matters of self-administration,
which
constitutional law or law has been infringed and by which decision or action
this
infringement took place. The Constitutional Court shall cancel the challenged
decision,
or if the infringement of the right lay in an action different than in a
decision,
it shall prohibit continuing of infringement of the right and shall order, if it
is
possible, to reinstate the status before the infringement.
Article
128
The
Constitutional Court shall give an interpretation of the Constitution or constitutional
law if the matter is disputable. The judgement of the Constitutional
Court on
the interpretation of the Constitution or constitutional law shall be promulgated
in the manner laid down for the promulgation of laws. The
interpretation
is generally binding from the date of its promulgation.
Article
129
(1) The
Constitutional Court shall decide on a complaint against decision verifying
or rejecting verification of the mandate of a Member of Parliament.
(2) The
Constitutional Court shall decide whether the election of the President of
the
Slovak Republic, the elections to the National Council of the Slovak Republic, and
the
elections to local self-administration bodies have been held in conformity with the
Constitution
and the law.
(3) The
Constitutional Court shall decide on complaints against the result of a referendum
and complaint against the result of a plebiscite on the recall of President
of the
Slovak Republic.
(4) The
Constitutional Court shall decide whether a decision dissolving a political
party or
movement or suspending political activities thereof is in conformity with the
constitutional
laws and other laws.
(5) The
Constitutional Court shall decide on a prosecution by the National Council
of the Slovak Republic against the President of the Slovak Republic in matters
of wilful
infringement of the Constitution or treason.
(6) The
Constitutional Court shall decide on whether a decision on declaring an exceptional
state or an emergency state and other decisions connected to this decision
were
issued in conformity with the Constitution and constitutional law.
(7) The
decisions of the Constitutional Court according to the preceding paragraphs
shall be binding for all bodies of public authority, natural persons or legal
persons
whom they concern. The respective body of public authority shall be
obliged,
without undue delay, to ensure their enforcement. Details shall be laid down by a
law.
Article
130
(1) The
Constitutional Court shall commence proceedings upon a motion submitted
by:
a) at
least one-fifth of all Members of Parliament,
b) the
President of the Slovak Republic,
c) the
Government of the Slovak Republic,
d) a
court,
e) the
Attorney General and
f)
everyone whose right is to be adjudicated in cases as provided in Arts. 127 and
127a,
(2) A law
shall lay down who is entitled to submit a motion for commencing the proceedings
under Art. 129.
Article
131
(1) The
Constitutional Court shall decide on plenary session in matters listed in
Art. 105
para. 2, Art. 107, Art. 125 para. 1 letters a) and b), Art. 125a para. 1, Art.
125b
para. 1, Art. 128, Art. 129 paras. 2 to 6, Art. 136 paras. 2 and 3, Art. 138
para. 2
letters b) and c), on unification of legal opinions of the panels of judges, on
regulations
of its internal relations and on draft budget of the Constitutional Court.
Plenary
session of the Constitutional Court shall decide by absolute majority of all
judges.
If this majority is not reached, the proposal shall be rejected.
(2) The
Constitutional Court shall decide on other matters in panels of three members .
A panel shall decide by absolute majority of its members.
Article
132
Repealed
Article
133
There is
no possibility of lodging an appeal against a decision of the Constitutional
Court.
Article
134
(1) The
Constitutional Court shall be composed of thirteen judges.
(2) The
judges of the Constitutional Court shall be appointed by the President of the
Slovak Republic for a twelve-year term on a proposal of the National Council of
the
Slovak Republic. The National Council of the Slovak Republic shall propose
double
the number of candidates for judges that shall be appointed by the President of
the
Slovak Republic.
(3) A
judge of the Constitutional Court must be a citizen of the Slovak Republic,
eligible
to be elected to the National Council of the Slovak Republic, not younger than
forty
years and a law-school graduate with fifteen years of experience in the legal
profession.
The same person cannot be re-appointed as a judge of the Constitutional Court
again.
(4) A
judge of the Constitutional Court shall take the following oath before the
President
of the Slovak Republic:
“I
swear on my honour and conscience that I will protect the inviolability of natural
human
rights and rights of a citizen, the principles of rule of law, uphold the
Constitution,
constitutional laws and international treaties that were ratified by the Slovak
Republic and were promulgated in the manner laid down by a law and decide cases to
the best of my abilities and conscience independently and impartially.”
(5)
Having taken this oath, the judge shall assume the judicial office.
Article
135
The head
of the Constitutional Court shall be the President, he or she may be substituted
by the Vice President. The President and the Vice President shall be appointed
by the President of the Slovak Republic from among the judges of the Constitutional
Court.
Article
136
(1) The
judges of the Constitutional Court shall enjoy the same immunity as Members
of Parliament.
(2) The
judges of the Constitutional Court may be prosecuted and held in a pretrial
detention
only with assent of the Constitutional Court.
(3) The
Constitutional Court shall give its assent to the criminal prosecution or a
pre-trial
detention of a judge and of the General Prosecutor. The Constitutional Court
shall
convene disciplinary proceedings regarding the Chief Justice of the Slovak
Republic,
the Deputy Chief Justice of the Slovak Republic and the General Prosecutor.
(4) If
the Constitutional Court refuses its consent, the prosecution or the pre-trial
detention
shall be precluded for the duration of the function of a Constitutional Court
judge,
the function of a judge or the function of the General Prosecutor.
Article
137
(1) An
appointed judge of the Constitutional Court shall renounce his or her membership
in a political party or a political movement prior to taking the oath.
(2) The
judges of the Constitutional Court shall hold their offices as a profession.
The
performance of this profession shall be incompatible with the post in another body
of public
authority, with public service relationship, with employment, with the similar
labour relation, with an entrepreneurial activity, with membership in governing
or control body of a legal person, which pursues an entrepreneurial activity
or with
another economic or gainful activities apart from the administration of his or
her own
property .”, and scientific, pedagogical, literary or artistic activity.
(3) On
the day when a judge assumes his or her judicial office, his or her mandate
of a Member of Parliament and membership in the Government of the
Slovak
Republic shall terminate.
Article
138
(1) A
judge of the Constitutional Court may resign from his or her office by written
notice addressed to the President of the Constitutional Court. In such case his
or her
function expires at the elapse of the month in which the written notice of his
resignation
has been delivered.
(2) The
President of the Slovak Republic shall recall a judge of the Constitutional
Court
a) on the
basis of a final condemning judgement for a wilful criminal offence or if he or she
was lawfully convicted of a criminal offence and the court did not
decide in
his or her case on probationary suspension of the imprisonment sentence,
b) on the
basis of disciplinary decision made by the Constitutional Court for a conduct
which is incompatible with holding the office of a judge of the
Constitutional
Court,
c) if the
Constitutional Court has announced that the judge does not participate in proceedings
of the Constitutional Court for over one year, or
d) if he
or she is not eligible for the National Council of the Slovak Republic.
Article
139
In the
case a judge of the Constitutional Court resigns from the office, or he or
she is
recalled, the President of the Slovak Republic shall appoint another judge for a
new term
from two nominees presented by the National Council of the Slovak Republic.
Article
140
The
details of the structure of and of proceedings before the Constitutional Court
and the
status of its judges shall be laid down by a law.
Section
Two
THE
COURTS OF THE SLOVAK REPUBLIC
Article
141
(1) The
judiciary in the Slovak Republic shall be administered by independent and
impartial courts .
(2) The
judiciary shall be independent of other state authorities at all levels.
Article
141a
The
Judiciary Council of the Slovak Republic
(1) The
Chairman of the Judiciary Council of the Slovak Republic is the Chief Justice
of the
Slovak Republic. Its other members are
a) eight
judges, who are elected and recalled by judges of the Slovak Republic,
b) three
members who are appointed and recalled by the National Council of the Slovak
Republic,
c) three
members who are appointed and recalled by the President of the Slovak
Republic,
d) three
members who are appointed and recalled by the Government of the Slovak Republic
(2) As a
member of the Judiciary Council of the Slovak Republic according to paragraph
1, letters b) to d) may be appointed person who is of impeccable
character
and has university education in law and at least 15 years of professional
practice.
(3) The
term of office of members of the Judicial Council of the Slovak Republic shall be
five years. The same person may be elected or appointed as a member of the
Judiciary Council for a maximum of two consecutive terms.
(4) Under
the authority of the Judiciary Council falls:
a) to
present to the President of the Slovak Republic proposals for candidates for
appointment
as judges, and proposals for recall of judges,
b) to
decide on the assignment or transfer of judges,
c) to
present to the President of the Slovak Republic proposals for appointment of the
Chief
Justice of the Slovak Republic and the Deputy Chief Justice of the Slovak
Republic,
and proposals for their recall,
d) to
present to the Government of the Slovak Republic proposals of candidates for
judges
who should act for the Slovak Republic in international judicial bodies,
e) to
elect and recall members of disciplinary senates and elect and recall chairmen
of
disciplinary senates,
f) to
comment on a proposal for the budget of courts of the Slovak Republic during
the
preparation of the proposal for the state budget,
g) other
activities if laid down by a law.
(5) The
adoption of a resolution of the Judicial Council of the Slovak Republic requires
consent of an absolute majority of all its members.
(6)
Details on the means of establishing members of the Judicial Council of the Slovak
Republic,
on its scope of powers, on organisation and on relations to bodies of judicial
administration and to bodies of judicial self-administration shall be laid down
by a law.
Article
142
(1) The
courts shall rule on civil and criminal matters and also review the legitimacy
of decisions made by bodies of public administration and legality of
decisions,
measures or other actions of bodies of public authority, if laid down by a
law.
(2) The
courts shall decide in panels save a law provides that a single judge shall
decide on the matter. A law shall lay down in which cases the lay judges from
the
citizenry shall participate in decision making of the panels and in which cases a
court
employee authorised by a judge can decide . A judicial remedy is admissible
against a
decision made by a court employee authorized by a judge, on which a judge shall
always decide.
(3)
Judgements shall be announced in the name of the Slovak Republic and always
publicly.
Article
143
(1) The
judicial system shall be composed of the Supreme Court of the Slovak Republic
and other courts.
(2)
Further details of the judicial system, jurisdiction of the courts, their structure,
and
procedural rules shall be laid down by a law.
(3) In an
extent laid down by a law, the bodies of judicial self-administration shall
participate in the management and administration of Courts.
Article
144
(1)
Judges, in the performance of their function, shall be independent and, in
decision
making shall be bound by the Constitution, by constitutional law, by
international
treaty pursuant to Art. 7, paras. 2 and 5, and by law.
(2) If a
Court assumes that other generally binding legal regulation, its part, or its
individual provisions which concern a pending matter contradicts the Constitution,
constitutional
law, international treaty pursuant to Art. 7, para. 5 or law, it shall suspend
the proceedings and shall submit a proposal for the commence of proceedings
according to Art. 125, para. 1. Legal opinion of the Constitutional Court of
the Slovak Republic contained in the decision shall be binding for the Court.
Article
145
(1) The
President of the Slovak Republic shall appoint and recall judges on the basis of
a proposal of the Judiciary Council of the Slovak Republic; they are appointed
without
time restrictions.
(2) A
citizen of the Slovak Republic who is eligible for election to the National
Council
of the Slovak Republic, has attained the age of 30 years and has a university
education
in law may be appointed a judge. A law shall lay down other conditions for
appointment
a judge and his or her promotion and also on the scope of immunity of judges.
(3) The
President of the Slovak Republic shall appoint the Chief Justice of the Slovak
Republic and the Deputy Chief Justice of the Slovak Republic
on a
proposal of the Judiciary Council of the Slovak Republic from judges of the
Supreme
Court of the Slovak Republic for five years. The same person may only be appointed
a Chief Justice of the Slovak Republic or a Deputy Chief Justice of the Slovak
Republic for two consecutive terms. Before the expiry of the term of office, the
President
of the Slovak Republic may recall the Chief Justice of the Slovak Republic
or Deputy
Chief Justice of the Slovak Republic for reasons set in Art.147.
(4) A
judge takes this oath before the President of the Slovak Republic: "I swear
on my
honour and conscience that I shall abide by the Constitution, constitutional laws,
international treaties, which were ratified by the Slovak Republic and were
promulgated
in the manner laid down by a law , and by laws; I shall interpret laws and
decide according to my profound convictions, independently and impartially.”
(5) Upon
taking this oath, a judge assumes his or her function.
Article
145a
(1) If an
appointed judge is a member of a political party or a political movement, he or she
shall be obliged to resign his or her membership in them prior to taking the
oath.
(2) A
judge shall perform the post as a profession. The discharge of a function of a
judge is incompatible with a post in any other public authority body, with a state
service
relationship, with an employment, or with a similar labour relation, with an
entrepreneurial
activity, with a membership in the governing or control body of a legal
person, which performs an entrepreneurial activity, or with other economic or
gainful
activity, other than the administration of his or her own property, scientific,
pedagogical,
literary or artistic activity, and with membership in the Judiciary Council
of the
Slovak Republic.”.
Article
146
A judge
may resign from his or her post by written notice to the President of the
Slovak Republic. His or her function, in such a case, shall expire at the elapse of
the
calendar month in which the notice of resignation from the function is delivered.
Article
147
(1) The
President of the Slovak Republic, on a proposal of the Judicial Council of
the
Slovak Republic shall recall a judge on the basis of a final condemning
judgement
for a wilful criminal offence, or if he or she was lawfully convicted of a
criminal offence and the court did not decide in his or her case on probationary
suspension
of serving of the imprisonment sentence, on the basis of a decision by a
disciplinary senate for an activity which is incompatible with the discharge of the
function
of judge, or if his or her eligibility for election to the National Council of the
Slovak
Republic has terminated.
(2) The
President of the Slovak Republic, on a proposal of the Judicial Council of
the
Slovak Republic may recall a judge
a) if his
long-term health condition does not, for at least one year, allow him to perform
his duties as a judge,
b) if he
has attained the age of 65 years.
Article
148
(1) A
judge may be transferred to another court only with his consent or on the basis of
a decision of the disciplinary senate.
(2) The
reasons for suspension of discharge of a judicial office, and conditions for
temporary suspension of the post of a judge or the temporary assignment of a
judge
shall be laid down by a law.
(3) The
manner of establishing the lay judges shall be laid down by a law.
TITLE
EIGHT
THE
OFFICE OF THE PUBLIC PROSECUTION OF THE SLOVAK REPUBLIC AND THE
PUBLIC DEFENDER OF RIGHTS
Section
One
THE
OFFICE OF THE PUBLIC PROSECUTION OF THE SLOVAK REPUBLIC
Article
149
Public
prosecution shall protect rights and interests protected by law of natural
and legal
persons and of the State.
Article
150
The
Office of the public prosecution shall be headed by the Attorney General who shall
be appointed and recalled by the President of the Slovak Republic on the proposal
of the National Council of the Slovak Republic.
Article
151
Further
details of the appointment, recall, powers and duties of public
prosecutors,
as well as the structure of the public prosecution shall be laid down by a
law.
Section
Two
PUBLIC
DEFENDER OF RIGHTS
Article
151a
(1) The Public
Defender of Rights is an independent body which in the scope and in manner laid
down by a law protects the fundamental rights and freedoms of natural persons
and legal entities in the proceedings, before public administration bodies and
other public bodies, if activities, decision making or inactivity of the bodies
are inconsistent with legal order. In cases laid down by a law the public
defender of rights can participate in calling the persons acting in public
bodies to responsibility, if the persons have violated fundamental right or
freedom of natural persons and legal entities. All public power bodies shall
provide the public defender of rights with needed co-action.
(2) The public
defender of rights can apply the Constitutional Court of the Slovak Republic for
commencement of proceedings according to Art. 125, if fundamental right or
freedom acknowledged for natural person or legal entity is violated by
a generally binding legal regulation.
(3) The public
defender of rights shall be elected by the National Council from among the
candidates proposed by at least 15 members of the National Council for a term of
office of 5 years. A person, who can be elected as public defender of rights,
must be a citizen of the Slovak Republic who can be elected as member of the
National Council of the Slovak Republic and has reached the age of 35 years by
the day of election. The public defender of rights may not be a member of a
political party or political movement,
(4) The function of
the public defender of rights shall terminate on the day of finality
of a judgment, whereby the public defender of rights was convicted of a willful
criminal offence or whereby he was convicted of a criminal offence and the court
did not decide his case on a probationary suspension of the imprisonment
sentence, or he lost eligibility for election.
(5) The National
Council of the Slovak Republic may recall the public defender of rights if his
long-term health condition, lasting for at least three months, does not allow
him to duly perform the duties arising from the function.
(6) Details of the
election and recall of the public defender of rights, his competence, conditions
of execution of the function, manner of legal protection, and on presentation
of proposals for commencement of proceedings before the Constitutional Court of
the Slovak Republic according to Art. 130 sect. 1, lett. f) and on application
of rights of natural persons and legal entities shall be specified by law.
TITLE
NINE
TRANSITORY
AND FINAL PROVISIONS
Article
152
(1)
Constitutional laws, laws and other generally binding legal regulations shall
remain in
force in the Slovak Republic unless they are in contradiction with this
Constitution.
They can be amended and repealed by the appropriate authorities of the Slovak
Republic.
(2) Laws
and other generally binding legal regulations promulgated in the Czech and
Slovak Federal Republic shall become void on the ninetieth day after the publication
of a decision made by the Constitutional Court of the Slovak Republic on their
invalidity and according to promulgation procedures laid down by a law.
(3) The
Constitutional Court of the Slovak Republic shall decide on invalidity of legal
regulations upon motion of persons laid down in Art. 130.
(4)
Constitutional laws, laws and other generally binding legal regulations shall
be
interpreted and applied in conformity with this Constitution.
Article
153
The
Slovak Republic shall be the successor to all the rights and duties resulting
from
international treaties binding on the Czech and Slovak Federal Republic to the
extent
laid down by a constitutional law of the Czech and Slovak Federal Republic
or to the
extent agreed between the Slovak Republic and the Czech Republic.
Article
154
(1) The
Slovak National Council elected under Art. 103 of the constitutional act No.
143/1968 Coll. on Czecho-Slovak federation in the wording of later regulations,
shall
discharge its function under the new name of the National Council of the Slovak
Republic
according to this Constitution. Its electoral term begins on the election date
of the
Slovak National Council.
(2) The
Government of the Slovak Republic appointed under Art.122, para. 1 letter a)
of the constitutional act No. 143/1968 Coll. on Czecho-Slovak federation in
the
wording of later regulations shall be deemed to be the Government appointed
under
this Constitution.
(3) The
Chief Justice of the Slovak Republic and the Attorney General of the Slovak
Republic appointed under the previous legislation shall remain in offices until
being
appointed under this Constitution.
(4)
Judges elected under the previous legislation, shall be deemed to have been
elected
to office without a time restriction under this Constitution.
Article
154a
According
to this constitutional act, the President of the National Council of the Slovak
Republic shall announce the election of a President of the Slovak Republic
within 30
days of the taking effect of a law promulgated pursuant to Art. 101, para.10.
Article
154b
(1) The
President of the Slovak Republic shall, on a proposal from the Judiciary
Council,
appoint a judge elected for four years before time of taking effect of this
constitutional
act, a judge without time restriction on the expiration of his or her term
of
office, even if he had, not attained the age of 30 years on the date of his or her
appointment.
(2)
Judges elected according to present regulations without time restriction shall
be
considered judges appointed according to this constitutional act.
(3) The
provisions of Art. 134, para. 2, first sentence, and para. 3, second sentence
shall not apply to Constitutional Court judges appointed before taking effect
of this
constitutional act.
Article
154c
(1)
International treaties on human rights and fundamental freedoms which the Slovak
Republic has ratified and were promulgated in the manner laid down by a law
before
taking effect of this constitutional act, shall be a part of its legal order and
shall
have precedence over laws if they provide a greater scope of constitutional
rights
and freedoms.
(2) Other
international treaties which the Slovak Republic has ratified and were promulgated
in the manner laid down by a law before taking effect of this
constitutional
act, shall be a part of its legal order, if so provided by a law.
Article
155
The
following laws are hereby repealed:
1. The
Slovak National Council constitutional act No. 50/1990 Coll. concerning the name,
the state emblem, and the state flag, the state seal and the national anthem
of the
Slovak Republic,
2. The
Slovak National Council constitutional act No. 79/1990 Coll. concerning the
number of deputies in the Slovak National Council, the solemn oath taken by the
deputies
of the Slovak National Council, members of the Government of the Slovak Republic
and the representatives in the National Committees and the official electoral
term of
the Slovak National Council.
3. The
Slovak National Council constitutional act No. 7/1992 Coll. on the Constitutional
Court of the Slovak Republic.
Article
156
The
Constitution of the Slovak Republic No. 466/1992 Coll. has entered into force on
the 1st of October 1992 except Art.3 para.2, Art. 23 para. 4 in the cases of
expelling
or extraditing an alien, Art. 53, 84 para. 3 in the case of war against another
state, Art. 86 letter k) and l), Art. 102 letter g) in the case of academic appointments
of
university professors, rectors of universities, appointment and promotion of military
generals,
letters j) and k), Art. 152 para. 1 second sentence, in the case of constitutional
laws, laws and other generally binding legal regulations issued by the competent
authorities in the Czech and Slovak Federal Republic which shall enter into
force
concurrently with the appropriate constitutional changes in the Czech and Slovak
Republic
in accordance with this Constitution. Constitutional
act No. 244/1998 Coll. has entered into force on the 5th of August 1998.
Constitutional
act No. 9/1999 Coll. has entered into force on the 27th of January
1999.
Constitutional
act No. 90/2001 Coll. shall enter into force on the 1st of July 2001
except Art.125a, Art. 127, Art.127a, Art. 134 paras. 1 and 3 and Art. 151a,
which
shall enter into force on the 1st of January 2002.