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-
- Constitution of the Slovak Republic
-
- passed by the Slovak National Council
- on 1 September and signed on 3 September 1991
-
- Preamble
-
- We, the Slovak nation, mindful of the political and cultural heritage of our
- forebears, and of the centuries of experience from the struggle for national
- existence and our own statehood, in the sense of the spiritual heritage of Cyril
- and Methodius and the historical legacy of the Great Moravian Empire, proceeding
- from 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 lasting peaceful cooperation with other democratic
- states, seeking the application of the democratic form of government and the
- guarantees of a free life and the development of spiritual culture and economic
- prosperity, that is, we, citizens of the Slovak Republic, adopt through our
- representatives the following Constitution:
-
- CHAPTER ONE
-
- Part One
-
- Basic Provisions
-
- Article 1
-
- The Slovak Republic is a sovereign, democratic, and law-governed state. It
- is not linked to any ideology or religious belief.
-
- Article 2
-
- (1) State power is derived from citizens, who execute it through their
- elected representatives or directly.
-
- (2) State bodies can act only on the basis of the Constitution, within its
- limits, and to the extent and in a manner defined by law.
-
- (3) Everyone can do what is not forbidden by law and no one must be forced to
- do anything that is not laid down by law.
-
- Article 3
-
- (1) The territory of the Slovak Republic is united and indivisible.
-
- (2) The borders of the Slovak Republic can be changed only by a
- constitutional law.
-
- Article 4
-
- Natural wealth, underground water, natural medicinal springs, and waterways
- are in the ownership of the Slovak Republic.
-
- Article 5
-
- (1) Conditions for the acquisition and loss of the citizenship of the Slovak
- Republic are determined by law.
-
- (2) No one must be deprived of the citizenship of the Slovak Republic against
- his will.
-
- Article 6
-
- (1) Slovak is the state language on the territory of the Slovak Republic.
-
- (2) The use of other languages in dealings with the authorities will be
- regulated by law.
-
- Article 7
-
- On the basis of its free decision, the Slovak Republic can enter into a state
- alliance [zvazok] with other states. The right to secession from this alliance
- must not be restricted. The decision on entering into a state alliance with
- other states or on secession from this alliance will be made by a constitutional
- law and a subsequent referendum.
-
- Article 8
-
- The state symbols of the Slovak Republic are the state emblem, the national
- flag, the state seal, and the national anthem.
-
- Article 9
-
- (1) The state emblem of the Slovak Republic is represented by a red early
- Gothic shield featuring a silver double cross on the middle of three blue
- symbolic mountain peaks.
-
- (2) The national flag of the Slovak Republic consists of three long bands --
- white, blue, and red. The front side of the national flag of the Slovak
- Republic features the state emblem of the Slovak Republic.
-
- (3) The state seal of the Slovak Republic is represented by the state emblem
- of the Slovak Republic, with the inscription "Slovak Republic" positioned in a
- circle around it.
-
- (4) The national anthem of the Slovak Republic is the first two stanzas of
- the song "Nad Tatrou sa blyska" [Lightning Flashes Over the Tatra Mountains].
-
- (5) Details concerning the state emblem, the national flag, the state seal,
- and the national anthem and their use will be set out in a law.
-
- Article 10
-
- (1) Bratislava is the capital of the Slovak Republic.
-
- (2) The status of Bratislava as the capital of the Slovak Republic will be
- set out in a law.
-
-
-
- CHAPTER TWO
-
- Basic Rights and Freedoms
-
- Part One
-
- General Provisions
-
- Article 11
-
- International treaties on human rights and basic liberties that were ratified
- by the Slovak Republic and promulgated in a manner determined by law take
- precedence over its own laws, provided that they secure a greater extent of
- constitutional rights and liberties.
-
- Article 12
-
- (1) People are free and equal in dignity and their rights. Basic rights and
- liberties are inviolable, inalienable, secured by law, and unchallengeable.
-
- (2) Basic rights and liberties on the territory of the Slovak Republic are
- guaranteed to everyone regardless of sex, race, color of skin, language, creed
- and religion, political or other beliefs, national or social origin, affiliation
- to a nation or ethnic group, property, descent, or another status. No one must
- be harmed, preferred, or discriminated against on these grounds.
-
- (3) Everyone has the right to freely decide on his nationality. Any
- influence on this decision and any form of pressure aimed at assimilation are
- forbidden.
-
- (4) No one must be restricted in his rights because he upholds his basic
- rights and liberties.
-
- Article 13
-
- (1) Duties can be imposed only on the basis of law, within its limits, and
- while complying with basic rights and liberties.
-
- (2) Limits to basic rights and liberties can be set only by law, under
- conditions laid down in this Constitution.
-
- (3) Legal restrictions of constitutional rights and liberties must apply
- equally to all cases that meet the set conditions.
-
- (4) When restricting constitutional rights and liberties, attention must be
- paid to their essence and meaning. These restrictions must not be used for any
- other than the set purpose.
-
-
- Part Two
-
- Basic Human Rights and Liberties
-
- Article 14
-
- Everyone is worthy of having rights.
-
- Article 15
-
- (1) Everyone has the right to life. Human life is worthy of protection even
- prior to birth.
-
- (2) No one must be deprived of life.
-
- (3) Capital punishment is not permitted.
-
- (4) If someone was deprived of life as a result of an action that does not
- represent a criminal act, this does not constitute a violation of rights
- according to this article.
-
- Article 16
-
- (1) The inviolability of the person and its privacy is guaranteed. It can
- be limited only in cases defined by law.
-
- (2) No one must be tortured or subjected to cruel, inhuman, or humiliating
- treatment or punishment.
-
- Article 17
-
- (1) Personal freedom is guaranteed.
-
- (2) No one must be prosecuted or deprived of freedom other than for reasons
- and in a manner defined by law. No one must be deprived of freedom solely
- because of his inability to comply with a contractual obligation.
-
- (3) A person accused or suspected of a criminal act can be detained only in
- cases defined by law. The detained person must be immediately informed of the
- reasons for the detainment, interrogated, and either released or brought before
- the court within 24 hours at the latest. The judge must question the detainee
- within 24 hours of taking over the case and decide on his or her custody or
- release.
-
- (4) An accused person may be arrested only on the basis of a written,
- substantiated court warrant. The arrested person must be brought before the
- court within 24 hours. The judge must question the arrested person within 24
- hours of taking over the case and decide on his or her custody or release.
-
- (5) A person can be taken into custody only for reasons and for a period
- defined by law and on the basis of a court ruling.
-
- (6) The law will specify in which cases a person can be admitted to, or kept
- in, institutional health care without his or her consent. Such a measure must
- be reported within 24 hours to the court, which will then decide on this
- placement within five days.
-
- (7) The mental state of a person accused of criminal activity can be examined
- only on the basis of the court's written order.
-
- Article 18
-
- (1) No one must be subjected to forced labor or services.
-
- (2) The provision of section 1 does not apply to
-
- a) work assigned according to the law to persons serving a prison term or
- some other punishment substituting for a prison term,
-
- b) military service or some other service assigned by law in lieu of
- compulsory military service,
-
- c) services required on the basis of the law in the event of natural
- catastrophes, accidents, or other dangers posing a threat to life, health, or
- property of great value,
-
- d) activities laid down by law to protect life, health, or the rights of
- others.
-
- Article 19
-
- (1) Everyone has the right to the preservation of his human dignity and
- personal honor, and the protection of his good name.
-
- (2) Everyone has the right to protection against unwarranted interference in
- his private and family life.
-
- (3) Everyone has the right to protection against the unwarranted collection,
- publication, or other illicit use of his personal data.
-
- Article 20
-
- (1) Everyone has the right to own property. The ownership right of all
- owners has the same legal content and deserves the same protection. Inheritance
- of property is guaranteed.
-
- (2) The law will specify which property other than property listed in Article
- 4 that is essential to meet the needs of society, the development of the
- national economy, and public interest can be owned only by the state, community,
- or designated juridical persons. The law can also specify that certain property
- can be owned only by citizens or juridical persons resident in the Slovak
- Republic.
-
- (3) Ownership is binding. It must not be misused to the detriment of others
- or at variance with general interests protected by law. By exercising
- ownership, no harm must be done to human health, nature, cultural monuments, and
- the environment beyond limits set by law.
-
- (4) Expropriation or enforced restriction of the ownership right is
- admissible only to the extent that it is unavoidable and in the public interest,
- on the basis of law, and in return for adequate compensation.
-
- Article 21
-
- (1) A person's home is inviolable. It must not be entered without the
- resident's consent.
-
- (2) A house search is admissible only in connection with criminal proceedings
- and only on the basis of the judge's written and substantiated order. The
- method of carrying out a house search will be set out in a law.
-
- (3) Other infringements upon the inviolability of one's home can be permitted
- by law only if this is inevitable in a democratic society in order to protect
- people's lives, health, or property, to protect the rights and liberties of
- others, or to ward off a serious threat to public order. If the home is used
- also for business or to perform some other economic activity, such infringements
- can be permitted by law also when this is unavoidable in meeting the tasks of
- public administration.
-
- Article 22
-
- (1) The privacy of correspondence and secrecy of mailed messages and other
- written documents and the protection of personal data are guaranteed.
-
- (2) No one must violate the privacy of correspondence and the secrecy of
- other written documents and records, whether they are kept in privacy or sent
- by mail or in another way, with the exception of cases to be set out in a law.
- Equally guaranteed is the secrecy of messages conveyed by telephone, telegraph,
- or other similar means.
-
- Article 23
-
- (1) Freedom of movement and of abode are guaranteed.
-
- (2) Everyone who is rightfully staying on the territory of the Slovak
- Republic has the right to freely leave this territory.
-
- (3) Freedoms according to sections 1 and 2 can be restricted by law if it is
- unavoidable for the security of the state, to maintain public order, protect the
- health and the rights and liberties of others, and, in designated areas, also
- for reasons of environmental protection.
-
- (4) Every citizen has the right to freely enter the territory of the Slovak
- Republic. A citizen must not be forced to leave his homeland and he must not be
- deported or extradited.
-
- (5) A foreign national can be deported only in cases specified by law.
-
- Article 24
-
- (1) The freedoms of thought, conscience, religion, and faith are guaranteed.
- This right also comprises the possibility to change one's religious belief or
- faith. Everyone has the right to be without religious belief. Everyone has the
- right to publicly express his opinion.
-
- (2) Everyone has the right to freely express his religion or faith on his own
- or together with others, privately or publicly, by means of divine and religious
- services, by observing religious rites, or by participating in the teaching of
- religion.
-
- (3) Churches and religious communities administer their own affairs. In
- particular, they constitute their own bodies, inaugurate their clergymen,
- organize the teaching of religion, and establish religious orders and other
- church institutions independently of state bodies.
-
- (4) Conditions for exercising rights according to sections 1 to 3 can be
- limited only by law, if such a measure is unavoidable in a democratic society to
- protect public order, health, morality, or the rights and liberties of others.
-
- Article 25
-
- (1) The defense of the Slovak Republic is a matter of honor for each citizen.
-
- (2) No one must be forced to perform military service if this runs counter to
- his conscience or religious belief. The details will be specified in a law.
-
-
- Part Three
-
- Political Rights
-
- Article 26
-
- (1) The freedom of speech and the right to information are guaranteed.
-
- (2) Everyone has the right to express his views in word, writing, print,
- picture, or other means as well as the right to freely seek out, receive, and
- spread ideas and information without regard for state borders. The issuing of
- press is not subject to licensing procedures. Enterprise in the fields of radio
- and television may be pegged to the awarding of an authorization from the state.
- The conditions will be specified by law.
-
- (3) Censorship is banned.
-
- (4) The freedom of speech and the right to seek out and spread information
- can be restricted by law if such a measure is unavoidable in a democratic
- society to protect the rights and liberties of others, state security, public
- order, or public health and morality.
-
- (5) State bodies and territorial self-administration bodies are under an
- obligation to provide information on their activities in an appropriate manner
- and in the state language. The conditions and manner of execution will be
- specified by law.
-
- Article 27
-
- (1) The right of petition is guaranteed. Everyone has the right, alone or
- with others, to address requests, proposals, and complaints to state bodies and
- territorial self-administration bodies in matters of public or other common
- interest.
-
- (2) A petition must not be used to call for the violation of basic rights and
- liberties.
-
- (3) A petition must not interfere with the independence of a court.
-
- Article 28
-
- (1) The right to assemble peacefully is guaranteed.
-
- (2) Conditions for exercising this right will be set out in a law in the
- event of assemblies in public places, if such a measure is unavoidable in a
- democratic society to protect the rights-and liberties of others, public order,
- health and morality, property, or the security of the state. An assembly must
- not be made conditional on the issuance of an authorization by a state
- administration body.
-
- Article 29
-
- (1) The right to freely associate is guaranteed. Everyone has the right to
- associate with others in clubs, societies, or other associations.
-
- (2) Citizens have the right to establish political parties and political
- movements and to associate in them.
-
- (3) The enactment of rights according to sections 1 and 2 can be restricted
- only in cases specified by law, if this is unavoidable in a democratic society
- for reasons of state security, to protect public order, to forestall criminal
- acts, or to protect the rights and liberties of others.
-
- (4) Political parties and political movements, as well as clubs, societies,
- and other associations are separated from the state.
-
- Article 30
-
- (1) Citizens have the right to participate in the administration of public
- affairs either directly or through the free election of their representatives.
-
- (2) Elections must be held within deadlines that do not exceed the regular
- electoral period as defined by law.
-
- (3) The right to vote is universal, equal, and direct and is exercised by
- means of secret ballot. Conditions for exercising the right to vote will be set
- out in a law.
-
- (4) Citizens have access to elected and other public posts under equal
- conditions.
-
- Article 31
-
- The legal definition of all political rights and liberties and their
- interpretation and use must enable and protect the free competition of political
- forces in a democratic society.
-
- Article 32
-
- Citizens have the right to put up resistance to anyone who would eliminate
- the democratic order of human rights and basic liberties listed in this
- Constitution, if the activity of constitutional bodies and the effective use of
- legal means are rendered impossible.
-
- Part Four
-
- The Rights of National Minorities and Ethnic Groups
-
- Article 33
-
- Membership of any national minority or ethnic group must not be to anyone's
- detriment.
-
- Article 34
-
- (1) The comprehensive development of citizens representing national
- minorities or ethnic groups in the Slovak Republic is guaranteed, particularly
- the right to develop their own culture, together with other members of the
- minority or ethnic group, the right to disseminate and receive information in
- their mother tongue, the right to associate in national minority associations,
- and the right to set up and maintain educational and cultural institutions.
- Details will be set out in a law.
-
- (2) In addition to the right to master the state language, citizens belonging
- to national minorities or ethnic groups also have, under conditions defined by
- law, a guaranteed
-
- a) right to education in their own language,
-
- b) right to use their language in dealings with the authorities,
-
- c) right to participate in the solution of affairs concerning national
- minorities and ethnic groups.
-
- (3) The enactment of the rights of citizens belonging to national minorities
- and ethnic groups that are guaranteed in this Constitution must not be conducive
- to jeopardizing the sovereignty and territorial integrity of the Slovak Republic
- or to discrimination against its other inhabitants.
-
- Part Five
-
- Economic, Social, and Cultural Rights
-
- Article 35
-
- (1) Everyone has the right to a free choice of profession and to training for
- it, as well as the right to engage in entrepreneurial or other gainful activity.
-
- (2) Conditions and restrictions with regard to the execution of certain
- professions or activities can be specified by law.
-
- (3) Citizens have the right to work. Citizens who are unable to exercise
- this right through no fault of their own are provided for materially by the
- state to an appropriate extent. The conditions will be defined by law.
-
- (4) A different regulation of rights listed under sections 1 through 3 can be
- specified by law for foreign nationals.
-
- Article 36
-
- Employees have the right to equitable and adequate working conditions. The
- law guarantees, above all
-
- a) the right to remuneration for work done, sufficient to ensure the
- employee's dignified standard of living,
-
- b) protection against arbitrary dismissal and discrimination at the place of
- work,
-
- c) labor safety and the protection of health at work,
-
- d) the longest admissible working time,
-
- e) adequate rest after work,
-
- f) the shortest admissible period of paid leave,
-
- g) the right to collective bargaining.
-
- Article 37
-
- (1) Everyone has the right to freely associate with others in order to
- protect his economic and social interests.
-
- (2) Trade union organizations are established independently of the state. It
- is inadmissible to limit the number of trade union organizations, in the same
- way as it is inadmissible to give some of them a preferential status, be it in
- an enterprise or a branch of the economy.
-
- (3) The activity of trade union organizations and the founding and operation
- of other associations protecting economic and social interests can be restricted
- by law if such a measure is unavoidable in a democratic society to protect the
- security of the state, public order, or the rights and liberties of others.
-
- (4) The right to strike is guaranteed. The conditions will be defined by
- law. This right does not extend to judges, prosecutors, members of the armed
- forces and armed corps, and members of the fire brigades.
-
- Article 38
-
- (1) Women, minors, and persons with impaired health are entitled to an
- enhanced protection of their health at work as well as to special working
- conditions.
-
- (2) Minors and persons with impaired health are entitled to special
- protection in labor relations as well as to assistance in professional training.
-
- (3) Details concerning rights listed in sections 1 and 2 will be set out in a
- law.
-
- Article 39
-
- (1) Citizens have the right to adequate material provision in old age, in the
- event of work disability, as well as after losing their provider.
-
- (2) Everyone who is in material need is entitled to assistance necessary to
- ensure basic living conditions.
-
- (3) Details concerning rights listed in sections 1 and 2 will be set out in a
- law.
-
- Article 40
-
- Everyone has a right to the protection of his health. Based on public
- insurance, citizens have the right to free health care and to medical supplies
- under conditions defined by law.
-
- Article 41
-
- (1) Marriage, parenthood, and the family are under the protection of the law.
- The special protection of children and minors is guaranteed.
-
- (2) Special care, protection in labor relations, and adequate working
- conditions are guaranteed to women during the period of pregnancy.
-
- (3) Children born in and out of wedlock enjoy equal rights.
-
- (4) Child care and the upbringing of children are among the rights of
- parents; children have the right to parental care and upbringing. Parents'
- rights can be restricted and minors can be separated from their parents against
- their will only by means of a court ruling based on the law.
-
- (5) Parents caring for children are entitled to assistance from the state.
-
- (6) Details concerning rights listed in sections 1 through 5 will be set out
- in a law.
-
- Article 42
-
- (1) Everyone has the right to education. School attendance is compulsory.
- Its period and age limit will be defined by law.
-
- (2) Citizens have the right to free education at primary and secondary
- schools and, based on their abilities and society's resources, also at higher
- educational establishments.
-
- (3) Schools other than state schools may be established, and instruction in
- them provided, only under conditions defined by law. Such schools may charge a
- tuition fee.
-
- (4) A law will specify under which conditions citizens who are engaged in
- studies are entitled to assistance from the state.
-
- Article 43
-
- (1) Freedom of scientific research and in art are guaranteed. The rights to
- the results of creative intellectual activity are protected by law.
-
- (2) The right of access to the cultural heritage is guaranteed under
- conditions defined by law.
-
- Part Six
-
- The Right to the Protection of the Environment and the Cultural Heritage
-
- Article 44
-
- (1) Everyone has the right to an auspicious environment.
-
- (2) Everyone is obliged to protect and enhance the environment and the
- cultural heritage.
-
- (3) No one must endanger or damage the environment, natural resources, and
- the cultural heritage beyond the extent established by law.
-
- (4) The state looks after an economical use of natural resources, ecological
- balance, and effective environmental care.
-
- Article 45
-
- Everyone has the right to timely and complete information about the state of
- the environment and the causes and consequences of its condition.
-
- Part Seven
-
- The Right to Protection by the Court and Other Legal Protection
-
- Article 46
-
- (1) Everyone may claim by the established legal procedure his right to an
- independent and impartial court hearing and, in cases designated by law, to
- another body of the Slovak Republic.
-
- (2) Anyone who claims to have been deprived of his rights by a decision of a
- public administration body may appeal to the court for it to reexamine the
- lawfulness of that decision, unless specified otherwise by law. The
- reexamination of decisions concerning basic rights and liberties must not,
- however, be excluded from the court's authority.
-
- (3) Everyone is entitled to compensation for damage incurred as a result of
- an unlawful decision by a court or another state or public administration body,
- or as a result of an incorrect official procedure.
-
- (4) Conditions and details concerning court and other legal protection will
- be set out in a law.
-
- Article 47
-
- (1) Everyone has the right to refuse to testify if, by doing so, he might
- expose himself or a person close to him to the risk of criminal prosecution.
-
- (2) Everyone has the right to legal assistance in court proceedings or
- proceedings before other state or public administration bodies. He has this
- right from the very start of the proceedings, under conditions defined by law.
-
- (3) All participants in proceedings according to section 2 are equal.
-
- (4) Anyone who declares that he does not have a command of the language in
- which the proceedings according to section 2 are conducted has the right to an
- interpreter.
-
- Article 48
-
- (1) No one must be removed from the jurisdiction of his law-assigned judge.
- The jurisdiction of the court is established by law.
-
- (2) Everyone has the right to have his case tried in public, without needless
- procrastination, and in his presence and to deliver his opinion on all pieces of
- evidence. The public can be excluded only in cases specified by law.
-
- Article 49
-
- Only the law established which conduct constitutes a criminal act and what
- punishment or other form of deprivation of rights or property may be inflicted
- upon those who committed it.
-
- Article 50
-
- (1) Only the court shall decide on guilt and punishment for criminal acts.
-
- (2) Every defendant is considered innocent until the court establishes his
- guilt by means of a legally valid verdict.
-
- (3) The accused has the right to be granted the time and opportunity to
- prepare his defense, either himself or through a defense counsel.
-
- (4) The defendant has the right to refuse to testify and must not be denied
- this right under any circumstances.
-
- (5) No one must be made criminally liable for a deed for which he has already
- been sentenced or of which he has already been acquitted in a legally valid
- manner. This principle does not rule out the application of extraordinary
- corrective means in harmony with the law.
-
- (6) The criminal liability of a deed is assessed, and punishment is meted
- out, according to the law valid at the time when the offense was committed. A
- more recent law will be applied if it is more favorable for the perpetrator.
-
-
- Part Eight
-
- Common Provisions for Chapters One and Two
-
- Article 51
-
- The rights listed under Article 35, Article 36, Article 37 section 4,
- Articles 38 through 42, and Articles 44 through 46 of this Constitution can be
- claimed only within the limits of the laws that execute those provisions.
-
- Article 52
-
- (1) Wherever the term "citizen" is used in Chapters One and Two of this
- Constitution, this is understood to mean citizen of the Slovak Republic.
-
- (2) Foreign nationals enjoy in the Slovak Republic basic human rights and
- liberties guaranteed by this Constitution, unless these are expressly granted
- only to citizens.
-
- (3) Wherever the term "citizen" is used in previous legal regulations, this
- is understood to mean every person, wherever this concerns the rights and
- liberties that this Constitution extends regardless of citizenship.
-
- Article 53
-
- The Slovak Republic grants asylum to foreign nationals persecuted for
- upholding political rights and liberties. Asylum may be denied to those who
- acted at variance with basic human rights and liberties. Details will be
- defined by law.
-
- Article 54
-
- The law may restrict the right of judges and prosecutors to engage in
- entrepreneurial and other activity and the right listed under Article 29 section
- 2; the right of employees of state administration bodies and territorial
- self-administration bodies in designated functions listed under Article 37
- section 4; and the rights of members of armed forces and armed corps listed
- under Articles 27 and 28, if these are related to the execution of their duties.
- The law may restrict the right to strike for persons in professions that are
- vital for the protection of life and health.
-
-
- CHAPTER THREE
-
- Part One
-
- The Economy of the Slovak Republic
-
- Article 55
-
- (1) The economy of the Slovak Republic is based on the principles of a
- socially and ecologically oriented market economy.
-
- (2) The Slovak Republic protects and promotes economic competition. Details
- will be set out in a law.
-
- Article 56
-
- The Slovak Republic establishes a bank of issue. Details will be set out in
- a law.
-
- Article 57
-
- The Slovak Republic is a customs territory.
-
- Article 58
-
- (1) The financial management of the Slovak Republic is administered by its
- state budget. The state budget is adopted by means of a law.
-
- (2) State budget revenues, the rules of budget economy, and the relationship
- between the state budget and the budgets of territorial units will be set out in
- a law.
-
- (3) Special-purpose funds linked to the state budget of the Slovak Republic
- are established by law.
-
- Article 59
-
- (1) There exist state and local taxes and fees.
-
- (2) Taxes and fees may be levied by law or on the basis of a law.
-
- Part Two
-
- Supreme Control Office of the Slovak Republic
-
- Article 60
-
- The Supreme Control Office of the Slovak Republic is an independent body
- carrying out control of the management of budgetary resources, state property,
- property rights, and state claims.
-
- Article 61
-
- (1) The Supreme Control Office is headed by a chairman. The chairman and
- deputy chairmen of the Supreme Control Office are elected and recalled by the
- National Council of the Slovak Republic.
-
- (2) Any citizen of the Slovak Republic who may be elected to the National
- Council of the Slovak Republic may be elected chairman of the Supreme Control
- Office.
-
- (3) The same person may be elected chairman of the Supreme Control Office for
- a maximum of two consecutive five-year terms.
-
- (4) The posts of chairman and deputy chairmen of the Supreme Control Office
- are incompatible with any other post in state bodies, territorial
- self-administration bodies, or bodies of juridical persons engaged in
- entrepreneurial activity.
-
- Article 62
-
- The Supreme Control Office submits reports on the results of its inquiries to
- the National Council of the Slovak Republic at least once a year and whenever
- requested to do so by the National Council of the Slovak Republic.
-
- Article 63
-
- The sphere of competence, powers, and internal organizational structure of
- the Supreme Control Office will be set out in a law.
-
- CHAPTER FOUR
-
- Territorial Self-Administration
-
- Article 64
-
- (1) The community is the basic element of territorial self-administration.
-
- (2) The community is an independent territorial and administrative unit of
- the Slovak Republic comprising persons who are permanently resident on its
- territory.
-
- (3) The self-administration of higher territorial units and their bodies will
- be established by law.
-
- Article 65
-
- (1) The community is a juridical person that, under conditions set out in a
- law, independently manages its own property and financial resources.
-
- (2) The community finances its needs, first and foremost, from its own
- revenues, as well as from state subsidies. The law specifies which taxes and
- fees represent communities' revenue. State subsidies may be claimed only within
- the limits of the law.
-
- Article 66
-
- The community has the right to pool its resources with those of other
- communities in the interest of ensuring matters of common interest.
-
- Article 67
-
- The community decides independently in matters of local self-administration.
- Duties and restrictions may be imposed on it only by the law. Territorial
- self-administration is enacted at meetings of community residents, by means of a
- local referendum, or through community bodies.
-
- Article 68
-
- The community may issue generally binding decrees in matters of local
- self-administration.
-
- Article 69
-
- (1) Community bodies are
-
- a) the community representative body
-
- b) the mayor
-
- (2) The community representative body is composed of deputies to the
- community representative body. Elections of deputies to community
- representative bodies are held by secret ballot, on the basis of a general,
- equal, and direct right to vote.
-
- (3) The mayor is elected by citizens of the community by secret ballot, on
- the basis of a general, equal, and direct right to vote. The mayor of a
- community constitutes the community's executive body. He executes community
- administration and represents the community outwardly.
-
- Article 70
-
- The prerequisites for a community to be declared a town, and the method of
- doing so, will be defined by law, which will also designate the names of town
- bodies.
-
- Article 71
-
- (1) The execution of designated tasks of local state administration can be
- transferred by law to the community. The cost of the execution of state
- administration transferred in this manner will be covered by the state.
-
- (2) In executing state administration, the community may, on the basis of the
- law, issue decrees that are generally binding within its area of jurisdiction,
- if empowered to do so by the law. The execution of state administration
- transferred to the community is steered by law and controlled by the Government.
- Details will be specified in a law.
-
-
- CHAPTER FIVE
-
- Legislative Power
-
- Part One
-
- The National Council of the Slovak Republic
-
- Article 72
-
- The National Council of the Slovak Republic is the sole constituent and
- legislative body of the Slovak Republic.
-
- Article 73
-
- (1) The National Council of the Slovak Republic has 150 deputies who are
- elected for a four-year period.
-
- (2) Deputies are representatives of citizens. They execute their mandate
- personally according to their conscience and conviction and are not bound by
- orders.
-
- Article 74
-
- (1) Deputies are elected by secret ballot in general, equal, and direct
- elections.
-
- (2) A citizen who has the right to vote, has reached the age of 21, and is
- permanently resident on the territory of the Slovak Republic can be elected
- deputy.
-
- (3) Details concerning the election of deputies will be set out in a law.
-
- Article 75
-
- (1) The deputy is sworn in at the first meeting of the National Council of
- the Slovak Republic in which he participates, by taking the following oath:
-
- "I promise by my honor and conscience to be faithful to the Slovak Republic.
- I will fulfill my duties in the interest of its citizens. I will observe the
- Constitution and other laws and work toward their translation into life."
-
- (2) Refusing to take this oath, or taking it with reservations, results in
- the loss of mandate.
-
- Article 76
-
- The validity of the election of deputies is verified by the National Council
- of the Slovak Republic.
-
- Article 77
-
- (1) The post of deputy is incompatible with the post of president, judge,
- prosecutor, member of the Police Corps, member of the Prison Guard Corps, and
- professional soldier.
-
- (2) If a deputy is appointed member of the Government of the Slovak Republic,
- his mandate as a deputy does not cease while he executes the government post,
- but is just not being exercised.
-
- Article 78
-
- (1) A deputy cannot be made criminally liable because of his voting in the
- National Council of the Slovak Republic or its bodies, which applies also to the
- period after the expiry of his mandate. For statements made in the National
- Council of the Slovak Republic or its bodies while discharging the functions of
- a deputy, a deputy is answerable to the disciplinary powers of the National
- Council of the Slovak Republic.
-
- (2) No criminal or disciplinary proceedings can be initiated against a
- deputy, and he cannot be taken into custody, without the consent of the National
- Council of the Slovak Republic. If the National Council of the Slovak Republic
- denies its consent, prosecution is ruled out forever.
-
- (3) If a deputy has been caught and detained while committing a criminal
- offense, the relevant authority is obliged to report this immediately to the
- chairman of the National Council of the Slovak Republic. Unless the Mandate and
- Immunity Committee of the National Council of the Slovak Republic gives its
- consent to the detainment, the deputy must be released immediately.
-
- Article 79
-
- A deputy may refuse to testify in matters about which he learned while
- discharging his office, even after he ceases to be a deputy.
-
- Article 80
-
- (1) A deputy may address an interpellation to the Government of the Slovak
- Republic, a member of the Government of the Slovak Republic, or the head of
- another central body of state administration concerning matters within their
- jurisdiction. The deputy must receive a reply within 30 days.
-
- (2) The reply to an interpellation shall become the subject of a debate in
- the National Council of the Slovak Republic that may be linked with a vote of
- confidence.
-
- Article 81
-
- (1) A deputy may surrender the post of deputy.
-
- (2) The mandate of a deputy shall expire if the deputy is sentenced in a
- legally valid way for a particularly grave deliberate criminal act.
-
- Article 82
-
- (1) The National Council of the Slovak Republic holds permanent sessions.
-
- (2) The constituent meeting of the National Council of the Slovak Republic is
- called by the president of the Slovak Republic within 30 days after the
- announcement of election results. If he fails to do so, the National Council of
- the Slovak Republic convenes on the 30th day after the announcement of the
- election results.
-
- (3) The National Council of the Slovak Republic may interrupt its session by
- means of a resolution. The length of interruption must not exceed four months
- in a year. The chairman, deputy chairmen, and bodies of the National Council of
- the Slovak Republic perform their duties while the National Council of the
- Slovak Republic is in recess.
-
- (4) While the session is interrupted, the chairman of the National Council of
- the Slovak Republic may call a meeting of the National Council of the Slovak
- Republic even prior to the set date. He will call a meeting whenever requested
- to do so by the Government of the Slovak Republic or at least one-fifth of the
- deputies.
-
- (5) The session of the National Council of the Slovak Republic ends with the
- expiration of the electoral term or with its dissolution.
-
- Article 83
-
- (1) Meetings of the National Council of the Slovak Republic are called by its
- chairman.
-
- (2) The chairman of the National Council of the Slovak Republic shall call a
- meeting of the National Council of the Slovak Republic also when requested to do
- so by at least one-fifth of its deputies. In that case he will call a meeting
- within seven days.
-
- (3) Meetings of the National Council of the Slovak Republic are public.
-
- (4) Non-public meetings can be held only in cases specified by law or on the
- basis of a decision by three-fifths of all deputies of the National Council of
- the Slovak Republic.
-
- Article 84
-
- (1) The National Council of the Slovak Republic has a quorum if more than
- one-half of all its deputies are present.
-
- (2) For a resolution of the National Council of the Slovak Republic to be
- valid, it must be passed by more than one-half of the deputies present, unless
- specified otherwise by this Constitution.
-
- (3) The agreement of at least a three-fifths majority of all deputies is
- required to pass and amend the Constitution and constitutional laws, to elect
- and recall the president, and to declare war on another state.
-
- Article 85
-
- At the request of the National Council of the Slovak Republic or its body, a
- member of the Government of the Slovak Republic or head of another body of state
- administration must participate in its meeting or in the meeting of its body.
-
- Article 86
-
- The jurisdiction of the National Council of the Slovak Republic comprises,
- above all:
-
- a) deciding upon the Constitution and constitutional and other laws and
- controlling compliance with them,
-
- b) electing and recalling the president of the Slovak Republic by secret
- ballot,
-
- c) approving by means of a constitutional law a treaty on the Slovak
- Republic's entering into an alliance with other states and on its abrogation of
- such a treaty,
-
- d) deciding on proposals to call a referendum,
-
- e) voicing consent, prior to ratification, with the conclusion of
- international political treaties, international economic treaties of a general
- nature, as well as with international treaties whose execution requires the
- passing of a law,
-
- f) establishing ministries and other state administration bodies by means of
- law,
-
- g) discussing the policy statement of the Government of the Slovak Republic,
- controlling the Government's activity, and passing a vote of confidence in the
- Government or its members,
-
- h) approving the state budget, checking on its fulfillment, and approving the
- state closing account,
-
- i) discussing basic domestic, international, economic, social, and other
- political issues,
-
- j) electing judges, the chairman and deputy chairman of the Supreme Court of
- the Slovak Republic, the chairman and deputy chairman of the Constitutional
- Court of the Slovak Republic, and the chairman and deputy chairman of the
- Supreme Control Office of the Slovak Republic.
-
- k) deciding on the declaration of war if the Slovak Republic is attacked or
- as a result of commitments arising from international treaties on common defense
- against aggression,
-
- l) expressing consent to sending armed forces outside the territory of the
- Slovak Republic.
-
- Article 87
-
- (1) Bills can be tabled by committees of the National Council of the Slovak
- Republic, deputies, and the Government of the Slovak Republic.
-
- (2) Laws of the National Council of the Slovak Republic are signed by the
- chairman of the National Council of the Slovak Republic, the president of the
- Slovak Republic, and the prime minister of the Slovak Republic.
-
- (3) If the president of the Slovak Republic returns a constitutional or other
- law with comments, the National Council of the Slovak Republic will discuss the
- constitutional or other law again and, in the event of its approval, such a law
- must be promulgated.
-
- (4) The president of the Slovak Republic will return a law with comments, in
- line with section 3, whenever requested to do so by the Government of the Slovak
- Republic.
-
- (5) A law becomes valid with its promulgation. Details will be set out in a
- law.
-
- Article 88
-
- (1) The motion to pass a vote of no-confidence in the Government of the
- Slovak Republic or a member of it will be discussed by the National Council of
- the Slovak Republic if requested by at least one-fifth of its deputies.
-
- (2) The consent of more than 50 percent of all deputies is required to pass a
- vote of no-confidence in the Government of the Slovak Republic or a member of
- it.
-
- Article 89
-
- (1) The chairman of the National Council of the Slovak Republic is elected
- and recalled by the National Council of the Slovak Republic by secret ballot, by
- more than 50 percent of the votes of all deputies. The chairman is accountable
- only to the National Council of the Slovak Republic.
-
- (2) The chairman of the National Council of the Slovak Republic
-
- a) calls and chairs meetings of the National Council of the Slovak Republic,
-
- b) signs the Constitution, constitutional laws, and other laws,
-
- c) takes the oath from deputies of the National Council of the Slovak
- Republic,
-
- d) takes the oath from the president of the Slovak Republic,
-
- e) takes the oath from judges, the chairman of the Supreme Court of the
- Slovak Republic, and the chairman of the Constitutional Court of the Slovak
- Republic,
-
- f) calls elections to the National Council of the Slovak Republic.
-
- (3) The chairman of the National Council of the Slovak Republic remains in
- office after the electoral period expires, until the National Council of the
- Slovak Republic elects a new chairman.
-
- Article 90
-
- (1) The deputy chairman of the National Council of the Slovak Republic act as
- substitutes for the chairman. They are elected and recalled by secret ballot by
- the National Council of the Slovak Republic, by the votes of more than 50
- percent of all deputies. The deputy chairman of the National Council of the
- Slovak Republic is accountable to the National Council of the Slovak Republic.
-
- (2) The provision of Article 89 section 3 applies also to the deputy chairman
- of the National Council of the Slovak Republic.
-
- Article 91
-
- The activity of the National Council of the Slovak Republic is steered and
- organized by the chairman and deputy chairmen.
-
- Article 92
-
- (1) The National Council of the Slovak Republic establishes from the ranks of
- deputies committees as its bodies having an initiating and control role and it
- elects their chairmen by secret ballot.
-
- (2) The deliberations of the National Council of the Slovak Republic and its
- committees are regulated by law.
-
-
- Part Two
-
- The Referendum
-
- Article 93
-
- (1) A referendum will be used to confirm a constitutional law on entering
- into an alliance with other states or on withdrawing from that alliance.
-
- (2) A referendum can be used to decide also on other important issues of
- public interest.
-
- (3) Basic rights and liberties, taxes, levies, and the state budget cannot be
- the subject of a referendum.
-
- Article 94
-
- Every citizen of the Slovak Republic who has the right to vote in elections
- of the National Council of the Slovak Republic is entitled to participate in the
- referendum.
-
- Article 95
-
- The referendum is called by the president of the Slovak Republic if requested
- by a petition signed by a minimum of 350,000 citizens or on the basis of a
- resolution of the National Council of the Slovak Republic, within 30 days after
- the receipt of the citizens' petition or the resolution of the National Council
- of the Slovak Republic.
-
- Article 96
-
- (1) The motion to pass a resolution of the National Council of the Slovak
- Republic on calling a referendum can be tabled by deputies of the National
- Council of the Slovak Republic or by the Government of the Slovak Republic.
-
- (2) The referendum will be held within 90 days after it is called by the
- president of the Slovak Republic.
-
- Article 97
-
- (1) A referendum must not be held within 90 days prior to elections to the
- National Council of the Slovak Republic.
-
- (2) A referendum may be held on the day of elections to the National Council
- of the Slovak Republic.
-
- Article 98
-
- (1) The results of the referendum are valid if more than 50 percent of
- eligible voters participated in it and if the decision was endorsed by more than
- 50 percent of the participants in the referendum.
-
- (2) The proposals adopted in the referendum will be promulgated by the
- National Council of the Slovak Republic in the same way as it promulgates laws.
-
-
- Article 99
-
- (1) The National Council of the Slovak Republic can amend or annual the
- result of a referendum by means of a constitutional law, but it may not do so
- earlier than three years after the result of the referendum came into effect.
-
- (2) A referendum on the same issue can be repeated after three years at the
- earliest.
-
- Article 100
-
- A law will establish the manner in which the referendum will be carried out.
-
- CHAPTER SIX
-
- Executive Power
-
- Part One
-
- The President of the Slovak Republic
-
- Article 101
-
- (1) The president is the head of state of the Slovak Republic.
-
- (2) The president of the Slovak Republic is elected by the National Council
- of the Slovak Republic by secret ballot for a period of five years.
-
- (3) A majority of three-fifths of all deputies' votes is required for the
- president to be elected.
-
- Article 102
-
- The president
-
- a) represents the Slovak Republic outwardly and concludes and ratifies
- international treaties. He may delegate to the Government of the Slovak
- Republic or, with the Government's consent, to individual members of the Slovak
- Republic, the conclusion of international treaties that do not require approval
- by the National Council of the Slovak Republic,
-
- b) receives and accredits ambassadors,
-
- c) calls the constituent meeting of the National Council of the Slovak
- Republic,
-
- d) may dissolve the National Council of the Slovak Republic if the policy
- statement of the Government of the Slovak Republic is not approved three times
- within six months after the elections. Prior to dissolving the National Council
- of the Slovak Republic, the president is obliged to hear the standpoint of the
- chairman of the National Council of the Slovak Republic. New elections will be
- called by the chairman of the National Council of the Slovak Republic within 30
- days,
-
- e) signs laws,
-
- f) appoints and recalls the prime minister and other members of the
- Government of the Slovak Republic, entrusts them with the management of
- ministries, and accepts their resignation. Recalls the prime minister and
- other members of the Government in the cases listed in Articles 115 and 116,
-
- g) appoints and recalls the heads of central bodies and higher- level state
- officials in cases specified by law, appoints university professors and rectors,
- appoints and promotes generals,
-
- h) awards distinctions, unless he empowers another body to perform this task,
-
- i) grants amnesty and pardon, lowers punishments meted out by criminal
- courts, issues orders not to initiate or not to continue criminal proceedings,
- and nullifies punishments,
-
- j) acts as supreme commander of the armed forces,
-
- k) declares martial law at the recommendation of the Government of the Slovak
- Republic and declares war on the basis of a decision of the National Council of
- the Slovak Republic, if the Slovak Republic is attacked or as a result of
- commitments arising from international treaties on common defense against
- aggression,
-
- l) declares a state of emergency on the basis of a constitutional law,
-
- m) calls referendums,
-
- n) can return to the National Council of the Slovak Republic constitutional
- and other laws with comments. He can do so within 15 days after their approval,
-
- o) presents to the National Council of the Slovak Republic reports on the
- state of the Slovak Republic and on important political issues, submits to it
- draft laws and proposals for other measures.
-
- p) has the right to be present at meetings of the National Council of the
- Slovak Republic,
-
- r) [no q in accordance with Slovak usage] has the right to be present at
- meetings of the Government of the Slovak Republic, to chair them, and to demand
- reports from the Government or its members.
-
- Article 103
-
- (1) Any citizen of the Slovak Republic who is eligible to vote and has
- reached the age of 35 can be elected president.
-
- (2) The same person can be elected president in two consecutive electoral
- periods at the most.
-
- (3) The election of the president will be held in the last 60 days of the
- acting president's period of office. Should the office of the president become
- vacant prior to the end of the electoral period, the election of a new president
- will be held within 30 days.
-
- (4) Should a deputy of the National Council of the Slovak Republic, member of
- the Government of the Slovak Republic, judge, prosecutor, member of the armed
- forces of another armed corps, or member of the Supreme Control Office of the
- Slovak Republic be elected president, he will cease executing his previous
- function from the day of his election.
-
- (5) The president must not perform any other paid function, profession, or
- entrepreneurial activity and must not be a member of the body of a juridical
- person engaged in entrepreneurial activity.
-
- Article 104
-
- (1) The president is sworn in by the chairman of the National Council of the
- Slovak Republic, before the National Council of the Slovak Republic, by taking
- the following oath:
-
- "I promise on my honor and conscience to be faithful to the Slovak Republic.
- I will attend to the well-being of the Slovak nation and the national minorities
- and ethnic groups living in the Slovak Republic. I will discharge my duties in
- the interest of citizens and will uphold and defend the Constitution and other
- laws."
-
- (2) Refusing to take this oath, or taking it with reservations, results in
- the invalidity of the election of the president.
-
- Article 105
-
- (1) If no president is elected, or if the office of the president becomes
- vacant before a new president is elected or before the newly elected president
- has been sworn in, or if the president is unable to perform his function for
- serious reasons, the execution of the post of the president falls upon the
- Government of the Slovak Republic, with the exception of presidential powers
- listed in Article 102, letters d) through g). In that case the Government can
- entrust the prime minister with executing some presidential powers. The supreme
- command of the armed forces is also transferred to the prime minister in this
- period.
-
- (2) If the president is unable to perform his function for more than one
- year, the National Council of the Slovak Republic will recall him from office
- and will elect a new president for a regular term of office.
-
- Article 106
-
- The National Council of the Slovak Republic can recall the president from his
- post if the president is engaged in activity directed against the sovereignty
- and territorial integrity of the Slovak Republic or in activity aimed at
- eliminating the Slovak Republic's democratic constitutional system. In such
- cases, the motion to recall the president may be tabled by more than one-half of
- all deputies. The consent of at least a three-fifths majority of all deputies
- is required for the president to be recalled.
-
- Article 107
-
- The president can be prosecuted only on charges of high treason. The
- indictment against the president is filed by the National Council of the Slovak
-
- Republic. The Constitutional Court of the Slovak Republic decides on the
- indictment.
-
- Part Two
-
-
- The Government of the Slovak Republic
-
- Article 108
-
- The Government of the Slovak Republic is the supreme body of executive power.
-
- Article 109
-
- (1) The Government consists of the prime minister, deputy prime ministers,
- and ministers.
-
- (2) A Government member must not exercise the mandate of a deputy or be a
- judge.
-
- (3) A Government member must not perform any other paid office, profession,
- or entrepreneurial activity and must not be a member of the body of a juridical
- person engaged in entrepreneurial activity.
-
- Article 110
-
- (1) The prime minister is appointed and recalled by the president of the
- Slovak Republic.
-
- (2) Any citizen of the Slovak Republic who can be elected to the National
- Council of the Slovak Republic can be appointed prime minister.
-
- Article 111
-
- At the recommendation of the prime minister, the president of the Slovak
- Republic appoints and recalls other members of the Government and entrusts them
- with the management of ministries. The president can appoint as deputy prime
- minister and minister any citizen who can be elected to the National Council of
- the Slovak Republic.
-
- Article 112
-
- Members of the Government are sworn in by the president of the Slovak
- Republic and take the following oath:
-
- "I swear by my honor and conscience to be faithful to the Slovak Republic. I
- will discharge my duties in the interest of the citizens. I will uphold the
- Constitution and other laws and work toward their translation into life."
-
- Article 113
-
- Within 30 days after its appointment, the Government is obliged to appear
- before the National Council of the Slovak Republic, to present to it its
- program, and to request the expression of its confidence.
-
- Article 114
-
- (1) The Government is accountable for the execution of its duties to the
- National Council of the Slovak Republic, which can pass a vote of no-confidence
- in it at any time.
-
- (2) The Government can at any time request the National Council of the Slovak
- Republic to pass a vote of confidence in it.
-
- (3) The Government can link the vote on the adoption of a law or on another
- issue with a vote of confidence in the Government.
-
- Article 115
-
- (1) The president of the Slovak Republic will recall the Government if the
- National Council of the Slovak Republic passes a vote of no-confidence in it or
- if it turns down the Government's request to pass a vote of confidence in it.
-
- (2) If the president of the Slovak Republic accepts the Government's
- resignation, he will entrust it with the execution of its duties until a new
- Government is appointed.
-
- Article 116
-
- (1) A Government member is accountable for the execution of his duties to the
- National Council of the Slovak Republic.
-
- (2) A Government member may submit his resignation to the president of the
- Slovak Republic.
-
- (3) The National Council of the Slovak Republic may pass a vote of
- no-confidence also in an individual Government member. In this case, the
- president of the Slovak Republic will recall the Government member in question.
-
- (4) The proposal to recall a Government member may be submitted to the
- president of the Slovak Republic also by the prime minister.
-
- (5) If the prime minister submits his resignation, the entire Government will
- submit its resignation.
-
- (6) If the National Council of the Slovak Republic passes a vote of
- no-confidence in the prime minister, the president of the Slovak Republic will
- recall him. The recalling of the prime minister results in the stepping down of
- the Government.
-
- (7) If the president of the Slovak Republic accepts the resignation of, or
- recalls, a member of the Government, he will determine which Government member
- will temporarily be charged with the management of the department previously
- administered by the Government member whose resignation he accepted.
-
- Article 117
-
- The Government will always submit its resignation after the constituent
- meeting of a newly elected National Council of the Slovak Republic; however, the
- Government executes its duties until a new Government is formed.
-
- Article 118
-
- (1) The Government has a quorum if more than one-half of its members are
- present.
-
- (2) The majority of votes of all Government members is needed to pass a
- Government resolution.
-
- Article 119
-
- The Government as a body decides on
-
- a) draft laws,
-
- b) Government decrees,
-
- c) the Government's program and its implementation,
-
- d) principal measures concerning the implementation of the Slovak Republic's
- economic and social policy,
-
- e) drafts of the state budget and the state closing account,
-
- f) international treaties of the Slovak Republic,
-
- g) principal questions of domestic and foreign policy,
-
- h) submitting a draft law of the National Council of the Slovak Republic or
- some other important measure to the public for discussion,
-
- i) requesting the passing of a vote of confidence,
-
- j) awarding amnesty for misdemeanors,
-
- k) appointing and recalling state officials in cases specified by law,
-
- l) other matters specified by law.
-
- Article 120
-
- (1) The Government may issue decrees in order to execute laws within their
- limits.
-
- (2) Government decrees are signed by the prime minister.
-
- (3) A Government decree must be promulgated in a manner that will be
- specified by law.
-
- Article 121
-
- The Government has the right to award amnesty for misdemeanors. Details will
- be set out in a law.
-
- Article 122
-
- Central bodies of state administration and local bodies of state
- administration are established by means of a law.
-
- Article 123
-
- Ministries and other bodies of state administration may, on the basis of laws
- and within their limits, issue generally binding legal regulations if empowered
- to do so by the law. These generally binding legal regulations are promulgated
- in a manner that will be specified by law.
-
- CHAPTER SEVEN
-
- Judicial Power
-
- Part One
-
- The Constitutional Court of the Slovak Republic
-
- Article 124
-
- The Constitutional Court of the Slovak Republic is an independent judicial
- body charged with protecting constitutionality.
-
- Article 125
-
- The Constitutional Court decides on the compatibility of
-
- a) laws with the Constitution and with constitutional laws,
-
- b) decrees issued by the Government and generally binding legal regulations
- issued by ministries and other central bodies of state administration with the
- Constitution and constitutional and other laws,
-
- c) generally binding decrees issued by territorial self-administration bodies
- with the Constitution and laws,
-
- d) generally binding legal regulations issued by local state administration
- bodies with the Constitution, laws, and other generally binding legal
- regulations,
-
- e) generally binding legal regulations with international treaties
- promulgated in a manner established for the promulgation of laws.
-
- Article 126
-
- The Constitutional Court decides on jurisdiction disputes among central
- bodies of state administration, unless the law specifies that these disputes are
- decided by another state body.
-
- Article 127
-
- The Constitutional Court decides on complaints filed against legally valid
- decisions of central state administration bodies, local state administration
- bodies, and territorial self-administration bodies violating basic rights and
- liberties of citizens, unless decisions on the protection of these rights and
- liberties are within the jurisdiction of another court.
-
- Article 128
-
- (1) The Constitutional Court provides an interpretation of constitutional
- laws in disputed matters. The conditions will be specified in a law.
-
- (2) The Constitutional Court does not assume a stand on matters concerning
- the compatibility of draft laws and the drafts of other generally binding legal
- regulations with the Constitution and constitutional laws.
-
- Article 129
-
- (1) The Constitutional Court decides on complaints filed against the decision
- to verify or not to verify the mandate of a deputy of the National Council of
- the Slovak Republic.
-
- (2) The Constitutional Court decides on the constitutionality and legitimacy
- of elections to the National Council of the Slovak Republic and territorial
- self-administration bodies.
-
- (3) The Constitutional Court decides on complaints filed against referendum
- results.
-
- (4) The Constitutional Court decides whether the decision to disband or
- suspend the activity of a political party or a political movement was in harmony
- with constitutional and other laws.
-
- (5) The Constitutional Court decides on high treason charges filed by the
- National Council of the Slovak Republic against the president of the Slovak
- Republic.
-
- Article 130
-
- (1) The Constitutional Court initiates proceedings on the basis of a proposal
- by
-
- a) at least one-fifth of deputies of the National Council of the Slovak
- Republic,
-
- b) the president of the Slovak Republic,
-
- c) the Government of the Slovak Republic,
-
- d) the court,
-
- e) the general prosecutor,
-
- f) in cases listed under Article 127, anyone whose rights are to become the
- subject of inquiry.
-
- (2) A law will specify who is entitled to submit a proposal to initiate
- proceedings according to Article 129.
-
- (3) The Constitutional Court can initiate proceedings also at the suggestion
- of juridical or natural persons objecting to the violation of their rights.
-
- Article 131
-
- Matters listed under Article 107, Article 125 letters a) and b); Article 129
- sections 2 and 4; Article 136 section 2; and Article 138 sections 2 and 3 as
- well as matters concerning the arrangement of the Constitutional Court's
- internal affairs are decided by plenary meetings of the Constitutional Court.
-
- Article 132
-
- (1) If the Constitutional Court establishes by its verdict that legal
- regulations listed under Article 125 are mutually incompatible, the relevant
- regulations, their parts, or, as the case may be, some of their provisions cease
- to be effective. Within six months after the announcement of the Constitutional
- Court's ruling, the bodies that issued those regulations must bring them into
- harmony with the Constitution and constitutional laws. If the incompatibility
- concerns regulations listed under Article 125 letter b), they must also bring
- them into harmony with other laws and if the incompatibility concerns
- regulations listed under Article 125 letter c), they must also bring them into
- harmony with other laws, international treaties, Slovak Government decrees, and
- generally binding legal regulations issued by ministries and other central state
- administration bodies. If they fail to do so, such regulations or, as the case
- may be, their parts or provisions cease to be effective six months after the
- announcement of the ruling.
-
- (2) Constitutional Court rulings issued according to section 1 are
- promulgated in a manner established for the promulgation of laws.
-
- Article 133
-
- There exists no legal recourse against a ruling of the Constitutional Court.
-
- Article 134
-
- (1) The Constitutional Court consists of 10 judges.
-
- (2) Constitutional Court judges are appointed by the president of the Slovak
- Republic for a period of seven years out of 20 persons proposed to him by the
- National Council of the Slovak Republic.
-
- (3) Any citizen of the Slovak Republic who may be elected to the National
- Council of the Slovak Republic, has reached the age of 40, is a law school
- graduate, and has been practicing law for at least 15 years may be appointed
- judge of the Constitutional Court.
-
- (4) A judge of the Constitutional Court is sworn in by the president of the
- Slovak Republic by taking the following oath:
-
- "I promise on my honor and conscience that I will protect the inviolability
- of the natural rights of man and civic rights, protect the principles of the
- law-governed state, abide by the Constitution and constitutional laws, and
- decide independently and impartially, according to my best conscience."
-
- (5) A judge of the Constitutional Court takes up office upon taking his oath.
-
- Article 135
-
- The Constitutional Court is headed by its chairman, who is substituted for by
- the deputy chairman. The chairman and deputy chairman are appointed by the
- president of the Slovak Republic from among judges of the Constitutional Court.
-
- Article 136
-
- (1) Members of the Constitutional Court enjoy immunity in the same way as
- deputies of the National Council of the Slovak Republic.
-
- (2) The consent to the criminal prosecution of a judge of the Constitutional
- Court, or to taking him into custody, is given by the Constitutional Court.
-
- (3) The Constitutional Court gives consent to the criminal prosecution or to
- the taking into custody of the chairman and deputy chairman of the Supreme Court
- of the Slovak Republic.
-
- Article 137
-
- (1) If an appointed judge of the Constitutional Court is a member of a
- political party or a political movement, he must surrender his membership prior
- to taking his oath,
-
- (2) Judges of the Constitutional Court execute their post as their
- profession. The execution of this post is incompatible with
-
- a) entrepreneurial or another economic or gainful activity, with the
- exception of the administration of their own property and scientific, teaching,
- literary, and artistic activity,
-
- b) a post or contract of employment in another state body.
-
- (3) The judge's mandate as a deputy and his membership of the Government of
- the Slovak Republic expire on the day when he takes up office.
-
- Article 138
-
- (1) A judge of the Constitutional Court can surrender the post of judge of
- the Constitutional Court.
-
- (2) The president of the Slovak Republic can recall a judge of the
- Constitutional Court on the basis of a legally valid sentence passed for a
- deliberate criminal offense or on the basis of a disciplinary decision by the
- Constitutional Court passed because of a deed that is incompatible with the
- execution of his duties in the Constitutional Court.
-
- (3) The president of the Slovak Republic will recall a judge of the
- Constitutional Court if the Constitutional Court announces that the judge has
- not been participating in Constitutional Court proceedings for over a year or if
- the judge of the Constitutional Court was barred from practicing law by a court
- verdict.
-
- Article 139
-
- If a judge of the Constitutional Court surrenders the post of judge of the
- Constitutional Court or if he is recalled from it, the president of the Slovak
- Republic will appoint, out of two persons proposed by the National Council of
- the Slovak Republic, another judge of the Constitutional Court for a new term of
- office.
-
- Article 140
-
- Details on the organization of the Constitutional Court, on the manner of
- Constitutional Court proceedings, and on the status of its judges will be
- specified by law.
-
- Part Two
-
- Courts of the Slovak Republic
-
- Article 141
-
- (1) Justice in the Slovak Republic is administered by independent and
- impartial courts.
-
- (2) Justice at all levels is administered independently of other state
- bodies.
-
- Article 142
-
- (1) Courts decide on civil law and criminal law matters and reexamine the
- legitimacy of administrative bodies' decisions.
-
- (2) Court decisions are made by tribunals of judges, unless the law specifies
- that the matter is to be decided by a single judge. A law will specify in which
- cases decisions by tribunals of judges are attended by associate judges from the
- ranks of citizens.
-
- (3) Verdicts are proclaimed in the name of the Slovak Republic. They are
- always proclaimed publicly.
-
- Article 143
-
- (1) The system of courts consists of the Supreme Court of the Slovak Republic
- and other courts.
-
- (2) The detailed arrangement of the court system, the courts' sphere of
- competence and organization, and the manner of court proceedings will be set out
- in a law.
-
- Article 144
-
- (1) Judges are independent in making decisions and bound solely by the law.
-
- (2) In cases specified by the Constitution or the law, judges are bound also
- by international treaties.
-
- (3) If the court is of the opinion that another generally binding legal
- regulation is at variance with the law, it will interrupt its deliberations and
- propose that a proceeding before the Constitutional Court be initiated. The
- finding of the Constitutional Court of the Slovak Republic is binding for it,
- as well as for other courts.
-
- Article 145
-
- (1) Judges are elected by the National Council of the Slovak Republic at the
- recommendation of the Government of the Slovak Republic for four years. After
- the expiry of this term, at the recommendation of the Government of the Slovak
- Republic, the National Council of the Slovak Republic elects judges for an
- unlimited period of time.
-
- (2) The chairman and deputy chairmen of the Supreme Court are elected by the
- National Council of the Slovak Republic from the ranks of judges of the Supreme
- Court for a period of five years, for a maximum of two consecutive terms.
-
- Article 146
-
- A judge may surrender his post.
-
- Article 147
-
- (1) The National Council of the Slovak Republic will recall a judge
-
- a) on the basis of a legally valid sentence passed for a deliberate criminal
- offense,
-
- b) on the basis of a disciplinary court decision made on account of a deed
- that is incompatible with the execution of his post.
-
- (2) The National Council of the Slovak Republic may recall a judge
-
- a) if his state of health does not allow him over the long term, for a period
- of at least one year, to properly discharge his duties as judge,
-
- b) if he has reached the age of 65.
-
- (3) Prior to recalling a judge from his post, the National Council of the
- Slovak Republic will ask the appropriate disciplinary court for its standpoint.
-
- Article 148
-
- (1) The status, rights, and duties of judges will be defined by law.
-
- (2) The manner of appointing associate judges will be defined by law.
-
- CHAPTER EIGHT
-
- The Prosecutor's Office of the Slovak Republic
-
- Article 149
-
- The Prosecutor's Office of the Slovak Republic protects rights and the
- legally protected interests of natural and juridical persons and the state.
-
- Article 150
-
- The Prosecutor's Office is headed by the prosecutor general. The prosecutor
- general is appointed and recalled by the president of the Slovak Republic at the
- recommendation of the National Council of the Slovak Republic.
-
- Article 151
-
- Details on appointing and recalling prosecutors and on their rights and
- duties, as well as on the organization of the Prosecutor's Office, will be set
- out in a law.
-
- CHAPTER NINE
-
- Transitional and Final Provisions
-
- Article 152
-
- (1) Constitutional laws, laws, and other generally binding legal regulations
- remain in force in the Slovak Republic unless they conflict with this
- Constitution. They can be amended and abolished by the relevant bodies of the
- Slovak Republic.
-
- (2) Laws and other generally binding legal regulations issued in the CSFR
- become invalid on the 90th day after the publication of the ruling on their
- invalidity by the Constitutional Court of the Slovak Republic. This ruling must
- be published in a manner established for the promulgation of laws.
-
- (3) Decisions on the invalidity of legal regulations are made by the
- Constitutional Court of the Slovak Republic at the proposal of persons listed in
- Article 130.
-
- (4) The interpretation and application of constitutional laws, laws, and
- other generally binding legal regulations must be in harmony with this
- Constitution.
-
- Article 153
-
- Rights and duties arising from international treaties by which the CSFR is
- bound are being transferred to the Slovak Republic to an extent established by a
- CSFR constitutional law or by an agreement between the Slovak Republic and the
- Czech Republic.
-
- Article 154
-
- (1) The Slovak National Council elected according to Article 103 of
- Constitutional Law No. 143/1968 on the Czechoslovak Federation in the wording of
- subsequent amendments will, in line with this Constitution, execute its duties
- as the National Council of the Slovak Republic. The electoral term of the
- National Council of the Slovak Republic is counted from the day of elections to
- the Slovak National Council.
-
- (2) The Government of the Slovak Republic appointed according to Article 122,
- section 1, letter a) of Constitutional Law No. 143/1968 on the Czechoslovak
- Federation in the wording of subsequent amendments is regarded as a government
- appointed according to this Constitution.
-
- (3) The chairman of the Supreme Court of the Slovak Republic and the
- prosecutor general of the Slovak Republic, who have been appointed to their
- posts according to previous legal regulations, retain their posts until an
- appointment according to this Constitution is made.
-
- (4) Judges of Slovak Republic courts appointed to their posts according to
- previous legal regulations are regarded as appointed to their posts according to
- this Constitution, without any time limit.
-
- Article 155
-
- The following are being abolished
-
- (1) Constitutional Law of the Slovak National Council No. 50/1990 on the
- name, state emblem, national flag, state seal, and national anthem of the Slovak
- Republic.
-
- (2) Constitutional Law of the Slovak National Council No. 79/1990 on the
- number of Slovak National Council deputies; on the text of the oath of Slovak
- National Council deputies, members of the Slovak Republic Government, and
- national committee deputies; and on the Slovak National Council electoral
- period.
-
- (3) Constitutional Law of the Slovak National Council No. 7/1992 on the
- Constitutional Court of the Slovak Republic.
-
- Article 156
-
- This Constitution of the Slovak Republic comes into force on the day of its
- promulgation, with the exception of Article 3, section 2; Article 23, section 4,
- as regards the deportation or extradition of a citizen to another state; Article
- 54; Article 84, section 3, as regards declaration of war on another state;
- Article 86, letters k) and l); Article 102, letter g), as regards the
- appointment of university professors and rectors and the appointment and
- promotion of generals, and letters j) and k); Article 152, section 1, second
- sentence, as regards constitutional laws, laws, and other generally binding
- legal regulations issued by CSFR bodies, which will go into force simultaneously
- with the appropriate changes in the constitutional arrangement of the CSFR, in
- line with this Constitution. Chairman of the Slovak National Council Prime
- Minister of the Slovak Republic
-
- The Constitution of the Slovak Republic as a whole went into force on the day
- of its promulgation, that is, on Thursday, 3 September 1992, with the exception
- of the following provisions:
-
- Article 3, section 2: (the borders of the Slovak Republic can be changed only
- by a constitutional law),
-
- Article 23, section 4: (as regards the deportation or extradition of a
- citizen to another state),
-
- Article 54: (the law may restrict the right of judges and prosecutors to
- engage in entrepreneurial and other activity and the right listed under Article
- 29 section 2, concerning the right to establish political parties and to
- associate in them; the right of employees of state administration bodies and
- territorial self-administration bodies in designated functions listed under
- Article 37 section 4, which refers to the right to strike; and the rights of
- members of armed forces and armed corps listed under Article 27, concerning the
- right of petition, and Article 28, concerning the right of assembly, if these
- are related to the execution of their duties. The law may restrict the right to
- strike for persons in professions that are vital for the protection of life and
- health),
-
- Article 84, section 3: (as regards the declaration of war on another state),
-
- Article 86:
-
- Letter k): (deciding on the declaration of war if the Slovak Republic is
- attacked or as a result of commitments arising from international treaties on
- common defense against aggression), Letter l): (expressing consent with sending
- armed forces outside the territory of the Slovak Republic),
-
- Article 102:
-
- Letter g): (as regards the appointment of university professors and rectors
- and the appointment and promotion of generals),
-
-
- Letter j): (the president is the chief commander of armed forces),
-
- Letter k): (declares martial law at the recommendation of the Government of
- the Slovak Republic and declares war on the basis of a decision of the National
- Council of the Slovak Republic, if the Slovak Republic is attacked or as a
- result of commitments arising from international treaties about common defense
- against aggression),
-
- Article 152, section 1, second sentence: (as regards constitutional laws,
- laws, and other generally binding legal regulations issued by CSFR bodies, which
- will go into force simultaneously with the appropriate changes in the
- constitutional arrangement of the CSFR, in line with this Constitution).
-
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