Transcript Document

Constitutional System of the Slovak Republic
Ján Škrobák, Juraj Vačok
Comenius University in Bratislava
Faculty of Law
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Constitution of the Slovak Republic
• Constitutional Law no. 460/1992 Zb. Constitution of the
Slovak Republic, passed on 1. 9. 1992 by the Slovak National
Council
• 13 amendements
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Structure
• Chapter 1 – Basic Provisions (art. 1. - art. 10.)
• Second 2 – Fundamental Rights and Freedoms (art. 12. - art.
54.)
• Chapter 3 – The Economy of the Slovak Republic (art. 55. art. 63.)
• Chapter 4 – Territorial Self-Government (art. 64. - art. 71.)
• Chapter 5 – Legislative Power (art. 72. - art. 100.)
• Chapter 6 – Executive Power (art. 101. - art. 123.)
• Chapter 7 – Judicial Power (art. 124. - art. 148.)
• Chapter 8 – Prosecution of the Slovak Republic and Public
Defender of Rights (art. 149. - art. 151a.)
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Character of the State
• sovereign, democratic state; governed by the rule of law
• state power is derived from citizens, who shall exercise it
through their elected representatives or directly
• unitary, partly decentralized state
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Organization of the public power in the Slovak
Republic
• State
• Territorial Self Governance
– Municipalities
– Higher territorial units
• Interested Self-governance
• another subjects
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Division of state power
• Legislative power
• Executive power
• Judicial power
• Prosecution, Public Defender of
Rights
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Legislative power
• The National Council of the Slovak Republic is the sole
constitutional and legislative body of the Slovak Republic
• one chamber
• 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.
• A session of the National Council of the Slovak Republic shall
end as a result of termination of the electoral period or its
dissolution.
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Election to the National Council of the Slovak
Republic
• 150 members
– citizen of the SR, age 21, permanent residence, not in
prison, full legal capacity
• electoral term 4 years
• system of proportional representation
• proposals shall be done only by political party
• confliction - judge, prosecutor, Public Defender of Rights,,
member of the armed forces, member of the armed corps and
member of the European Parliament
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Selected competence of National Council of the Slovak
Republic
• adoption of the Constitution, constitutional laws and other
laws
• approval of the treaties on a union of the Slovak Republic with
other states and of some other treaties
• establishing of Ministries and other governmental bodies,
• debate on the Programe Proclamation
of
the Government of the Slovak Republic
• election and recall of three members of the
Judicial Council of the Slovak Republic
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Decision-making of National Council of the Slovak
Republic
• imperative mandate is banned
• quorum: more than half of all members
Proposal
1. Reading
2. Reading
3. Reading
President
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Executive power
• President
• Government
• State
Administration
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President of the Slovak Republic
• head of the state, representation of the Slovak Republic
externally and internally
• elected by direct
popular vote for 5 year
term
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Selected Competence of the President of the Slovak
Republic
The president
• signs laws
• appoints and removes the Prime Minister and other members
of Government of the Slovak Republic
• appoints and recalls judges of the Constitutional Court, the
President and Vice-President of the Constitutional Court
• appoints and recalls 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 accepts the oath of judges
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Presidential election in the Slovak Republic
Announcement of the Electionl
1. Round
2. Round
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Government of the Slovak Republic
• supreme executive body
• Prime Minister, Deputy Prime Ministers, Ministers
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Organization of State Administration in the Slovak
Republic
Central State Administration Bodies
Deconcentrated State
Administrative Bodies
Inspections Bodies
Armed corps and forces
Local State Administration
Bodies
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indepedent regulated and
control bodies
Administrative division
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Territorial Self-governance
• Higher Territorial Units 8
– chairman, regional assembly
• municipalities
2891 (138 cities)
– mayor, assembly of municipality
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Judicial Power of the Slovak Republic
Supreme court of Slovak republic
8 regional courts
Special criminal court
54 district courts
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Constitutional Court of the Slovak Republic
• 13 judges
• appointed by the President of the Slovak Republic on a
proposal of the National Council of the Slovak Republic for 12
years
• citizen of the Slovak Republic,
not younger than 40 years, law school
graduate with 15 years of experience
in a legal profession
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Selected competence of the Constitutional Court of
the Slovak Republic
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abstract control of constitutionality
control of constitutionality based on individual complaints
deciding disputes over competence
interpretation of the Constitution, if the matter is disputable
deciding on a prosecution by the National Council against the
President
• other matters
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Conditions for the appointment for judge
•
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citizen of the Slovak Republic
age at least 30
finish the second degree in the law faculty
competency to perform legal acts
healthy ability
immaculate with moral attributes
permanent address in Slovak republic
pass the special justice examination
pass through selection procedure
acceptation with appointment to the function and with the
place where he/she should be judge
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Constitutional basis
• art. 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.
• art. 46 § 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.
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European Convention of Fundamental Rights and
Freedoms (209/1992 Z. z.)
• art. 6 § 1
In the determination of his civil rights and obligations or of any
criminal charge against him, everyone is entitled to a fair and
public hearing within a reasonable time by an independent and
impartial tribunal established by law. Judgment shall be
pronounced publicly but the press and public may be excluded
from all or part of the trial in the interests of morals, public order
or national security in a democratic society, where the interests
of juveniles or the protection of the private life of the parties so
require, or to the extent strictly necessary in the opinion of the
court in special circumstances where publicity would prejudice
the interests of justice.
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Judicial Council of the Slovak Republic
• 8 judges elected by judges
• 3 members elected by National Council of the Slovak Republic
• 3 members appointed by the
President of the Slovak Republic
• 3 members appointed by the
Government
of
the
Slovak
Republic
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Selected Competence of Judicial Council of the Slovak
Republic
• to present to the President of the Slovak Republic proposals
for candidates for appointment as judges, and proposals for
recall of judges
• to decide on the assignment or transfer of judges
• 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,
• 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
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Another authorities of control
• Prosecution
• Public Defender of
the Rights
• Supreme Control Authority
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Thank You for Your attention
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