Integration of ethnic communities, Political theorists/figures, Right to self determination, Preamble, Motives for writing constitution, Source of constitutional authority
Preamble
mindful of the political and cultural heritage of our ancestors and of hundreds of years experience in the struggle for our national existence and our own statehood,
in the spirit of St. Cyril and St. Metod, and the spiritual heritage of the legacy of the Great Moravian Empire, based on the natural right of nations to their self-determination,
together with the members of national minorities and ethnic groups living on the territory of the Slovak Republic, in the interest of lasting and peaceful cooperation with other democratic states,
striving for the realization of a democratic form of government, guarantee a life freedom and development of our spiritual culture and economic prosperity,
Therefore We, the Citizens of the Slovak Republic
through our representatives,
Part Four. Territorial Self-Administration
Subsidiary unit government
Article 64
The basic (unit) of the territorial self-administration is the municipality. The territorial self-administration is formed by the municipality and the higher territorial entity.
Article 64a
The municipality and the higher territorial entity are independent territorial self- administrative and administrative entities of the Slovak Republic extending to all persons, who have permanent residence in them. Details are established by law.
Municipal government, Subsidiary unit government, National vs subnational laws
Article 65
- The municipality and the higher territorial entity are juridical persons, that operate independently under conditions established by the law, with their own property and their financial resources.
- The municipality and the higher territorial entity finance their needs primarily from their own revenues as well as from state subsidies. The law determines which taxes and duties are raised by the municipality and which are raised by the higher territorial entity. State subsidies can be available only within the limits of the law.
Article 66
- The municipality has the right to associate with other communities (obcami) for the safeguarding of common interest. The higher territorial entity has a similar right to associate with other higher territorial entities. The conditions are established by law.
- The combination, division and termination of the municipality are regulated by law.
Subsidiary unit government, National vs subnational laws
Article 67
- The territorial self-administration is realized by the assembly of the inhabitants of the municipality, local referendum, referendum on the territory of the higher territorial entity, organs of the municipality or organs of a higher territorial entity. The manner of conducting municipal referenda and referenda on the territory of a higher territorial entity is regulated by law.
- The duties and limitations in the exercise of territorial self-administration can be imposed on the municipalities and the higher territorial entities by law and on the basis of an international treaty pursuant to Art. 7 paragraph 5.
- The State can intervene into the activities of a municipality or a higher territorial entity only in the manner established by law.
Subsidiary unit government
Article 68
In matters of territorial self-administration and for the safeguarding of tasks resulting from the law for the self-administration the municipality and the higher territorial entity can enact generally binding decisions (nariadenia) .
Municipal government, Subsidiary unit government
Article 69
- Municipal authorities include:
- the municipal council,
- the mayor’s office.
- The municipal council is made up of councillors. The councillors are elected for four- year terms by the inhabitants of the municipality who have permanent residence in it. The election of councillors is realized on the basis of universal, equal and direct suffrage by secret ballot.
- The Mayor is elected by the inhabitants of the municipality, who have permanent residence in it, on the basis of universal, equal and direct suffrage for a four-year term. The Mayor of the municipality is the executive organ of the municipality. The Mayor conducts the administration of the municipality and represents the municipality toward the outside. The reasons and manner of recall of the Mayor before the expiration of the electoral period is established by law.
- The organs of the higher territorial entity are—
- the council of the higher territorial entity,
- the chairman of the higher territorial entity.
- The council of the higher territorial entity is formed by the deputies of the higher territorial entity. The deputies are elected by the inhabitants, who have permanent residence in the territorial area of the higher territorial entity, for a four-year term. The elections are realized on the basis of universal, equal and direct electoral rights by secret ballot.
- The chairman of the higher territorial entity is elected by the inhabitants of the higher territorial entity, on the basis of universal, equal and direct electoral rights by secret ballot for a four-year term. The reasons and manner of recall of the chairman of the higher territorial entity before the expiration of the electoral period is established by law. The chairman of the higher territorial entity is the executive organ of the higher territorial entity, conducts the administration of the administration of the higher territorial entity and represents the higher territorial entity toward the outside.
Article 70
The law specifies the requirements and the manner of announcement by which the municipality can acquire the status of a town or a city, or arranges the denominations of the organs of the city.
National vs subnational laws, Subsidiary unit government
Article 71
- To the municipality and higher territorial entity may be delegated by law the exercise the powers of state administration. All expenses relating to such delegation of state administration are borne by the state.
- When exercising the powers of state administration, the municipality and the higher territorial entity may, within their territorial jurisdiction on the basis of authority delegated by law, issue generally binding ordinances. The exercise of state administration transferred by law, to the municipality or its higher territorial entity, are directed and controlled by the Government. Details are provided by law.
Part Seven. Judicial Power
Establishment of constitutional court
Chapter One. The Constitutional Court of the Slovak Republic
Constitutional interpretation
Article 124
The Constitutional Court of the Slovak Republic is an independent judicial organ for the protection of constitutionality.
International law
Article 125
- The Constitutional Court rules on the consonance—
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Constitutional court powers, Legal status of treaties, International law
of laws with the Constitution, constitutional laws with international treaties, with which the National Council of the Slovak Republic has expressed its treaty and which were ratified and promulgated in the manner established by law,
- decrees of the Government, the generally binding legal regulations of the ministries and the other central organs of the state administration with the Constitution, constitutional laws, with international treaties, with which the National Council of the Slovak Republic has expressed consent and which were ratified and promulgated in the manner established by a law or laws,
- generally binding ordinances, pursuant to Art. 68 with the Constitution, with constitutional laws, with international treaties, with which the National Council of the Slovak Republic expressed its treaty and that were ratified and promulgated in the manner established by a law or with laws, if no other court rules on them,
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Federal review of subnational legislation
generally binding legal regulations of local organs of state administration and general binding regulations of the organs of the local self-administration pursuant to Art. 71 paragraph 2 with the Constitution, with constitutional laws, with laws and decrees of the Government, and with generally binding legal regulations of the ministries and other central organs of state administration, if no other court rules on them.
- When the Constitutional Court accepts the motion for a proceeding according to paragraph 1, it can stop the application of the contested (napadnotých) legal provisions, parts thereof, the impact of some of their provisions, if its further application can threaten fundamental rights and freedoms, if considerable economic damage is threatened, or another serious unjust consequence.
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Constitutionality of legislation
when the Constitutional Court with its decision states that there is a conflict between the legal regulations referred to in paragraph 1, the pertinent regulations, its parts, some of their provisions lose their effectiveness. The organs, who issued these (il) legal regulations, are obligated to bring them into accord, within six months from the ruling of the Constitutional Court, with the Constitution, constitutional laws and international treaties with the promulgation in the manner established by law, and if it concerns provisions referred to in paragraph 1 letter d) with the decrees of the Government and with the generally binding legal regulations of the ministries and the other central organs of state administration. If this is not done, these regulations, their parts or provisions lose their validity after six months from the publications of the ruling.
- The Constitutional Court does not rule on the consonance of a draft law or a draft of a generally binding legal provision with the Constitution, with an international treaty, which was published in a manner established by a law or by a constitutional law.
- The validity of the decision on the suspension of effectiveness of the challenged legal provisions, parts thereof, or some of its provisions ends with the publication of a decision of the Constitutional Court in the same matter the suspension of effectiveness of the challenged of a legal provision, which the Constitutional already did not disturb, because the reasons for accepting them ceased.
- The decisions of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5 are announced in the manner established for the publication of laws. The valid decision of the Constitutional Court is generally binding.
Article 125a
- The Constitutional Court decides on consonance of negotiated international treaties, for which the consent of the National Council of the Slovak Republic is required, with the Constitution or with a constitutional law.
- The request for a decision pursuant to paragraph 1 can be presented to the Constitutional Court by the President of the Slovak Republic or the Government.
- The Constitutional Court decides on the request pursuant to paragraph 2 within the time limit specified by law; when the Constitutional Court pronounces, with its decision that the international treaty is not in accord with the Constitution or a constitutional law, such an international treaty cannot be ratified.
Article 125b
- The Constitutional Court decides on whether the subject of a referendum, which is to be announced, on the basis of a petition by citizens or a resolution of the National Council of the Slovak Republic, pursuant to Art. 95 paragraph 1, is in accord with the Constitution or with a constitutional law.
- The proposal for a decision, pursuant to paragraph 1, can be presented to the Constitutional Court by the President of the Slovak Republic before the announcement of the referendum, if he has doubts, whether the subject of the referendum, which is to be announced on the basis of a petition by citizens or a resolution of the National Council of the Slovak Republic pursuant to Art. 95 paragraph 1 is in accord with the Constitution or with a constitutional law.
- The Constitutional Court decides on the proposal pursuant to paragraph 2 within 60 days from its delivery; if the Constitutional Court declares with its decision that the subject of the referendum, which is to be announced on the basis of a petition by citizens or by a resolution of the National Council of the Slovak Republic, pursuant to Art. 95 paragraph 1, is not in accord with the Constitution or a constitutional law, the referendum cannot be announced.
Article 126
The Constitutional Court decides disputes over competence between central organs of state administration if the law does not provide that these disputes are decided by another state organ.
Constitutionality of legislation
Article 127
- The Constitutional Court decides about complaints by physical or juridical persons, when they protest violations of their fundamental rights or freedoms, resulting from international treaties, which was ratified by the Slovak Republic and promulgated in the manner specified by law, and if no other court decides about the protection of these rights and freedoms.
- If the Constitutional Court responds to the complaint, by its decision pronounces that by a valid decision, measure or other intrusion, rights or freedoms, pursuant to paragraph 1 were violated, it also cancels the decision, measure or other intrusion. If the violation of rights or freedoms, pursuant to paragraph 1, rose from inaction, the Constitutional Court can also order that the one who violated theses rights and freedoms, act in the matter. The Constitutional Court can also return the matter for further proceeding, prohibit the continuation in violation of fundamental rights and freedoms or human rights and fundamental freedoms emanating from an international treaty, which was ratified by the Slovak Republic and promulgated in the manner specified by law, or, if it is possible, to order that the one who violated these rights or freedoms pursuant to paragraph 1 restore the condition before the violation.
- The Constitutional Court can, with its decision, with which it responds to a complaint, award to the one, whose rights, pursuant to paragraph (1) were infringed upon, appropriate financial compensation.
- The responsibility of the one who violated rights or freedoms, pursuant to paragraph 1, for the damage or other interference is not affected by the decision of the Constitutional Court.
Constitutionality of legislation
Article 127a
- The Constitutional Court decides concerning complaints by organs of the territorial self-administration against an unconstitutional or illegal interference in a matter of territorial self-administration, if no other court decides it.
- If the Constitutional Court responds to the complaint by the organ of territorial self- administration, it pronounces, in what consists the unconstitutional or illegal decision in the matter of territorial self-administration, which constitutional law or law was violated and by which decision or interference the violation arose. The Constitutional Court voids the contested decision, and if the violation of the law consisted in another interference, than is decided, it forbids the continuation of the interference and orders, if it is possible, to have the previous condition restored.
Article 128
The Constitutional Court provides an interpretation of the Constitution or the constitutional law if the matter is in dispute. The decision of the Constitutional Court concerning the interpretation of the Constitution or a constitutional law is promulgated in the same manner as the promulgation of laws. The interpretation is generally binding from the day of its promulgation.
Constitutional court powers
Article 129
- The Constitutional Court decides about complaints against a decision on the verification or non-verification of the mandate of a deputy of the National Council of the Slovak Republic.
- The Constitutional Court decides about the constitutionality and legality of presidential elections, elections to the National Council of the Slovak Republic and to the organs of territorial self-administration.
- The Constitutional Court decides on complaints against the results of a referendum or the result of plebiscite on the recall of the President of the Slovak Republic.
- The Constitutional Court decides on whether a decision on the dissolution or suspension of activity of a political party or political movement is in accord with constitutional laws or other laws.
- The Constitutional Court decides on the accusation by the National Council of the Slovak Republic against the President of the Slovak Republic in the matter of intentional violation of the Constitution or high treason.
- The Constitutional Court decides on whether the decision on the proclamation of a state of exception or a state of emergency were promulgated in accord with the Constitution or a constitutional law.
- The decisions of the Constitutional Court, pursuant to the preceding paragraphs are binding on all organs of the public power, physical persons or juridical persons, that effect them. The competent organ of public power is obligated to ensure its implementation without unnecessary delay. The details are established by law.
Constitutionality of legislation
Article 130
- The Constitutional Court begins the proceeding upon a petition presented by:
- not less than one-fifth of the deputies of the National Council of the Slovak Republic,
- the President of the Slovak Republic,
- the Government of the Slovak Republic,
- (a) court,
- the Procurator-General
- anyone, whose rights shall be adjudicated in cases specified in Arts., 127 and 127a.
- The law shall specify, who has the right to present a petition to begin the proceeding pursuant to Art. 129.
Article 131
- The Constitutional Court shall decide in plenary session in matters referred to in Art. 105 paragraph 2, Art. 107, Art. 125 paragraph 1 letters a) and b), Art. 125a paragraph 1, Art. 125b paragraph 1, Art. 128, Art. 129 paragraph 2 to 6, Art. 136 paragraphs 2 and 3, Art. 138 paragraph 2 letters b) and c), on the harmonization (zjednocovaní) of the legal opinions of the senates, on the organization of internal relations and on the draft budget. The plenum of the Constitutional Court is attained by an absolute majority of all judges. If this majority is not attained, the petition is rejected.
- On other matters the Constitutional Court decides in three-member senates. The senates decide by absolute majority of their members.
Article 133
Against the decision of the Constitutional Court it is impossible to present a correcting remedy (opravný prostriedok) .
Oaths to abide by constitution, Constitutional court selection
Article 134
- The Constitutional Court is composed of thirteen judges.
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Constitutional court term length
The judges of the Constitutional Court are appointed for twelve years by the President of the Slovak Republic. The National Council of the Slovak Republic nominates a twofold number of candidates for judgeships, which the President shall appoint.
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Min age of const court judges, Constitutional court term limits, Eligibility for const court judges
For a judgeship of the Constitutional Court can be nominated a citizen of the Slovak Republic, who is electable to the National Council of the Slovak Republic, has attained 40 years of age, has a university legal education and at least 15 years experience in the legal profession. Such a person cannot be appointed again as a judge of the Constitutional Court.
- A judge of the Constitutional Court places into the hands of the President of the Slovak Republic this oath: “I swear on my honor and conscience, that I will protect the inviolability of the natural (prirodzených) rights of man and rights of citizen, protect the principles of the law-governed state, be guided by the Constitution, constitutional laws and international treaties, which the Slovak Republic ratified and which were promulgated in the manner specified by law and that (I shall) decide according to my best convictions, independently and impartially."
- With the taking of this oath the judge of the Constitutional Court assume (his) functions.
Article 135
At the head of the Constitutional Court is its president, who is substituted by a Vice President. The President and Vice President are appointed by the President of the Slovak Republic, from among the judges of the Constitutional Court.
Article 136
- The judges of the Constitutional Court have the same immunities as the deputies of the National Council of the Slovak Republic.
- The consent for a criminal prosecution of a judge or for a pre-trial detention is given by the Constitutional Court.
- The Constitutional Court gives consent to a criminal prosecution or taking into pretrial detention of judges and the general prosecutor. The Constitutional Court conducts disciplinary proceedings against the President of the Supreme Court of the Slovak Republic, the Vice President of the Supreme Court of the Slovak Republic and the general prosecutor.
- If the Constitutional Court refuses (its) consent, the criminal prosecution or the pretrial detention (then), for the duration, the function of the Judge of the Constitutional Court, the function of a judge or the function of the general procurator, is excluded.
Article 137
- If an appointed judge of the Constitutional Court is a member of a political party or a political movement, he must give up his membership prior to taking the oath.
- The judges of the Constitutional Court perform their function as a profession. The exercise of this function is incompatible with a function in another organ of public power, with a state employment relationship, with a work relationship, with temporary working relationship, with a business activity, with membership in a directing or controlling organ of a juridical person, which is engaged in a business activity, as for any other economic or gainful activity, with the exception of the management of personal property, scientific, pedagogical, literary or artistic activity.
- On the day that the judge assumes his function his mandate as a deputy or membership in the Government of the Slovak Republic expires.
Constitutional court removal, Supreme/ordinary court judge removal
Article 138
- A judge of the Constitutional Court may resign from his or her function by a written notification to the President of the Constitutional Court. His function, in such a case, ends with the passing of the calendar month in which the written notification of resignation of his function was delivered.
- The President of the Slovak Republic recalls a judge of the Constitutional Court—
- on the basis of a valid judgement for an intentional criminal act, or if he was validly convicted for a criminal act, and the court has not decided, in his case, on the conditional postponement of the execution of the punishment of deprivation of liberty,
- on the basis of a disciplinary judgement of the Constitutional for an act, that is incompatible with the exercise of the function of a judge of the Constitutional Court,
- if the Constitutional Court has announced that the judge has not participated in the work of the Constitutional Court for a period longer than one year,
- if his eligibility into the National Council of the Slovak Republic has ceased.
Article 139
If a judge of the Constitutional Court resigns from his function as a judge of the Constitutional Court, or if he was recalled, the President of the Slovak Republic appoints another judge for a new judicial term from two persons nominated by the National Council of the Slovak Republic.
Article 140
The details of the organization of the Constitutional Court, the manner of proceedings before it and the status of the judges are provided by law.
Chapter Two. The Courts of the Slovak Republic
Article 141
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Judicial independence
In the Slovak Republic justice is administered by independent and impartial courts.
- Justice is administered at all levels separately from other state organs.
Establishment of judicial council
Article 141a
The Judicial Council of the Slovak Republic
- The President of the Judicial Council of the Slovak Republic is the President of the Supreme Court of the Slovak Republic. Its other members are—
- eight judges, who are elected and recalled by judges of the Slovak Republic,
- three members, who are elected and recalled by the National Council of the Slovak Republic,
- three members, who are appointed and recalled by the President of the Slovak Republic,
- three members, who are appointed and recalled by the Government of the Slovak Republic
- As a member of the Judicial Council of the Slovak Republic pursuant to paragraph 1 letters b) to d), it is possible to designate a person, who is irreproachable and has a university legal education and at least 15 years of professional practice.
- The functional terms of the members of the Judicial Council of the Slovak Republic is five years. Such a person can be elected or appointed to be a member of the Judicial Council of the Slovak Republic at the most two consecutive terms.
- To the competence of the Judicial Council of the Slovak Republic of the Slovak Republic belong—
- to present to the President of the Slovak Republic proposals for candidates for the appointment of judges and proposals for the recall of judges,
- to decide about the assignment and the transferring of judges,
- to present to the President of the Slovak Republic proposals for the appointment of the President of the Supreme Court of the Slovak Republic and the Vice President of the Supreme Court of the Slovak Republic and their recall,
- to present to Government of the Slovak Republic proposals for candidates who would work for the Slovak Republic in international judicial organs,
- to elect and recall the members of the disciplinary senates and to elect and recall the chairpersons of the disciplinary senates,
- to express themselves concerning the draft budget of the courts of the Slovak Republic at the framing of the draft state budget,
- other activity, as established by law.
- For the acceptance of a resolution of the Judicial Council of the Slovak Republic an absolute majority of all its members is necessary.
- The details concerning the manner of establishing the members of the Slovak Republic, of their activity, organization and relationship to the organs of the administration of justice and to the organs of judicial self-administration are established by law.
Article 142
- The courts decide matters concerning civil and criminal law; they examine the legality of the decisions of organs of public administration and the legality of decisions, measures and other interventions by organs of public power, as the law provides.
- The courts decide in senates, if the law does not stipulate that the case is decided by a single judge. The law specifies the cases in which judicial assessors (prísediaci sudcovia) from the ranks of citizens participate and in which cases an employee of the court, who is entrusted by a judge, may decide. Against the decision of an employee, entrusted by a judge, as legal remedy is admissible, about which always, a judge decides.
- The decisions are always pronounced in the name of the Slovak Republic and are always public.
Structure of the courts
Article 143
- The system of the courts consists of the Supreme Court of the Slovak Republic and other courts.
- The details of the structure of the courts, their competence, organization and procedure before them are specified by law.
- Within the scope established by law, the ordering and the administration of the courts the organs of judicial self-administration participate.
Oaths to abide by constitution
Article 144
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Judicial independence
Judges are independent in the exercise of their functions and in deciding they are only bound by the Constitution, constitutional law, international treaty pursuant to Art. 7 paragraphs 2 and 5 and by law.
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Constitutional court opinions
If the court believes (domnieva) that another generally binding legal rule, a part of it or a single provision, which concerns the pending matter, is in conflict with the Constitution, a constitutional law, international treaty pursuant to Art. 7 paragraph 5 or a law, it interrupts the proceeding and presents a proposal for beginning a proceeding on the basis of Art. 125 paragraph 1. The legal opinion of the Constitutional Court contained in the opinion is binding on the Court.
Supreme/ordinary court judge removal, Ordinary court selection, Supreme court selection
Article 145
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Supreme court term length
The judges are appointed and recalled by the President of the Slovak Republic on the proposal of the Judicial Council of the Slovak Republic; he appoints them without time limits.
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Minimum age of supreme court judges, Eligibility for supreme court judges
To a judgeship can be appointed a citizen, who can be elected to the National Council of the Slovak Republic, has attained the age of 30 years and has a university legal education. Further requirements for appointment to a judgeship and his functional advancement, as well as the scope of the immunity of judges, are provided by law.
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Eligibility for supreme court judges, Supreme court term length, Supreme court term limits
The President of the Supreme Court of the Slovak Republic and the Vice President of the Supreme Court of the Slovak Republic are appointed from the judges of the Supreme Court of the Slovak Republic by the President of the Republic for five years. Such person can be reappointed to be President of the Supreme Court of the Slovak Republic and to be Vice President of the Supreme Court of the Slovak Republic at the most for two consecutive terms. The President of the Slovak Republic may recall the President or the Slovak Republic or the Vice President of the Supreme Court of the Slovak Republic for reasons specified in Art. 147.
- The judge places into the hands of the President of the Slovak Republic this oath: “I swear on my honor and conscience, that I will abide by the Constitution, constitutional laws, international treaties which the Slovak Republic has ratified and promulgated in the manner specified by the law and laws, interpret the laws according to my best conviction, independently and impartially.”
- With the taking of the oath the judge assumes his function.
Article 145a
- If the nominated judge is a member of a political party or political movement he is obligated to give up his membership in them even before the taking of the oath.
- The judge performs his function as his profession. The exercise of this function is incompatible with the function of another organ of public power, state employment relationship, with a temporary working relationship, with a business activity, with membership in a directing or controlling organ of a juridical person, which is engaged in a business activity, or any other economic or gainful activity, with the exception of the management of personal property, scientific, pedagogical, literary or artistic activity and membership with Judicial Council of the Slovak Republic.
Article 146
A Judge can give up his function by a written announcement to the President of the Slovak Republic. His function in such case ends with the passing of a calendar month, in which the written announcement of the resignation of his function was delivered.
Supreme/ordinary court judge removal
Article 147
- The President of the Slovak Republic recalls a judge on the proposal of the Judicial Council of the Slovak Republic on the basis of a valid judgement for an intentional criminal act or he was validly convicted for a criminal act and the court has not yet decided in his case on the conditional postponement of the execution of the punishment of deprivation of liberty, on the basis of a decision by the disciplinary senate for an act, which is incompatible with the exercise of the function of a judge, or if his eligibility into the National Council of the Slovak Republic has ceased.
- The President of the Slovak Republic may recall the judge on the proposal of the Judicial Council of the Slovak Republic,
- if his state of health does not allow him, at least for one year, to properly perform his judicial duties,
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Mandatory retirement age for judges
if he has reached the age of 65 years.
Article 148
- A judge can be transferred to another court only with his consent or on the basis of a decision by the disciplinary senate.
- The reasons for an interruption of the exercise of the judicial function and the conditions of a temporary interruption of the exercise of the function of a judge or a temporary assignment of a judge are established by law.
- The manner of establishment of assessor judges (prísediacich sudcov) is established by law.