Right to self determination, Integration of ethnic communities, Motives for writing constitution, Source of constitutional authority, Political theorists/figures, Preamble
Preamble
Reference to country's history
Bearing in mind the political and cultural heritage of our predecessors, the experience gained through centuries of struggle for our national existence, and statehood,
Mindful of the spiritual bequest of Cyril and Methodius, and the historical legacy of Great Moravia,
Recognizing the natural right of nations to self-determination,
Together with members of national minorities and ethnic groups living in the Slovak Republic,
In the interest of continuous peaceful cooperation with other democratic countries,
Endeavoring to implement democratic forms of government, guarantee a life of freedom, and promote spiritual, cultural and economic prosperity,
we, the citizens of the Slovak Republic, have, herewith and by our representatives, adopted this Constitution:
Municipal government, Subsidiary unit government
PART FOUR. LOCAL SELF-GOVERNING BODIES
Article 64
The basic unit of territorial self-administration shall be the municipality. Territorial self-administration shall be composed of a municipality and a higher territorial unit.
Article 64a
A municipality and a higher territorial unit are independent territorial and administrative units of the Slovak Republic, associating individuals permanently residing therein. Law shall lay down the details.
Article 65
- A municipality and a higher territorial unit are legal persons, who manage their own property and their financial means independently, under the conditions laid down by a law.
- A municipality and a higher territorial unit shall finance their needs primarily from their own revenues and also from state subsidies. It shall be laid down by a law, which taxes and fees are to be a municipality’s revenue and which taxes and fees are to be a higher territorial unit's revenue. State subsidies can be claimed only within the limits laid down by a law.
Article 66
- A municipality shall have the right to associate with other municipalities for securing matters of common interest; higher territorial units shall likewise have the right to associate with other higher territorial units. A law shall lay down the conditions.
- The unification, division or cancellation of a municipality shall be regulated by a law.
Article 67
- Municipality inhabitants` assemblies shall realize a territorial self-administration by local referendum, by referendum on the territory of the higher territorial unit, by municipality authorities or by higher territorial unit authorities. The manner of carrying out the local referendum or referendum on the territory of a higher territorial unit shall be laid down by law.
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International law
The duties and limitations in realization of territorial self-administration may be imposed on a municipality and a higher territorial unit by law and on the basis of an international treaty according to Art. 7, para. 5.
- The State may intervene in the activities of a municipality and a higher territorial unit only by means laid down by law.
Article 68
In matters of territorial self-administration and for securing the tasks of self-administration provided by law, the municipality and the higher territorial unit may issue generally binding regulations.
Article 69
- Municipal authorities are
- the municipal representation,
- the mayor of municipality.
- Municipal representation shall consist of representatives of municipal representation. The municipality inhabitants permanently residing therein elect the representatives for a four-year term. Elections of the representatives are performed on the basis of universal, equal and direct suffrage by secret ballot.
- The mayor of a municipality shall be elected by the municipality inhabitants permanently residing therein on the basis of a universal, equal and direct suffrage by secret ballot for a four-year term. The municipality mayor shall be the executive authority of the municipality; the mayor shall perform municipality administration, and shall represent the municipality externally. Reasons for and manner of recalling a mayor before expiration of his electoral term shall be laid down by a law.
- The authorities of a higher territorial unit are
- the representation of the higher territorial unit,
- the head of the higher territorial unit,
- The representation of a higher territorial unit shall consist of the representatives of the representation of the higher territorial unit. The inhabitants of the territorial district of the higher territorial unit permanently residing therein shall elect the representatives for a four-year term. Elections of the representatives are performed on the basis of universal, equal and direct suffrage by secret ballot.
- The head of a higher territorial unit shall be elected by the inhabitants of the territorial district of the higher territorial unit permanently residing therein, on the basis of universal, equal and direct suffrage by secret ballot for a four-year term. Reasons for and method of recalling the head of the higher territorial unit before expiration of the electoral term shall be laid down by a law. The head of a higher territorial unit shall be the executive authority of the higher territorial unit, shall perform administration of the higher territorial unit and represent the higher territorial unit externally.
Article 70
The municipality can acquire the status of a town or a city under the procedures and terms prescribed by law which also determine the structure of municipal authorities.
Article 71
- The exercise of the certain powers of local self-administration may be delegated on municipality and higher territorial units by law. The costs of the delegated exercise of state administration shall be covered by the State.
- When exercising the powers of state administration, a municipality and a higher territorial unit may also issue generally binding regulations within their territory upon authorization by a law and within its limitations. Exercise of state administration transferred to a municipality or to a higher territorial unit by law shall be directed and controlled by the government. A law shall lay down the details.
PART SEVEN. THE JUDICIAL POWER
Establishment of constitutional court
Chapter One. THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC
Article 124
The Constitutional Court shall be an independent judicial authority vested with the mandate to protect the integrity of constitutional principles.
Constitutional court powers, Constitutional interpretation
Article 125
- The Constitutional Court shall decide on the conformity of
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Legal status of treaties, International law
laws with the Constitution, constitutional laws and international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law,
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International law
government regulations, generally binding legal regulations of Ministries and other central state administration bodies with the Constitution, with constitutional laws, with international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law and with laws,
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International law
generally binding regulations pursuant to Art. 68, with the Constitution, with constitutional laws and with international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law, save another court shall decide on them,
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Federal review of subnational legislation, International law
generally binding legal regulations of the local bodies of state administration and generally binding regulations of the bodies of territorial self-administration pursuant to Art. 71 para. 2, with the Constitution, with constitutional laws, with international treaties promulgated in the manner laid down by a law, with laws, with government regulations and with generally binding legal regulations of Ministries and other central state administration bodies, save another court shall decide on them.
- If the Constitutional Court accepts the proposal for proceedings pursuant to paragraph 1, it can suspend the effect of challenged legal regulations, their parts, or some of their provisions, if fundamental rights and freedoms may be threatened by their further application, if there is a risk of serious economic damage or other serious irreparable consequence.
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Constitutionality of legislation, International law
If the Constitutional Court holds by its decision that there is inconformity between legal regulations stated in paragraph 1, the respective regulations, their parts or some of their provisions shall lose effect. The bodies that issued these legal regulations shall be obliged to harmonize them with the Constitution, with constitutional laws and with international treaties promulgated in the manner laid down by a law, and if it regards regulations stated in paragraph 1 letters b) and c) also with other laws, if it regards regulations stated in paragraph 1 letter d) also with government regulations and with generally binding legal regulations of Ministries and other central state administration bodies within six month from the promulgation of the decision of the Constitutional Court. If they fail to do so, these regulations, their parts or their provisions shall lose effect after six months from the promulgation of the decision.
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International law
The Constitutional Court shall not decide on conformity of a draft law or a proposal of other generally binding legal regulation with the Constitution, with an international treaty that was promulgated in the manner laid down by a law or with the constitutional law.
- The validity of a decision on the suspension of effect of the challenged legal regulations, their parts or some of their provisions shall terminate at the promulgation of the decision of the Constitutional Court in the case, if the Constitutional Court has not already cancelled the decision on suspension of the effect of the challenged legal regulation because the reasons for which it was adopted have terminated.
- A decision of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5 shall be promulgated in the manner laid down for the promulgation of laws. The valid judgement of the Constitutional Court shall be generally binding.
International law, Constitutional court powers, Legal status of treaties
Article 125a
- The Constitutional Court shall decide on the conformity of negotiated international treaties to which the assent of the National Council of the Slovak Republic with the Constitution and constitutional law is necessary.
- The President of the Slovak Republic or the Government may submit a proposal for a decision pursuant to paragraph 1 to the Constitutional Court prior to the presentation of a negotiated international treaty for discussion of the National Council of the Slovak Republic.
- The Constitutional Court shall decide on a proposal pursuant to paragraph 2 within a period laid down by a law; if the Constitutional Court holds in its decision that the international treaty is not in conformity with the Constitution or constitutional law, such international treaty cannot be ratified.
Referenda, Constitutional court powers
Article 125b
- The Constitutional Court shall decide on whether the subject of a referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is in conformity with the Constitution or constitutional law.
- The proposal for a decision according to paragraph 1 may be submitted to the Constitutional Court by the President of the Slovak Republic prior to declaring a referendum, if he or she has doubts on whether the subject of referendum, which is to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95 para. 1 is in conformity with the Constitution or a constitutional law.
- The Constitutional Court shall decide on a proposal pursuant to paragraph 2 within 60 days from the date of its delivery; if the Constitutional Court holds in its decision that the subject of referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is not in conformity with the Constitution or constitutional law, the referendum cannot be declared.
Article 126
The Constitutional Court decides in cases of dispute whether the Supreme Audit Office has the power to inspect.
International law, Constitutional court powers
Article 127
- The Constitutional Court shall decide on complaints of natural persons or legal persons if they are pleading the infringement of their fundamental rights or freedoms, or human rights and fundamental freedoms resulting from the international treaty which has been ratified by the Slovak Republic and promulgated in the manner laid down by a law, save another court shall decide on protection of these rights and freedoms.
- If the Constitutional Court accepts a complaint, it shall hold in its decision that the rights or freedoms according to paragraph 1 were infringed by a valid decision, measure or by other action and it shall cancel such a decision, measure or other action. If the infringement of rights or freedoms according to paragraph 1emerges from inactivity, the Constitutional Court may order the one who has infringed these rights or freedoms to act in the matter. The Constitutional Court may at the same time remand the matter for further proceedings, prohibit continuing in the infringement of fundamental rights and freedoms or human rights and fundamental freedoms resulting from the international treaty which has been ratified by the Slovak Republic and promulgated in the manner laid down by a law, or if possible, to order the one who has infringed the rights or freedoms according to paragraph 1 to reinstate the status before the infringement.
- The Constitutional Court may, by the decision by which it allows a complaint, award the one whose rights according to paragraph were infringed an adequate financial satisfaction.
- The responsibility of the one who has infringed the rights or freedoms according to paragraph 1, for the damage or other injury shall not be affected by the judgement of the Court.
Constitutional court powers
Article 127a
- The Constitutional Court shall decide on complaints of the bodies of territorial self-administration against unconstitutional or unlawful decision or against other unconstitutional or unlawful action into the matters of self-administration, save another court shall decide on its protection.
- If the Constitutional Court allows a complaint of a body of territorial self-administration, it shall hold in what lies the unconstitutional or unlawful decision or other unconstitutional or unlawful action into the matters of self-administration, which constitutional law or law has been infringed and by which decision or action this infringement took place. The Constitutional Court shall cancel the challenged decision, or if the infringement of the right lay in an action different than in a decision, it shall prohibit continuing of infringement of the right and shall order, if it is possible, to reinstate the status before the infringement.
Constitutional interpretation
Article 128
The Constitutional Court shall give an interpretation of the Constitution or constitutional law if the matter is disputable. The judgement of the Constitutional Court on the interpretation of the Constitution or constitutional law shall be promulgated in the manner laid down for the promulgation of laws. The interpretation is generally binding from the date of its promulgation.
Constitutional court powers
Article 129
- The Constitutional Court shall decide on a complaint against decision verifying or rejecting verification of the mandate of a Member of Parliament.
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International organizations
The Constitutional Court shall decide whether the election of the President of the Slovak Republic, the elections to the National Council of the Slovak Republic, and the elections to local self-administration bodies and European Parliament have been held in conformity with the Constitution and the law.
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Referenda, Head of state removal
The Constitutional Court shall decide on complaints against the result of a referendum and complaint against the result of a plebiscite on the recall of President of the Slovak Republic.
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Regulation of political parties
The Constitutional Court shall decide whether a decision dissolving a political party or movement or suspending political activities thereof is in conformity with the constitutional laws and other laws.
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Head of state removal
The Constitutional Court shall decide on a prosecution by the National Council of the Slovak Republic against the President of the Slovak Republic in matters of wilful infringement of the Constitution or treason.
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Emergency provisions
The Constitutional Court shall decide on whether a decision on declaring an exceptional state or an emergency state and other decisions connected to this decision were issued in conformity with the Constitution and constitutional law.
- The Constitutional Court decides on complaint against a decision of the Judicial Council of the Slovak Republic pursuant to Article 154d.2.
- The decisions of the Constitutional Court according to the preceding paragraphs shall be binding for all bodies of public authority, natural persons or legal persons whom they concern. The respective body of public authority shall be obliged, without undue delay, to ensure their enforcement. Details shall be laid down by law.
Constitutionality of legislation
Article 130
- The Constitutional Court shall commence the proceedings upon a petition submitted by:
- not less than one-fifth of all members of the National Council of the Slovak Republic;
- the President of the Slovak Republic;
- the Government of the Slovak Republic;
- any court;
- the Attorney-General, and
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Establishment of judicial council
the Chairman of the Judicial Council of the Slovak Republic in cases of compliance of legal acts pursuant to Article 125.1, if they concern the judiciary.
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Ombudsman, International law
the Public Defender of Rights in cases of conformity of legal regulations pursuant to Article 125.1, if their further application could threaten the basic rights and freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in the manner laid down by law.
- the Supreme Audit Office in cases set out in Article 126.c
- in cases listed under Article 127 and 127a, anyone whose rights are to become the subject of inquiry,
- any entity, which challenges the power to inspect of the Supreme Audit Office in cases set out in Article 126.2.
- The law shall specify who can commence the proceedings under Article 129.
Article 131
- The Constitutional Court shall decide in plenary session on matters listed in Art. 105 para. 2, Art. 107, Art. 125 para. 1 letters a) and b), Art. 125a para. 1, Art. 125b para. 1, Art. 128, Art. 129 paras. 2 to 7, Art. 136 paras. 2 and 3, Art. 138 para. 2 letters b) and c), on unification of legal opinions of panels of judges, on regulations of its internal relations and on the draft budget of the Constitutional Court. The Plenary session of the Constitutional Court shall decide by absolute majority of all judges. If this majority is not reached, the proposal shall be rejected.
- The Constitutional Court shall decide on other matters in panels of three members. A panel shall decide by absolute majority of its members.
International law, International organizations
Article 133
There shall be no legal recourse against a ruling of the Constitutional Court; this does not apply, if the decision of the organ of an international organization, established in order to enforce the international treaty which is binding for the Slovak Republic, results in an obligation to review the previous ruling of the Constitutional Court in the proceedings before the Constitutional Court.
Article 134
- The Constitutional Court shall consist of thirteen judges.
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Constitutional court selection, Constitutional court term length
The President of the Slovak Republic shall, on the nomination of the National Council of the Slovak Republic, appoint the judges of the Constitutional Court for a period of twelve years. The National Council of the Slovak Republic shall propose a double number of candidates who are to be appointed by the President of the Slovak Republic.
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Eligibility for const court judges, Constitutional court term limits, Min age of const court judges
Any citizen of the Slovak Republic who is eligible for election to the National Council of the Slovak Republic, has reached his 40 years of age, is a law school graduate, and has been practicing law for at least 15years may be appointed judge of the Constitutional Court. One person may not be eligible for reappointment as a judge of the Constitutional Court.
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International law, Oaths to abide by constitution
A judge of the Constitutional Court shall be 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 rule of law, abide by the Constitution, constitutional laws and international agreements ratified by the Slovak Republic and which were declared in a manner provided by the law and decide to my best conscience, independently and impartially."
- A judge of the Constitutional Court shall take up office upon taking his oath.
Article 135
The Constitutional Court shall be headed by a President who may be substituted by a Vice President. The President and the Vice President shall be appointed by the President of the Slovak Republic from among the judges of the Constitutional Court.
Article 136
- A judge of the Constitutional Court may not be prosecuted for his decisions; this applies also after the termination of his term of office.
- If a judge of the Constitutional Court has been caught and detained when committing a criminal act, the relevant authority is obliged to report this immediately to the President of the Constitutional Court or, if it concerns the President of the Constitutional Court, to the Vice-President of the Constitutional Court. A judge of the Constitutional Court may not be detained without the consent of the Constitutional Court.
- The Constitutional Court gives consent to the taking into custody of a judge and the General Prosecutor. The Constitutional Court decides on the disciplinary motion against the Chief Justice of the Supreme Court of the Slovak Republic, the Deputy Chief Justice of the Supreme Court of the Slovak Republic and the General Prosecutor.
Article 137
- A judge appointed to the Constitutional Court shall renounce his or her membership in a political party or a political movement prior to taking the oath.
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Reference to art, Reference to science
The judges of the Constitutional Court shall hold their offices as a profession. The performance of this profession shall be incompatible with the post in another body of public authority, with public service relationship, with employment, with the similar labour relation, with an entrepreneurial activity, with membership in governing or control body of a legal person, which pursues an entrepreneurial activity or with another economic or gainful activities apart from the administration of his or her own property, and scientific, pedagogical, literary or artistic activity.
Article 138
- A judge of the Constitutional Court may resign from his or her office by written notice addressed to the President of the Constitutional Court. In such case his or her function expires at the elapse of the month in which the written notice of his resignation has been delivered.
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Constitutional court removal
The President of the Slovak Republic shall recall a judge of the Constitutional Court
- on the basis of a final condemning judgement for a wilful criminal offence or if he or she was lawfully convicted of a criminal offence and the court did not decide in his or her case on probationary suspension of the imprisonment sentence,
- on the basis of disciplinary decision made by the Constitutional Court for a conduct which is incompatible with holding the office of a judge of the Constitutional Court,
- if the Constitutional Court has announced that the judge does not participate in proceedings of the Constitutional Court for over one year, or
- if he or she is not eligible for the National Council of the Slovak Republic.
Article 139
In the case of a vacancy resulting from a resignation of, or removal from, office of the judge of the Constitutional court, the President of the Slovak Republic shall appoint another judge for a new term from two nominees approved by the National Council of the Slovak Republic.
Article 140
The details of the structure of, and proceedings before, the Constitutional Court, and the status of judges therein shall be specified by law.
Chapter Two. THE JUDICIARY OF THE SLOVAK REPUBLIC
Judicial independence
Article 141
- The judiciary shall be administered by independent and impartial courts of the Slovak Republic.
- The judiciary shall be independent of other branches of government at all levels.
Establishment of judicial council
Article 141a. The Judicial Council of the Slovak Republic
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Number of supreme court judges
The Chairman of the Judicial Council of the Slovak Republic is elected and recalled by the Judicial Council of the Slovak Republic from its members.
The members of the Judicial Council of the Slovak Republic are
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Number of supreme court judges
nine judges elected and recalled by the judges of the Slovak Republic,
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Number of supreme court judges
three members elected and recalled by the National Council of the Slovak Republic,
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Number of supreme court judges
three members appointed and recalled by the President of the Slovak Republic,
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Number of supreme court judges
three members appointed and recalled by the Government of the Slovak Republic.
- A person who has a character beyond reproach, has completed a university law education and has been practicing law for at least 15 years is eligible to become a chairman of the Judicial Council of the Slovak Republic or a member of the Judicial Council of the Slovak Republic pursuant to paragraph 1 letters b) to d).
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Reference to science, Reference to art
The execution of the post of the Chairman of the Judicial Council of the Slovak Republic is incompatible with the execution of a post in any other public authority body, a post, or contract of employment in a state body, any contract of employment or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of his own property and his scientific, pedagogical, literary or artistic activity.
- The term of office of members of the Judicial Council of the Slovak Republic is five years. The same person may be elected the Chairman of the Judicial Council of the Slovak Republic, and elected or appointed a member of the Judicial Council of the Slovak Republic no more than in two consecutive terms of office.
- The Judicial Council of the Slovak Republic has the following powers:
- to exercise the public control of the judiciary,
- to issue an opinion on whether the candidate for the appointment to the judicial office meets the eligibility requirements that guarantee that he will exercise the judicial office properly,
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Ordinary court selection, Supreme court selection, Supreme/ordinary court judge removal
to submit to the President of the Slovak Republic names of candidates proposed to be appointed judges and names of judges to be removed,
- to decide on assignment and transfer of judges,
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Supreme court selection, Supreme/ordinary court judge removal
to submit the proposals to the President of the Slovak Republic to appoint the Chief Justice of the Supreme Court of the Slovak Republic and the Deputy Chief Justice of the Supreme Court of the Slovak Republic and to recall them,
- to submit to the Government of the Slovak Republic proposals of candidates for judges who should represent the Slovak Republic in international judicial bodies,
- to elect and remove members of disciplinary senates and elect and remove chairmen of disciplinary senates,
- to comment on a draft budget of the Slovak judiciary in the process of drafting the state budget and to submit an opinion on the draft budget of the Slovak judiciary to the National Council of the Slovak Republic,
- to supervise whether a judge meets the eligibility requirements for the judicial office that guarantee that he will exercise the judicial office properly during the whole term of his office,
- to issue the principles of judicial ethics in collaboration with other organs of judicial self-administration, and
- other powers, if so laid down by the law.
- A consent of more than one-half of all members is required to adopt a decision of the Judicial Council of the Slovak Republic.
- The activities of the Judicial Council of the Slovak Republic are chaired and organized by its Chairman.
- The Chairman of the Judicial Council of the Slovak Republic may file a motion pursuant to Art. 125 paragraph 1 with the Constitutional Court of the Slovak Republic in matters of compatibility of legal acts concerning the judiciary.
- The Judicial Council of the Slovak Republic issues an opinion pursuant to paragraph 5 letter b) on the basis of the materials from the state organ that exercises the authority in the area of protection of classified information and [on the basis] of the statement of the candidate for the judicial office; the details shall be laid down by law.
- The loss of the eligibility requirements for the judicial office that guarantee that the judicial office will be exercised properly during the whole term of the judicial office shall be decided by a disciplinary senate; that does not affect the provisions stipulated in Art. 154d paragraph 1 to 3.
- The details of the method of constituting the members of the Judicial Council of the Slovak Republic, its powers, the substitution of the Chairman of the Judicial Council of the Slovak Republic, its organization and its relations with the court administration bodies and the bodies of judicial self-administration, as well as of the means how to supervise whether a judge meets the eligibility requirements for the judicial office that guarantee that he will exercise the judicial office properly during the whole term of his office, shall be laid down by law.
Article 142
- The courts shall rule on civil and criminal matters and also review the legitimacy of decisions made by bodies of public administration and legality of decisions, measures or other actions of bodies of public authority, if laid down by a law.
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Jury trials required
The courts shall decide in panels save a law provides that a single judge shall decide on the matter. A law shall lay down in which cases the lay judges from the citizenry shall participate in decision making of the panels and in which cases a court employee authorised by a judge can decide. A judicial remedy is admissible against a decision made by a court employee authorized by a judge, on which a judge shall always decide.
- Judgements shall be announced in the name of the Slovak Republic and always publicly.
Structure of the courts
Article 143
- The judicial system shall be composed of the Supreme Court of the Slovak Republic and other courts.
- Further details of the judicial system, jurisdiction of the courts, their structure, and procedural rules shall be established by law.
- To the extent laid down by law, the bodies of judicial self-administration shall participate in the management and administration of Courts.
International law
Article 144
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Judicial independence
Judges, in the performance of their function, shall be independent and, in decision making shall be bound by the Constitution, by constitutional law, by international treaty pursuant to Art. 7, paras. 2 and 5, and by law.
- If a Court assumes that other generally binding legal regulation, its part, or its individual provisions which concern a pending matter contradicts the Constitution, constitutional law, international treaty pursuant to Art. 7, para. 5 or law, it shall suspend the proceedings and shall submit a proposal for the commence of proceedings according to Art. 125, para. 1. Legal opinion of the Constitutional Court of the Slovak Republic contained in the decision shall be binding for the Court.
Article 145
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Ordinary court term length, Establishment of judicial council, Ordinary court selection, Supreme court term length, Supreme court selection, Supreme/ordinary court judge removal
The President of the Slovak Republic shall appoint and recall judges on the basis of a proposal of the Judiciary Council of the Slovak Republic; they are appointed without time restrictions.
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Minimum age of supreme court judges, Eligibility for ordinary court judges, Minimum age of ordinary court judges, Eligibility for supreme court judges
Any citizen of the Slovak Republic who is eligible to become a member of the National Council of the Slovak Republic, has reached the age of 30, completed a legal education and meets the eligibility requirements for the judicial office that guarantee that the judicial office will be exercised properly, may be appointed a judge. Further requirements regarding the appointment to the judicial office and promotion, as well as the scope of the immunity of judges, shall be laid down by law.
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Supreme court term limits, Establishment of judicial council, Eligibility for supreme court judges, Supreme court term length
The President of the Slovak Republic shall appoint the Chief Justice of the Slovak Republic and the Deputy Chief Justice of the Slovak Republic on a proposal of the Judiciary Council of the Slovak Republic from judges of the Supreme Court of the Slovak Republic for five years. The same person may only be appointed a Chief Justice of the Slovak Republic or a Deputy Chief Justice of the Slovak Republic for two consecutive terms. Before the expiry of the term of office, the President of the Slovak Republic may recall the Chief Justice of the Slovak Republic or Deputy Chief Justice of the Slovak Republic for reasons set in Art.147.
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Oaths to abide by constitution, International law
A judge takes this oath before the President of the Slovak Republic: "I swear on my honour and conscience that I shall abide by the Constitution, constitutional laws, international treaties, which were ratified by the Slovak Republic and were promulgated in the manner laid down by a law, and by laws; I shall interpret laws and decide according to my profound convictions, independently and impartially."
- Upon taking this oath, a judge assumes his or her function.
Article 145a
- If an appointed judge is a member of a political party or a political movement, he or she shall be obliged to resign his or her membership in them prior to taking the oath.
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Reference to art, Reference to science
A judge executes his function as a profession. The execution of the judicial office is incompatible with the execution of a post in any other public authority body, including the post of the Chairman of the Judicial Council of the Slovak Republic, a post, or contract of employment in a state body, any contract of employment or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of his own property and scientific, pedagogical, literary or artistic activity, and membership in the Judicial Council of the Slovak Republic.
Article 146
A judge may resign from his or her post by written notice to the President of the Slovak Republic. His or her function, in such a case, shall expire at the elapse of the calendar month in which the notice of resignation from the function is delivered.
Supreme/ordinary court judge removal, Establishment of judicial council
Article 147
- The President of the Slovak Republic, on a proposal of the Judicial Council of the Slovak Republic shall recall a judge on the basis of a final condemning judgement for a wilful criminal offence, or if he or she was lawfully convicted of a criminal offence and the court did not decide in his or her case on probationary suspension of serving of the imprisonment sentence, on the basis of a decision by a disciplinary senate for an activity which is incompatible with the discharge of the function of judge, or if his or her eligibility for election to the National Council of the Slovak Republic has terminated.
The President of the Slovak Republic will also recall, upon the proposal of the Judicial Council of the Slovak Republic, a judge who does not meet the eligibility requirements for the judicial office that guarantee that the judicial office will be exercised properly, on the ground of the decision of the Judicial Council of the Slovak Republic pursuant to the Art. 154d paragraph 1, or on the ground of the decision of the Constitutional Court, that entered into force, by which a complaint pursuant to the Art. 154d paragraph 2 was rejected.
- The President of the Slovak Republic, on a proposal of the Judicial Council of the Slovak Republic may recall a judge
- if his long-term health condition does not, for at least one year, allow him to perform his duties as a judge,
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Mandatory retirement age for judges
if he has attained the age of 65 years.
Article 148
- A judge may be transferred to another court only with his consent or on the basis of a decision of the disciplinary senate.
- The suspension of the judicial office shall not interfere with the independence of the judiciary. The reasons for suspending the judicial office, requirements for a temporary assignment of a judge, and other requirements regarding the suspension of the judicial office shall be laid down by law.
- The manner of establishing the lay judges shall be laid down by a law.
- A judge or a lay judge from the ranks of citizens may not be prosecuted for his decisions; this applies also after the termination of his term of office.
- A judge may file a complaint against the decision to initiate criminal prosecution against him with the Prosecutor General who shall decide on the complaint.
Transitional provisions
PART NINE. TRANSITORY AND FINAL PROVISIONS
Article 152
- The constitutional statutes, laws and other generally binding rules shall remain in force in the Slovak Republic unless they are in contradiction with this Constitution. They can be derogated and abrogated by the appropriate authorities of the Slovak Republic.
- Laws and other generally binding regulations passed in the Czech and Slovak Federal Republic shall become inoperative on the ninetieth day after the publication of a decision made by the Constitutional Court of the Slovak Republic on their invalidity and according to promulgation procedures fixed by law.
- The power to invalidate legislation shall be vested in the decision of the Constitutional Court of the Slovak Republic under the provisions defined in Article 130.
- Constitutional statutes, laws and other generally binding rules shall be interpreted and applied inconformity with this Constitution.
International law
Article 153
The Slovak Republic shall be the successor to all the rights and duties ensuing from international treaties and agreements binding on the Czech and Slovak Federal Republic to the extent fixed by a constitutional statute issued in the Czech and Slovak Federal Republic or to the extent specified in an agreement made between the Slovak Republic and the Czech Republic.
Article 154
- The criteria for judicial capacity which provide a guarantee that a judge will properly perform the office of judge apply also to judges who were already in office before 1st September 2014. The Judicial Council of the Slovak Republic adopts a standpoint on the criteria for judicial capacity mentioned in the previous sentence applied to each judge who was already in office before 1st September 2014 on the basis of documents from the state authority vested with the task of protecting classified materials, and of statements from the judge him/herself. Details of the decision-making on adopting a standpoint whether a judge fulfils the criteria for judicial capacity which provide a guarantee that the judge will properly perform his/her office, incl. the way of presenting his/her statements regarding those documents, shall be laid down by law
- A judge may submit a complaint against a resolution based on Article 154.1 and the Constitutional Court decides on this complaint.
- If a judge who was already in office before 1st September 2014 is held not to fulfil the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge, according to the final resolution of the Judicial Council of the Slovak Republic based on Article 154d.1, or the final decision of the Constitutional Court by which a complaint based on Article 154.2 has been rejected, the Judicial Council of the Slovak Republic shall propose that the President recall that judge. Non-fulfilment of the criteria for judicial capacity which provide a guarantee that a judge will properly perform the office of judge is sufficient reason for recalling a judge.
- The position of the President of the Judicial Council appointed on the basis of previous legislation lapsed on 1st September 2014. The Chief Justice of the Slovak Republic remains a member of the Judicial Council until the membership of those judges who were elected to the Judicial Council together with him according previous legislation also lapses.
- The members of the Judicial Council who were elected by the judges of the Slovak Republic, who were elected by the National Council of the Slovak republic, who were appointed by the President of the Slovak Republic and who were appointed by the government of the Slovak republic on the basis of previous legislation are considered as members of the Judicial Council of the Slovak republic according to this amendment; their membership is regulated by the previous legislation.
Article 154a
According to this constitutional act, the President of the National Council of the Slovak Republic shall announce the election of a President of the Slovak Republic within 30 days of the taking effect of a law promulgated pursuant to Art. 101, para.10.
Article 154b
- The President of the Slovak Republic shall, on a proposal from the Judiciary Council, appoint a judge elected for four years before time of taking effect of this constitutional act, a judge without time restriction on the expiration of his or her term of office, even if he had, not attained the age of 30 years on the date of his or her appointment.
- Judges elected according to present regulations without time restriction shall be considered judges appointed according to this constitutional act.
- The provisions of Art. 134, para. 2, first sentence, and para. 3, second sentence shall not apply to Constitutional Court judges appointed before taking effect of this constitutional act.
Legal status of treaties, International law
Article 154c
- International treaties on human rights and fundamental freedoms which the Slovak Republic has ratified and were promulgated in the manner laid down by a law before taking effect of this constitutional act, shall be a part of its legal order and shall have precedence over laws if they provide a greater scope of constitutional rights and freedoms.
- Other international treaties which the Slovak Republic has ratified and were promulgated in the manner laid down by a law before taking effect of this constitutional act, shall be a part of its legal order, if so provided by a law.
Article 154d
- The eligibility requirements for the judicial office that guarantee that the judicial office will be exercised properly shall apply also to judges appointed to the office prior to 1 September 2014. The Judicial Council of the Slovak Republic shall issue an opinion in the form of a decision on whether the judge appointed to the office prior to 1 September 2014 meets the eligibility requirements for the judicial office on the basis of the materials from the state organ that exercises the authority in the area of protection of classified information and [on the basis] of the statement of the judge concerned. The details about the process of decision-making of the Judicial Council of the Slovak Republic regarding the adoption of an opinion on whether the eligibility requirements for the judicial office that guarantee that the judicial office will be exercised properly are met, including the means how the judge concerned may comment on the dossier, shall be laid down by law.
- A complaint against the decision of the Judicial Council of the Slovak Republic pursuant to the paragraph 1 may be filed with the Constitutional Court; the details shall be laid down by the law.
- If a judge appointed to the office prior to 1 September 2014 does not meet the eligibility requirements for the judicial office that guarantee that judicial office will be exercised properly, the Judicial Council of the Slovak Republic will submit a proposal to recall the judge on the ground of the decision of the Judicial Council of the Slovak Republic pursuant to the Art. 154d paragraph 1, or on the ground of the decision of the Constitutional Court, that entered into force, by which a complaint pursuant to the Art. 154d paragraph 2 was rejected.
- The term of office of the Chairman of the Judicial Council of the Slovak Republic appointed pursuant to the present provisions shall be terminated on the day this Constitutional Act enters into effect. The Chief Justice of the Supreme Court of the Slovak Republic shall remain a member of the Judicial Council of the Slovak Republic until the term of office of those members of the Judicial Council of the Slovak Republic who were elected by the judges of the Slovak Republic pursuant to the present provisions finishes.
- The members of the Judicial Council of the Slovak Republic elected by the judges of the Slovak Republic, elected by the National Council of the Slovak Republic, appointed by the President of the Slovak Republic, and [those] appointed by the Government of the Slovak Republic pursuant to the present provisions are considered members of the Judicial Council of the Slovak Republic pursuant to this Constitutional Act; the present provisions shall apply to their membership.
Article 155
The following laws are hereby abrogated:
- The Slovak National Council Constitutional Statute 50/1990 concerning the name, the state emblem, the state flag, the state seal and the state anthem of the Slovak Republic;
- The Slovak National Council Constitutional Statute 79/1990 concerning the number of representatives in the Slovak National Council, the solemn vow taken by the representatives to the Slovak National Council, members of the Government of the Slovak Republic and the local government representatives in the National Committees and the official term of the Slovak National Council.
- The Slovak National Council Constitutional Statute 7/1992 on the Constitutional Court of the Slovak Republic.
Article 156
This Constitution of the Slovak Republic shall enter into effect on the day of its Proclamation except for the following: Article 3, section (2), Article 23, section (4) in the cases of expelling or extraditing an alien; Articles 53 and 84, section (3) in the case of war against another state, Article 86 subsection k) and 1 ) and Article 102 subsection g) in the case of academic appointments of university professors, presidents of universities, and promotions of military generals, Article 102, subsections j) and k) and Article 152 section 1,second clause in the case of constitutional statutes, laws and other general binding rules issued by the appropriate authorities in the Czech and Slovak Federal Republic which shall become operative concurrently with the appropriate constitutional changes in the Czech and Slovak Republic under the provisions of this Constitution.