Constitution of the Slovak Republic 1992
Constitution of the Slovak Republic passed by the Slovak National Council on 1 September and signed on 3 September 1992
Preamble
We, the Slovak nation, mindful of the political and cultural
heritage of our forebears, and of the centuries of experience
from the struggle for national existence and our own
statehood, in the sense of the spiritual heritage of Cyril
and Methodius and the historical legacy of the Great Moravian
Empire, proceeding from the natural right of nations to
self-determination, together with members of national
minorities and ethnic groups living on the territory of the
Slovak Republic, in the interest of lasting peaceful
cooperation with other democratic states, seeking the
application of the democratic form of government and the
guarantees of a free life and the development of spiritual
culture and economic prosperity, that is, we, citizens of the
Slovak Republic, adopt through our representatives the
following Constitution:
CHAPTER ONE
Part One
Basic Provisions
Article 1
The Slovak Republic is a sovereign, democratic, and
law-governed state. It is not linked to any ideology or
religious belief.
Article 2
(1) State power is derived from citizens, who execute it
through their elected representatives or directly.
(2) State bodies can act only on the basis of the
Constitution, within its limits, and to the extent and in a
manner defined by law.
(3) Everyone can do what is not forbidden by law and no one
must be forced to do anything that is not laid down by law.
Article 3
(1) The territory of the Slovak Republic is united and
indivisible.
(2) The borders of the Slovak Republic can be changed only by
a constitutional law.
Article 4
Natural wealth, underground water, natural medicinal springs,
and waterways are in the ownership of the Slovak Republic.
Article 5
(1) Conditions for the acquisition and loss of the
citizenship of the Slovak Republic are determined by law.
(2) No one must be deprived of the citizenship of the Slovak
Republic against his will.
Article 6
(1) Slovak is the state language on the territory of the
Slovak Republic.
(2) The use of other languages in dealings with the
authorities will be regulated by law.
Article 7
On the basis of its free decision, the Slovak Republic can
enter into a state alliance [zvazok] with other states. The
right to secession from this alliance must not be
restricted. The decision on entering into a state alliance
with other states or on secession from this alliance will be
made by a constitutional law and a subsequent referendum.
Article 8
The state symbols of the Slovak Republic are the state
emblem, the national flag, the state seal, and the national
anthem.
Article 9
(1) The state emblem of the Slovak Republic is represented by
a red early Gothic shield featuring a silver double cross on
the middle of three blue symbolic mountain peaks.
(2) The national flag of the Slovak Republic consists of
three long bands -- white, blue, and red. The front side of
the national flag of the Slovak Republic features the state
emblem of the Slovak Republic.
(3) The state seal of the Slovak Republic is represented by
the state emblem of the Slovak Republic, with the inscription
"Slovak Republic" positioned in a circle around it.
(4) The national anthem of the Slovak Republic is the first
two stanzas of the song "Nad Tatrou sa blyska" [Lightning
Flashes Over the Tatra Mountains].
(5) Details concerning the state emblem, the national flag,
the state seal, and the national anthem and their use will be
set out in a law.
Article 10
(1) Bratislava is the capital of the Slovak Republic.
(2) The status of Bratislava as the capital of the Slovak
Republic will be set out in a law.
CHAPTER TWO
Basic Rights and Freedoms
Part One
General Provisions
Article 11
International treaties on human rights and basic liberties
that were ratified by the Slovak Republic and promulgated in
a manner determined by law take precedence over its own laws,
provided that they secure a greater extent of constitutional
rights and liberties.
Article 12
(1) People are free and equal in dignity and their rights.
Basic rights and liberties are inviolable, inalienable,
secured by law, and unchallengeable.
(2) Basic rights and liberties on the territory of the Slovak
Republic are guaranteed to everyone regardless of sex, race,
color of skin, language, creed and religion, political or
other beliefs, national or social origin, affiliation to a
nation or ethnic group, property, descent, or another
status. No one must be harmed, preferred, or discriminated
against on these grounds.
(3) Everyone has the right to freely decide on his
nationality. Any influence on this decision and any form of
pressure aimed at assimilation are forbidden.
(4) No one must be restricted in his rights because he
upholds his basic rights and liberties.
Article 13
(1) Duties can be imposed only on the basis of law, within
its limits, and while complying with basic rights and
liberties.
(2) Limits to basic rights and liberties can be set only by
law, under conditions laid down in this Constitution.
(3) Legal restrictions of constitutional rights and liberties
must apply equally to all cases that meet the set conditions.
(4) When restricting constitutional rights and liberties,
attention must be paid to their essence and meaning. These
restrictions must not be used for any other than the set
purpose.
Part Two
Basic Human Rights and Liberties
Article 14
Everyone is worthy of having rights.
Article 15
(1) Everyone has the right to life. Human life is worthy of
protection even prior to birth.
(2) No one must be deprived of life.
(3) Capital punishment is not permitted.
(4) If someone was deprived of life as a result of an action
that does not represent a criminal act, this does not
constitute a violation of rights according to this article.
Article 16
(1) The inviolability of the person and its privacy is
guaranteed. It can be limited only in cases defined by law.
(2) No one must be tortured or subjected to cruel, inhuman,
or humiliating treatment or punishment.
Article 17
(1) Personal freedom is guaranteed.
(2) No one must be prosecuted or deprived of freedom other
than for reasons and in a manner defined by law. No one must
be deprived of freedom solely because of his inability to
comply with a contractual obligation.
(3) A person accused or suspected of a criminal act can be
detained only in cases defined by law. The detained person
must be immediately informed of the reasons for the
detainment, interrogated, and either released or brought
before the court within 24 hours at the latest. The judge
must question the detainee within 24 hours of taking over the
case and decide on his or her custody or release.
(4) An accused person may be arrested only on the basis of a
written, substantiated court warrant. The arrested person
must be brought before the court within 24 hours. The judge
must question the arrested person within 24 hours of taking
over the case and decide on his or her custody or release.
(5) A person can be taken into custody only for reasons and
for a period defined by law and on the basis of a court
ruling.
(6) The law will specify in which cases a person can be
admitted to, or kept in, institutional health care without
his or her consent. Such a measure must be reported within
24 hours to the court, which will then decide on this
placement within five days.
(7) The mental state of a person accused of criminal activity
can be examined only on the basis of the court's written
order.
Article 18
(1) No one must be subjected to forced labor or services.
(2) The provision of section 1 does not apply to
a) work assigned according to the law to persons serving a
prison term or some other punishment substituting for a
prison term,
b) military service or some other service assigned by law in
lieu of compulsory military service,
c) services required on the basis of the law in the event of
natural catastrophes, accidents, or other dangers posing a
threat to life, health, or property of great value,
d) activities laid down by law to protect life, health, or
the rights of others.
Article 19
(1) Everyone has the right to the preservation of his human
dignity and personal honor, and the protection of his good
name.
(2) Everyone has the right to protection against unwarranted
interference in his private and family life.
(3) Everyone has the right to protection against the
unwarranted collection, publication, or other illicit use of
his personal data.
Article 20
(1) Everyone has the right to own property. The ownership
right of all owners has the same legal content and deserves
the same protection. Inheritance of property is guaranteed.
(2) The law will specify which property other than property
listed in Article 4 that is essential to meet the needs of
society, the development of the national economy, and public
interest can be owned only by the state, community, or
designated juridical persons. The law can also specify that
certain property can be owned only by citizens or juridical
persons resident in the Slovak Republic.
(3) Ownership is binding. It must not be misused to the
detriment of others or at variance with general interests
protected by law. By exercising ownership, no harm must be
done to human health, nature, cultural monuments, and the
environment beyond limits set by law.
(4) Expropriation or enforced restriction of the ownership
right is admissible only to the extent that it is unavoidable
and in the public interest, on the basis of law, and in
return for adequate compensation.
Article 21
(1) A person's home is inviolable. It must not be entered
without the resident's consent.
(2) A house search is admissible only in connection with
criminal proceedings and only on the basis of the judge's
written and substantiated order. The method of carrying out
a house search will be set out in a law.
(3) Other infringements upon the inviolability of one's home
can be permitted by law only if this is inevitable in a
democratic society in order to protect people's lives,
health, or property, to protect the rights and liberties of
others, or to ward off a serious threat to public order. If
the home is used also for business or to perform some other
economic activity, such infringements can be permitted by law
also when this is unavoidable in meeting the tasks of public
administration.
Article 22
(1) The privacy of correspondence and secrecy of mailed
messages and other written documents and the protection of
personal data are guaranteed.
(2) No one must violate the privacy of correspondence and the
secrecy of other written documents and records, whether they
are kept in privacy or sent by mail or in another way, with
the exception of cases to be set out in a law. Equally
guaranteed is the secrecy of messages conveyed by telephone,
telegraph, or other similar means.
Article 23
(1) Freedom of movement and of abode are guaranteed.
(2) Everyone who is rightfully staying on the territory of
the Slovak Republic has the right to freely leave this
territory.
(3) Freedoms according to sections 1 and 2 can be restricted
by law if it is unavoidable for the security of the state, to
maintain public order, protect the health and the rights and
liberties of others, and, in designated areas, also for
reasons of environmental protection.
(4) Every citizen has the right to freely enter the territory
of the Slovak Republic. A citizen must not be forced to
leave his homeland and he must not be deported or extradited.
(5) A foreign national can be deported only in cases
specified by law.
Article 24
(1) The freedoms of thought, conscience, religion, and faith
are guaranteed. This right also comprises the possibility to
change one's religious belief or faith. Everyone has the
right to be without religious belief. Everyone has the right
to publicly express his opinion.
(2) Everyone has the right to freely express his religion or
faith on his own or together with others, privately or
publicly, by means of divine and religious services, by
observing religious rites, or by participating in the
teaching of religion.
(3) Churches and religious communities administer their own
affairs. In particular, they constitute their own bodies,
inaugurate their clergymen, organize the teaching of
religion, and establish religious orders and other church
institutions independently of state bodies.
(4) Conditions for exercising rights according to sections 1
to 3 can be limited only by law, if such a measure is
unavoidable in a democratic society to protect public order,
health, morality, or the rights and liberties of others.
Article 25
(1) The defense of the Slovak Republic is a matter of honor
for each citizen.
(2) No one must be forced to perform military service if this
runs counter to his conscience or religious belief. The
details will be specified in a law.
Part Three
Political Rights
Article 26
(1) The freedom of speech and the right to information are
guaranteed.
(2) Everyone has the right to express his views in word,
writing, print, picture, or other means as well as the right
to freely seek out, receive, and spread ideas and information
without regard for state borders. The issuing of press is
not subject to licensing procedures. Enterprise in the
fields of radio and television may be pegged to the awarding
of an authorization from the state. The conditions will be
specified by law.
(3) Censorship is banned.
(4) The freedom of speech and the right to seek out and
spread information can be restricted by law if such a measure
is unavoidable in a democratic society to protect the rights
and liberties of others, state security, public order, or
public health and morality.
(5) State bodies and territorial self-administration bodies
are under an obligation to provide information on their
activities in an appropriate manner and in the state
language. The conditions and manner of execution will be
specified by law.
Article 27
(1) The right of petition is guaranteed. Everyone has the
right, alone or with others, to address requests, proposals,
and complaints to state bodies and territorial
self-administration bodies in matters of public or other
common interest.
(2) A petition must not be used to call for the violation of
basic rights and liberties.
(3) A petition must not interfere with the independence of a
court.
Article 28
(1) The right to assemble peacefully is guaranteed.
(2) Conditions for exercising this right will be set out in a
law in the event of assemblies in public places, if such a
measure is unavoidable in a democratic society to protect the
rights-and liberties of others, public order, health and
morality, property, or the security of the state. An
assembly must not be made conditional on the issuance of an
authorization by a state administration body.
Article 29
(1) The right to freely associate is guaranteed. Everyone
has the right to associate with others in clubs, societies,
or other associations.
(2) Citizens have the right to establish political parties
and political movements and to associate in them.
(3) The enactment of rights according to sections 1 and 2 can
be restricted only in cases specified by law, if this is
unavoidable in a democratic society for reasons of state
security, to protect public order, to forestall criminal
acts, or to protect the rights and liberties of others.
(4) Political parties and political movements, as well as
clubs, societies, and other associations are separated from
the state.
Article 30
(1) Citizens have the right to participate in the
administration of public affairs either directly or through
the free election of their representatives.
(2) Elections must be held within deadlines that do not
exceed the regular electoral period as defined by law.
(3) The right to vote is universal, equal, and direct and is
exercised by means of secret ballot. Conditions for
exercising the right to vote will be set out in a law.
(4) Citizens have access to elected and other public posts
under equal conditions.
Article 31
The legal definition of all political rights and liberties
and their interpretation and use must enable and protect the
free competition of political forces in a democratic society.
Article 32
Citizens have the right to put up resistance to anyone who
would eliminate the democratic order of human rights and
basic liberties listed in this Constitution, if the activity
of constitutional bodies and the effective use of legal means
are rendered impossible.
Part Four
The Rights of National Minorities and Ethnic Groups
Article 33
Membership of any national minority or ethnic group must not
be to anyone's detriment.
Article 34
(1) The comprehensive development of citizens representing
national minorities or ethnic groups in the Slovak Republic
is guaranteed, particularly the right to develop their own
culture, together with other members of the minority or
ethnic group, the right to disseminate and receive
information in their mother tongue, the right to associate in
national minority associations, and the right to set up and
maintain educational and cultural institutions. Details will
be set out in a law.
(2) In addition to the right to master the state language,
citizens belonging to national minorities or ethnic groups
also have, under conditions defined by law, a guaranteed
a) right to education in their own language,
b) right to use their language in dealings with the
authorities,
c) right to participate in the solution of affairs concerning
national minorities and ethnic groups.
(3) The enactment of the rights of citizens belonging to
national minorities and ethnic groups that are guaranteed in
this Constitution must not be conducive to jeopardizing the
sovereignty and territorial integrity of the Slovak Republic
or to discrimination against its other inhabitants.
Part Five
Economic, Social, and Cultural Rights
Article 35
(1) Everyone has the right to a free choice of profession and
to training for it, as well as the right to engage in
entrepreneurial or other gainful activity.
(2) Conditions and restrictions with regard to the execution
of certain professions or activities can be specified by law.
(3) Citizens have the right to work. Citizens who are unable
to exercise this right through no fault of their own are
provided for materially by the state to an appropriate
extent. The conditions will be defined by law.
(4) A different regulation of rights listed under sections 1
through 3 can be specified by law for foreign nationals.
Article 36
Employees have the right to equitable and adequate working
conditions. The law guarantees, above all
a) the right to remuneration for work done, sufficient to
ensure the employee's dignified standard of living,
b) protection against arbitrary dismissal and discrimination
at the place of work,
c) labor safety and the protection of health at work,
d) the longest admissible working time,
e) adequate rest after work,
f) the shortest admissible period of paid leave,
g) the right to collective bargaining.
Article 37
(1) Everyone has the right to freely associate with others in
order to protect his economic and social interests.
(2) Trade union organizations are established independently
of the state. It is inadmissible to limit the number of
trade union organizations, in the same way as it is
inadmissible to give some of them a preferential status, be
it in an enterprise or a branch of the economy.
(3) The activity of trade union organizations and the
founding and operation of other associations protecting
economic and social interests can be restricted by law if
such a measure is unavoidable in a democratic society to
protect the security of the state, public order, or the
rights and liberties of others.
(4) The right to strike is guaranteed. The conditions will
be defined by law. This right does not extend to judges,
prosecutors, members of the armed forces and armed corps, and
members of the fire brigades.
Article 38
(1) Women, minors, and persons with impaired health are
entitled to an enhanced protection of their health at work as
well as to special working conditions.
(2) Minors and persons with impaired health are entitled to
special protection in labor relations as well as to
assistance in professional training.
(3) Details concerning rights listed in sections 1 and 2 will
be set out in a law.
Article 39
(1) Citizens have the right to adequate material provision in
old age, in the event of work disability, as well as after
losing their provider.
(2) Everyone who is in material need is entitled to
assistance necessary to ensure basic living conditions.
(3) Details concerning rights listed in sections 1 and 2 will
be set out in a law.
Article 40
Everyone has a right to the protection of his health. Based
on public insurance, citizens have the right to free health
care and to medical supplies under conditions defined by law.
Article 41
(1) Marriage, parenthood, and the family are under the
protection of the law. The special protection of children
and minors is guaranteed.
(2) Special care, protection in labor relations, and adequate
working conditions are guaranteed to women during the period
of pregnancy.
(3) Children born in and out of wedlock enjoy equal rights.
(4) Child care and the upbringing of children are among the
rights of parents; children have the right to parental care
and upbringing. Parents' rights can be restricted and minors
can be separated from their parents against their will only
by means of a court ruling based on the law.
(5) Parents caring for children are entitled to assistance
from the state.
(6) Details concerning rights listed in sections 1 through 5
will be set out in a law.
Article 42
(1) Everyone has the right to education. School attendance
is compulsory. Its period and age limit will be defined by
law.
(2) Citizens have the right to free education at primary and
secondary schools and, based on their abilities and society's
resources, also at higher educational establishments.
(3) Schools other than state schools may be established, and
instruction in them provided, only under conditions defined
by law. Such schools may charge a tuition fee.
(4) A law will specify under which conditions citizens who
are engaged in studies are entitled to assistance from the
state.
Article 43
(1) Freedom of scientific research and in art are
guaranteed. The rights to the results of creative
intellectual activity are protected by law.
(2) The right of access to the cultural heritage is
guaranteed under conditions defined by law.
Part Six
The Right to the Protection of the Environment and the Cultural
Heritage
Article 44
(1) Everyone has the right to an auspicious environment.
(2) Everyone is obliged to protect and enhance the
environment and the cultural heritage.
(3) No one must endanger or damage the environment, natural
resources, and the cultural heritage beyond the extent
established by law.
(4) The state looks after an economical use of natural
resources, ecological balance, and effective environmental
care.
Article 45
Everyone has the right to timely and complete information
about the state of the environment and the causes and
consequences of its condition.
Part Seven
The Right to Protection by the Court and Other Legal Protection
Article 46
(1) Everyone may claim by the established legal procedure his
right to an independent and impartial court hearing and, in
cases designated by law, to another body of the Slovak
Republic.
(2) Anyone who claims to have been deprived of his rights by
a decision of a public administration body may appeal to the
court for it to reexamine the lawfulness of that decision,
unless specified otherwise by law. The reexamination of
decisions concerning basic rights and liberties must not,
however, be excluded from the court's authority.
(3) Everyone is entitled to compensation for damage incurred
as a result of an unlawful decision by a court or another
state or public administration body, or as a result of an
incorrect official procedure.
(4) Conditions and details concerning court and other legal
protection will be set out in a law.
Article 47
(1) Everyone has the right to refuse to testify if, by doing
so, he might expose himself or a person close to him to the
risk of criminal prosecution.
(2) Everyone has the right to legal assistance in court
proceedings or proceedings before other state or public
administration bodies. He has this right from the very start
of the proceedings, under conditions defined by law.
(3) All participants in proceedings according to section 2
are equal.
(4) Anyone who declares that he does not have a command of
the language in which the proceedings according to section 2
are conducted has the right to an interpreter.
Article 48
(1) No one must be removed from the jurisdiction of his
law-assigned judge. The jurisdiction of the court is
established by law.
(2) Everyone has the right to have his case tried in public,
without needless procrastination, and in his presence and to
deliver his opinion on all pieces of evidence. The public
can be excluded only in cases specified by law.
Article 49
Only the law established which conduct constitutes a criminal
act and what punishment or other form of deprivation of
rights or property may be inflicted upon those who committed
it.
Article 50
(1) Only the court shall decide on guilt and punishment for
criminal acts.
(2) Every defendant is considered innocent until the court
establishes his guilt by means of a legally valid verdict.
(3) The accused has the right to be granted the time and
opportunity to prepare his defense, either himself or through
a defense counsel.
(4) The defendant has the right to refuse to testify and must
not be denied this right under any circumstances.
(5) No one must be made criminally liable for a deed for
which he has already been sentenced or of which he has
already been acquitted in a legally valid manner. This
principle does not rule out the application of extraordinary
corrective means in harmony with the law.
(6) The criminal liability of a deed is assessed, and
punishment is meted out, according to the law valid at the
time when the offense was committed. A more recent law will
be applied if it is more favorable for the perpetrator.
Part Eight
Common Provisions for Chapters One and Two
Article 51
The rights listed under Article 35, Article 36, Article 37
section 4, Articles 38 through 42, and Articles 44 through 46
of this Constitution can be claimed only within the limits of
the laws that execute those provisions.
Article 52
(1) Wherever the term "citizen" is used in Chapters One and
Two of this Constitution, this is understood to mean citizen
of the Slovak Republic.
(2) Foreign nationals enjoy in the Slovak Republic basic
human rights and liberties guaranteed by this Constitution,
unless these are expressly granted only to citizens.
(3) Wherever the term "citizen" is used in previous legal
regulations, this is understood to mean every person,
wherever this concerns the rights and liberties that this
Constitution extends regardless of citizenship.
Article 53
The Slovak Republic grants asylum to foreign nationals
persecuted for upholding political rights and liberties.
Asylum may be denied to those who acted at variance with
basic human rights and liberties. Details will be defined by
law.
Article 54
The law may restrict the right of judges and prosecutors to
engage in entrepreneurial and other activity and the right
listed under Article 29 section 2; the right of employees of
state administration bodies and territorial
self-administration bodies in designated functions listed
under Article 37 section 4; and the rights of members of
armed forces and armed corps listed under Articles 27 and 28,
if these are related to the execution of their duties. The
law may restrict the right to strike for persons in
professions that are vital for the protection of life and
health.
CHAPTER THREE
Part One
The Economy of the Slovak Republic
Article 55
(1) The economy of the Slovak Republic is based on the
principles of a socially and ecologically oriented market
economy.
(2) The Slovak Republic protects and promotes economic
competition. Details will be set out in a law.
Article 56
The Slovak Republic establishes a bank of issue. Details
will be set out in a law.
Article 57
The Slovak Republic is a customs territory.
Article 58
(1) The financial management of the Slovak Republic is
administered by its state budget. The state budget is
adopted by means of a law.
(2) State budget revenues, the rules of budget economy, and
the relationship between the state budget and the budgets of
territorial units will be set out in a law.
(3) Special-purpose funds linked to the state budget of the
Slovak Republic are established by law.
Article 59
(1) There exist state and local taxes and fees.
(2) Taxes and fees may be levied by law or on the basis of a
law.
Part Two
Supreme Control Office of the Slovak Republic
Article 60
The Supreme Control Office of the Slovak Republic is an
independent body carrying out control of the management of
budgetary resources, state property, property rights, and
state claims.
Article 61
(1) The Supreme Control Office is headed by a chairman. The
chairman and deputy chairmen of the Supreme Control Office
are elected and recalled by the National Council of the
Slovak Republic.
(2) Any citizen of the Slovak Republic who may be elected to
the National Council of the Slovak Republic may be elected
chairman of the Supreme Control Office.
(3) The same person may be elected chairman of the Supreme
Control Office for a maximum of two consecutive five-year
terms.
(4) The posts of chairman and deputy chairmen of the Supreme
Control Office are incompatible with any other post in state
bodies, territorial self-administration bodies, or bodies of
juridical persons engaged in entrepreneurial activity.
Article 62
The Supreme Control Office submits reports on the results of
its inquiries to the National Council of the Slovak Republic
at least once a year and whenever requested to do so by the
National Council of the Slovak Republic.
Article 63
The sphere of competence, powers, and internal organizational
structure of the Supreme Control Office will be set out in a
law.
CHAPTER FOUR
Territorial Self-Administration
Article 64
(1) The community is the basic element of territorial
self-administration.
(2) The community is an independent territorial and
administrative unit of the Slovak Republic comprising persons
who are permanently resident on its territory.
(3) The self-administration of higher territorial units and
their bodies will be established by law.
Article 65
(1) The community is a juridical person that, under
conditions set out in a law, independently manages its own
property and financial resources.
(2) The community finances its needs, first and foremost,
from its own revenues, as well as from state subsidies. The
law specifies which taxes and fees represent communities'
revenue. State subsidies may be claimed only within the
limits of the law.
Article 66
The community has the right to pool its resources with those
of other communities in the interest of ensuring matters of
common interest.
Article 67
The community decides independently in matters of local
self-administration. Duties and restrictions may be imposed
on it only by the law. Territorial self-administration is
enacted at meetings of community residents, by means of a
local referendum, or through community bodies.
Article 68
The community may issue generally binding decrees in matters
of local self-administration.
Article 69
(1) Community bodies are
a) the community representative body
b) the mayor
(2) The community representative body is composed of deputies
to the community representative body. Elections of deputies
to community representative bodies are held by secret ballot,
on the basis of a general, equal, and direct right to vote.
(3) The mayor is elected by citizens of the community by
secret ballot, on the basis of a general, equal, and direct
right to vote. The mayor of a community constitutes the
community's executive body. He executes community
administration and represents the community outwardly.
Article 70
The prerequisites for a community to be declared a town, and
the method of doing so, will be defined by law, which will
also designate the names of town bodies.
Article 71
(1) The execution of designated tasks of local state
administration can be transferred by law to the community.
The cost of the execution of state administration transferred
in this manner will be covered by the state.
(2) In executing state administration, the community may, on
the basis of the law, issue decrees that are generally
binding within its area of jurisdiction, if empowered to do
so by the law. The execution of state administration
transferred to the community is steered by law and controlled
by the Government. Details will be specified in a law.
CHAPTER FIVE
Legislative Power
Part One
The National Council of the Slovak Republic
Article 72
The National Council of the Slovak Republic is the sole
constituent and legislative body of the Slovak Republic.
Article 73
(1) The National Council of the Slovak Republic has 150
deputies who are elected for a four-year period.
(2) Deputies are representatives of citizens. They execute
their mandate personally according to their conscience and
conviction and are not bound by orders.
Article 74
(1) Deputies are elected by secret ballot in general, equal,
and direct elections.
(2) A citizen who has the right to vote, has reached the age
of 21, and is permanently resident on the territory of the
Slovak Republic can be elected deputy.
(3) Details concerning the election of deputies will be set
out in a law.
Article 75
(1) The deputy is sworn in at the first meeting of the
National Council of the Slovak Republic in which he
participates, by taking the following oath:
"I promise by my honor and conscience to be faithful to the
Slovak Republic. I will fulfill my duties in the interest of
its citizens. I will observe the Constitution and other laws
and work toward their translation into life."
(2) Refusing to take this oath, or taking it with
reservations, results in the loss of mandate.
Article 76
The validity of the election of deputies is verified by the
National Council of the Slovak Republic.
Article 77
(1) The post of deputy is incompatible with the post of
president, judge, prosecutor, member of the Police Corps,
member of the Prison Guard Corps, and professional soldier.
(2) If a deputy is appointed member of the Government of the
Slovak Republic, his mandate as a deputy does not cease while
he executes the government post, but is just not being
exercised.
Article 78
(1) A deputy cannot be made criminally liable because of his
voting in the National Council of the Slovak Republic or its
bodies, which applies also to the period after the expiry of
his mandate. For statements made in the National Council of
the Slovak Republic or its bodies while discharging the
functions of a deputy, a deputy is answerable to the
disciplinary powers of the National Council of the Slovak
Republic.
(2) No criminal or disciplinary proceedings can be initiated
against a deputy, and he cannot be taken into custody,
without the consent of the National Council of the Slovak
Republic. If the National Council of the Slovak Republic
denies its consent, prosecution is ruled out forever.
(3) If a deputy has been caught and detained while committing
a criminal offense, the relevant authority is obliged to
report this immediately to the chairman of the National
Council of the Slovak Republic. Unless the Mandate and
Immunity Committee of the National Council of the Slovak
Republic gives its consent to the detainment, the deputy must
be released immediately.
Article 79
A deputy may refuse to testify in matters about which he
learned while discharging his office, even after he ceases to
be a deputy.
Article 80
(1) A deputy may address an interpellation to the Government
of the Slovak Republic, a member of the Government of the
Slovak Republic, or the head of another central body of state
administration concerning matters within their jurisdiction.
The deputy must receive a reply within 30 days.
(2) The reply to an interpellation shall become the subject
of a debate in the National Council of the Slovak Republic
that may be linked with a vote of confidence.
Article 81
(1) A deputy may surrender the post of deputy.
(2) The mandate of a deputy shall expire if the deputy is
sentenced in a legally valid way for a particularly grave
deliberate criminal act.
Article 82
(1) The National Council of the Slovak Republic holds
permanent sessions.
(2) The constituent meeting of the National Council of the
Slovak Republic is called by the president of the Slovak
Republic within 30 days after the announcement of election
results. If he fails to do so, the National Council of the
Slovak Republic convenes on the 30th day after the
announcement of the election results.
(3) The National Council of the Slovak Republic may interrupt
its session by means of a resolution. The length of
interruption must not exceed four months in a year. The
chairman, deputy chairmen, and bodies of the National Council
of the Slovak Republic perform their duties while the
National Council of the Slovak Republic is in recess.
(4) While the session is interrupted, the chairman of the
National Council of the Slovak Republic may call a meeting of
the National Council of the Slovak Republic even prior to the
set date. He will call a meeting whenever requested to do so
by the Government of the Slovak Republic or at least
one-fifth of the deputies.
(5) The session of the National Council of the Slovak
Republic ends with the expiration of the electoral term or
with its dissolution.
Article 83
(1) Meetings of the National Council of the Slovak Republic
are called by its chairman.
(2) The chairman of the National Council of the Slovak
Republic shall call a meeting of the National Council of the
Slovak Republic also when requested to do so by at least
one-fifth of its deputies. In that case he will call a
meeting within seven days.
(3) Meetings of the National Council of the Slovak Republic
are public.
(4) Non-public meetings can be held only in cases specified
by law or on the basis of a decision by three-fifths of all
deputies of the National Council of the Slovak Republic.
Article 84
(1) The National Council of the Slovak Republic has a quorum
if more than one-half of all its deputies are present.
(2) For a resolution of the National Council of the Slovak
Republic to be valid, it must be passed by more than one-half
of the deputies present, unless specified otherwise by this
Constitution.
(3) The agreement of at least a three-fifths majority of all
deputies is required to pass and amend the Constitution and
constitutional laws, to elect and recall the president, and
to declare war on another state.
Article 85
At the request of the National Council of the Slovak Republic
or its body, a member of the Government of the Slovak
Republic or head of another body of state administration must
participate in its meeting or in the meeting of its body.
Article 86
The jurisdiction of the National Council of the Slovak
Republic comprises, above all:
a) deciding upon the Constitution and constitutional and
other laws and controlling compliance with them,
b) electing and recalling the president of the Slovak
Republic by secret ballot,
c) approving by means of a constitutional law a treaty on the
Slovak Republic's entering into an alliance with other states
and on its abrogation of such a treaty,
d) deciding on proposals to call a referendum,
e) voicing consent, prior to ratification, with the
conclusion of international political treaties, international
economic treaties of a general nature, as well as with
international treaties whose execution requires the passing
of a law,
f) establishing ministries and other state administration
bodies by means of law,
g) discussing the policy statement of the Government of the
Slovak Republic, controlling the Government's activity, and
passing a vote of confidence in the Government or its
members,
h) approving the state budget, checking on its fulfillment,
and approving the state closing account,
i) discussing basic domestic, international, economic,
social, and other political issues,
j) electing judges, the chairman and deputy chairman of the
Supreme Court of the Slovak Republic, the chairman and deputy
chairman of the Constitutional Court of the Slovak Republic,
and the chairman and deputy chairman of the Supreme Control
Office of the Slovak Republic.
k) deciding on the declaration of war if the Slovak Republic
is attacked or as a result of commitments arising from
international treaties on common defense against aggression,
l) expressing consent to sending armed forces outside the
territory of the Slovak Republic.
Article 87
(1) Bills can be tabled by committees of the National Council
of the Slovak Republic, deputies, and the Government of the
Slovak Republic.
(2) Laws of the National Council of the Slovak Republic are
signed by the chairman of the National Council of the Slovak
Republic, the president of the Slovak Republic, and the prime
minister of the Slovak Republic.
(3) If the president of the Slovak Republic returns a
constitutional or other law with comments, the National
Council of the Slovak Republic will discuss the
constitutional or other law again and, in the event of its
approval, such a law must be promulgated.
(4) The president of the Slovak Republic will return a law
with comments, in line with section 3, whenever requested to
do so by the Government of the Slovak Republic.
(5) A law becomes valid with its promulgation. Details will
be set out in a law.
Article 88
(1) The motion to pass a vote of no-confidence in the
Government of the Slovak Republic or a member of it will be
discussed by the National Council of the Slovak Republic if
requested by at least one-fifth of its deputies.
(2) The consent of more than 50 percent of all deputies is
required to pass a vote of no-confidence in the Government of
the Slovak Republic or a member of it.
Article 89
(1) The chairman of the National Council of the Slovak
Republic is elected and recalled by the National Council of
the Slovak Republic by secret ballot, by more than 50 percent
of the votes of all deputies. The chairman is accountable
only to the National Council of the Slovak Republic.
(2) The chairman of the National Council of the Slovak
Republic
a) calls and chairs meetings of the National Council of the
Slovak Republic,
b) signs the Constitution, constitutional laws, and other
laws,
c) takes the oath from deputies of the National Council of
the Slovak Republic,
d) takes the oath from the president of the Slovak Republic,
e) takes the oath from judges, the chairman of the Supreme
Court of the Slovak Republic, and the chairman of the
Constitutional Court of the Slovak Republic,
f) calls elections to the National Council of the Slovak
Republic.
(3) The chairman of the National Council of the Slovak
Republic remains in office after the electoral period
expires, until the National Council of the Slovak Republic
elects a new chairman.
Article 90
(1) The deputy chairman of the National Council of the Slovak
Republic act as substitutes for the chairman. They are
elected and recalled by secret ballot by the National Council
of the Slovak Republic, by the votes of more than 50 percent
of all deputies. The deputy chairman of the National Council
of the Slovak Republic is accountable to the National Council
of the Slovak Republic.
(2) The provision of Article 89 section 3 applies also to the
deputy chairman of the National Council of the Slovak
Republic.
Article 91
The activity of the National Council of the Slovak Republic
is steered and organized by the chairman and deputy chairmen.
Article 92
(1) The National Council of the Slovak Republic establishes
from the ranks of deputies committees as its bodies having an
initiating and control role and it elects their chairmen by
secret ballot.
(2) The deliberations of the National Council of the Slovak
Republic and its committees are regulated by law.
Part Two
The Referendum
Article 93
(1) A referendum will be used to confirm a constitutional law
on entering into an alliance with other states or on
withdrawing from that alliance.
(2) A referendum can be used to decide also on other
important issues of public interest.
(3) Basic rights and liberties, taxes, levies, and the state
budget cannot be the subject of a referendum.
Article 94
Every citizen of the Slovak Republic who has the right to
vote in elections of the National Council of the Slovak
Republic is entitled to participate in the referendum.
Article 95
The referendum is called by the president of the Slovak
Republic if requested by a petition signed by a minimum of
350,000 citizens or on the basis of a resolution of the
National Council of the Slovak Republic, within 30 days after
the receipt of the citizens' petition or the resolution of
the National Council of the Slovak Republic.
Article 96
(1) The motion to pass a resolution of the National Council
of the Slovak Republic on calling a referendum can be tabled
by deputies of the National Council of the Slovak Republic or
by the Government of the Slovak Republic.
(2) The referendum will be held within 90 days after it is
called by the president of the Slovak Republic.
Article 97
(1) A referendum must not be held within 90 days prior to
elections to the National Council of the Slovak Republic.
(2) A referendum may be held on the day of elections to the
National Council of the Slovak Republic.
Article 98
(1) The results of the referendum are valid if more than 50
percent of eligible voters participated in it and if the
decision was endorsed by more than 50 percent of the
participants in the referendum.
(2) The proposals adopted in the referendum will be
promulgated by the National Council of the Slovak Republic in
the same way as it promulgates laws.
Article 99
(1) The National Council of the Slovak Republic can amend or
annual the result of a referendum by means of a
constitutional law, but it may not do so earlier than three
years after the result of the referendum came into effect.
(2) A referendum on the same issue can be repeated after
three years at the earliest.
Article 100
A law will establish the manner in which the referendum will
be carried out.
CHAPTER SIX
Executive Power
Part One
The President of the Slovak Republic
Article 101
(1) The president is the head of state of the Slovak
Republic.
(2) The president of the Slovak Republic is elected by the
National Council of the Slovak Republic by secret ballot for
a period of five years.
(3) A majority of three-fifths of all deputies' votes is
required for the president to be elected.
Article 102
The president
a) represents the Slovak Republic outwardly and concludes and
ratifies international treaties. He may delegate to the
Government of the Slovak Republic or, with the Government's
consent, to individual members of the Slovak Republic, the
conclusion of international treaties that do not require
approval by the National Council of the Slovak Republic,
b) receives and accredits ambassadors,
c) calls the constituent meeting of the National Council of
the Slovak Republic,
d) may dissolve the National Council of the Slovak Republic
if the policy statement of the Government of the Slovak
Republic is not approved three times within six months after
the elections. Prior to dissolving the National Council of
the Slovak Republic, the president is obliged to hear the
standpoint of the chairman of the National Council of the
Slovak Republic. New elections will be called by the
chairman of the National Council of the Slovak Republic
within 30 days,
e) signs laws,
f) appoints and recalls the prime minister and other members
of the Government of the Slovak Republic, entrusts them with
the management of ministries, and accepts their resignation.
Recalls the prime minister and other members of the
Government in the cases listed in Articles 115 and 116,
g) appoints and recalls the heads of central bodies and
higher- level state officials in cases specified by law,
appoints university professors and rectors, appoints and
promotes generals,
h) awards distinctions, unless he empowers another body to
perform this task,
i) grants amnesty and pardon, lowers punishments meted out by
criminal courts, issues orders not to initiate or not to
continue criminal proceedings, and nullifies punishments,
j) acts as supreme commander of the armed forces,
k) declares martial law at the recommendation of the
Government of the Slovak Republic and declares war on the
basis of a decision of the National Council of the Slovak
Republic, if the Slovak Republic is attacked or as a result
of commitments arising from international treaties on common
defense against aggression,
l) declares a state of emergency on the basis of a
constitutional law,
m) calls referendums,
n) can return to the National Council of the Slovak Republic
constitutional and other laws with comments. He can do so
within 15 days after their approval,
o) presents to the National Council of the Slovak Republic
reports on the state of the Slovak Republic and on important
political issues, submits to it draft laws and proposals for
other measures.
p) has the right to be present at meetings of the National
Council of the Slovak Republic,
r) [no q in accordance with Slovak usage] has the right to be
present at meetings of the Government of the Slovak Republic,
to chair them, and to demand reports from the Government or
its members.
Article 103
(1) Any citizen of the Slovak Republic who is eligible to
vote and has reached the age of 35 can be elected president.
(2) The same person can be elected president in two
consecutive electoral periods at the most.
(3) The election of the president will be held in the last 60
days of the acting president's period of office. Should the
office of the president become vacant prior to the end of the
electoral period, the election of a new president will be
held within 30 days.
(4) Should a deputy of the National Council of the Slovak
Republic, member of the Government of the Slovak Republic,
judge, prosecutor, member of the armed forces of another
armed corps, or member of the Supreme Control Office of the
Slovak Republic be elected president, he will cease executing
his previous function from the day of his election.
(5) The president must not perform any other paid function,
profession, or entrepreneurial activity and must not be a
member of the body of a juridical person engaged in
entrepreneurial activity.
Article 104
(1) The president is sworn in by the chairman of the National
Council of the Slovak Republic, before the National Council
of the Slovak Republic, by taking the following oath:
"I promise on my honor and conscience to be faithful to the
Slovak Republic. I will attend to the well-being of the
Slovak nation and the national minorities and ethnic groups
living in the Slovak Republic. I will discharge my duties in
the interest of citizens and will uphold and defend the
Constitution and other laws."
(2) Refusing to take this oath, or taking it with
reservations, results in the invalidity of the election of
the president.
Article 105
(1) If no president is elected, or if the office of the
president becomes vacant before a new president is elected or
before the newly elected president has been sworn in, or if
the president is unable to perform his function for serious
reasons, the execution of the post of the president falls
upon the Government of the Slovak Republic, with the
exception of presidential powers listed in Article 102,
letters d) through g). In that case the Government can
entrust the prime minister with executing some presidential
powers. The supreme command of the armed forces is also
transferred to the prime minister in this period.
(2) If the president is unable to perform his function for
more than one year, the National Council of the Slovak
Republic will recall him from office and will elect a new
president for a regular term of office.
Article 106
The National Council of the Slovak Republic can recall the
president from his post if the president is engaged in
activity directed against the sovereignty and territorial
integrity of the Slovak Republic or in activity aimed at
eliminating the Slovak Republic's democratic constitutional
system. In such cases, the motion to recall the president
may be tabled by more than one-half of all deputies. The
consent of at least a three-fifths majority of all deputies
is required for the president to be recalled.
Article 107
The president can be prosecuted only on charges of high
treason. The indictment against the president is filed by
the National Council of the Slovak
Republic. The Constitutional Court of the Slovak Republic
decides on the indictment.
Part Two
The Government of the Slovak Republic
Article 108
The Government of the Slovak Republic is the supreme body of
executive power.
Article 109
(1) The Government consists of the prime minister, deputy
prime ministers, and ministers.
(2) A Government member must not exercise the mandate of a
deputy or be a judge.
(3) A Government member must not perform any other paid
office, profession, or entrepreneurial activity and must not
be a member of the body of a juridical person engaged in
entrepreneurial activity.
Article 110
(1) The prime minister is appointed and recalled by the
president of the Slovak Republic.
(2) Any citizen of the Slovak Republic who can be elected to
the National Council of the Slovak Republic can be appointed
prime minister.
Article 111
At the recommendation of the prime minister, the president of
the Slovak Republic appoints and recalls other members of the
Government and entrusts them with the management of
ministries. The president can appoint as deputy prime
minister and minister any citizen who can be elected to the
National Council of the Slovak Republic.
Article 112
Members of the Government are sworn in by the president of
the Slovak Republic and take the following oath:
"I swear by my honor and conscience to be faithful to the
Slovak Republic. I will discharge my duties in the interest
of the citizens. I will uphold the Constitution and other
laws and work toward their translation into life."
Article 113
Within 30 days after its appointment, the Government is
obliged to appear before the National Council of the Slovak
Republic, to present to it its program, and to request the
expression of its confidence.
Article 114
(1) The Government is accountable for the execution of its
duties to the National Council of the Slovak Republic, which
can pass a vote of no-confidence in it at any time.
(2) The Government can at any time request the National
Council of the Slovak Republic to pass a vote of confidence
in it.
(3) The Government can link the vote on the adoption of a law
or on another issue with a vote of confidence in the
Government.
Article 115
(1) The president of the Slovak Republic will recall the
Government if the National Council of the Slovak Republic
passes a vote of no-confidence in it or if it turns down the
Government's request to pass a vote of confidence in it.
(2) If the president of the Slovak Republic accepts the
Government's resignation, he will entrust it with the
execution of its duties until a new Government is appointed.
Article 116
(1) A Government member is accountable for the execution of
his duties to the National Council of the Slovak Republic.
(2) A Government member may submit his resignation to the
president of the Slovak Republic.
(3) The National Council of the Slovak Republic may pass a
vote of no-confidence also in an individual Government
member. In this case, the president of the Slovak Republic
will recall the Government member in question.
(4) The proposal to recall a Government member may be
submitted to the president of the Slovak Republic also by the
prime minister.
(5) If the prime minister submits his resignation, the entire
Government will submit its resignation.
(6) If the National Council of the Slovak Republic passes a
vote of no-confidence in the prime minister, the president of
the Slovak Republic will recall him. The recalling of the
prime minister results in the stepping down of the
Government.
(7) If the president of the Slovak Republic accepts the
resignation of, or recalls, a member of the Government, he
will determine which Government member will temporarily be
charged with the management of the department previously
administered by the Government member whose resignation he
accepted.
Article 117
The Government will always submit its resignation after the
constituent meeting of a newly elected National Council of
the Slovak Republic; however, the Government executes its
duties until a new Government is formed.
Article 118
(1) The Government has a quorum if more than one-half of its
members are present.
(2) The majority of votes of all Government members is needed
to pass a Government resolution.
Article 119
The Government as a body decides on
a) draft laws,
b) Government decrees,
c) the Government's program and its implementation,
d) principal measures concerning the implementation of the
Slovak Republic's economic and social policy,
e) drafts of the state budget and the state closing account,
f) international treaties of the Slovak Republic,
g) principal questions of domestic and foreign policy,
h) submitting a draft law of the National Council of the
Slovak Republic or some other important measure to the public
for discussion,
i) requesting the passing of a vote of confidence,
j) awarding amnesty for misdemeanors,
k) appointing and recalling state officials in cases
specified by law,
l) other matters specified by law.
Article 120
(1) The Government may issue decrees in order to execute laws
within their limits.
(2) Government decrees are signed by the prime minister.
(3) A Government decree must be promulgated in a manner that
will be specified by law.
Article 121
The Government has the right to award amnesty for
misdemeanors. Details will be set out in a law.
Article 122
Central bodies of state administration and local bodies of
state administration are established by means of a law.
Article 123
Ministries and other bodies of state administration may, on
the basis of laws and within their limits, issue generally
binding legal regulations if empowered to do so by the law.
These generally binding legal regulations are promulgated in
a manner that will be specified by law.
CHAPTER SEVEN
Judicial Power
Part One
The Constitutional Court of the Slovak Republic
Article 124
The Constitutional Court of the Slovak Republic is an
independent judicial body charged with protecting
constitutionality.
Article 125
The Constitutional Court decides on the compatibility of
a) laws with the Constitution and with constitutional laws,
b) decrees issued by the Government and generally binding
legal regulations issued by ministries and other central
bodies of state administration with the Constitution and
constitutional and other laws,
c) generally binding decrees issued by territorial
self-administration bodies with the Constitution and laws,
d) generally binding legal regulations issued by local state
administration bodies with the Constitution, laws, and other
generally binding legal regulations,
e) generally binding legal regulations with international
treaties promulgated in a manner established for the
promulgation of laws.
Article 126
The Constitutional Court decides on jurisdiction disputes
among central bodies of state administration, unless the law
specifies that these disputes are decided by another state
body.
Article 127
The Constitutional Court decides on complaints filed against
legally valid decisions of central state administration
bodies, local state administration bodies, and territorial
self-administration bodies violating basic rights and
liberties of citizens, unless decisions on the protection of
these rights and liberties are within the jurisdiction of
another court.
Article 128
(1) The Constitutional Court provides an interpretation of
constitutional laws in disputed matters. The conditions will
be specified in a law.
(2) The Constitutional Court does not assume a stand on
matters concerning the compatibility of draft laws and the
drafts of other generally binding legal regulations with the
Constitution and constitutional laws.
Article 129
(1) The Constitutional Court decides on complaints filed
against the decision to verify or not to verify the mandate
of a deputy of the National Council of the Slovak Republic.
(2) The Constitutional Court decides on the constitutionality
and legitimacy of elections to the National Council of the
Slovak Republic and territorial self-administration bodies.
(3) The Constitutional Court decides on complaints filed
against referendum results.
(4) The Constitutional Court decides whether the decision to
disband or suspend the activity of a political party or a
political movement was in harmony with constitutional and
other laws.
(5) The Constitutional Court decides on high treason charges
filed by the National Council of the Slovak Republic against
the president of the Slovak Republic.
Article 130
(1) The Constitutional Court initiates proceedings on the
basis of a proposal by
a) at least one-fifth of deputies of the National Council of
the Slovak Republic,
b) the president of the Slovak Republic,
c) the Government of the Slovak Republic,
d) the court,
e) the general prosecutor,
f) in cases listed under Article 127, anyone whose rights are
to become the subject of inquiry.
(2) A law will specify who is entitled to submit a proposal
to initiate proceedings according to Article 129.
(3) The Constitutional Court can initiate proceedings also at
the suggestion of juridical or natural persons objecting to
the violation of their rights.
Article 131
Matters listed under Article 107, Article 125 letters a) and
b); Article 129 sections 2 and 4; Article 136 section 2; and
Article 138 sections 2 and 3 as well as matters concerning
the arrangement of the Constitutional Court's internal
affairs are decided by plenary meetings of the Constitutional
Court.
Article 132
(1) If the Constitutional Court establishes by its verdict
that legal regulations listed under Article 125 are mutually
incompatible, the relevant regulations, their parts, or, as
the case may be, some of their provisions cease to be
effective. Within six months after the announcement of the
Constitutional Court's ruling, the bodies that issued those
regulations must bring them into harmony with the
Constitution and constitutional laws. If the incompatibility
concerns regulations listed under Article 125 letter b), they
must also bring them into harmony with other laws and if the
incompatibility concerns regulations listed under Article 125
letter c), they must also bring them into harmony with other
laws, international treaties, Slovak Government decrees, and
generally binding legal regulations issued by ministries and
other central state administration bodies. If they fail to
do so, such regulations or, as the case may be, their parts
or provisions cease to be effective six months after the
announcement of the ruling.
(2) Constitutional Court rulings issued according to section
1 are promulgated in a manner established for the
promulgation of laws.
Article 133
There exists no legal recourse against a ruling of the
Constitutional Court.
Article 134
(1) The Constitutional Court consists of 10 judges.
(2) Constitutional Court judges are appointed by the
president of the Slovak Republic for a period of seven years
out of 20 persons proposed to him by the National Council of
the Slovak Republic.
(3) Any citizen of the Slovak Republic who may be elected to
the National Council of the Slovak Republic, has reached the
age of 40, is a law school graduate, and has been practicing
law for at least 15 years may be appointed judge of the
Constitutional Court.
(4) A judge of the Constitutional Court is sworn in by the
president of the Slovak Republic by taking the following
oath:
"I promise on my honor and conscience that I will protect the
inviolability of the natural rights of man and civic rights,
protect the principles of the law-governed state, abide by
the Constitution and constitutional laws, and decide
independently and impartially, according to my best
conscience."
(5) A judge of the Constitutional Court takes up office upon
taking his oath.
Article 135
The Constitutional Court is headed by its chairman, who is
substituted for by the deputy chairman. The chairman and
deputy chairman are appointed by the president of the Slovak
Republic from among judges of the Constitutional Court.
Article 136
(1) Members of the Constitutional Court enjoy immunity in the
same way as deputies of the National Council of the Slovak
Republic.
(2) The consent to the criminal prosecution of a judge of the
Constitutional Court, or to taking him into custody, is given
by the Constitutional Court.
(3) The Constitutional Court gives consent to the criminal
prosecution or to the taking into custody of the chairman and
deputy chairman of the Supreme Court of the Slovak Republic.
Article 137
(1) If an appointed judge of the Constitutional Court is a
member of a political party or a political movement, he must
surrender his membership prior to taking his oath,
(2) Judges of the Constitutional Court execute their post as
their profession. The execution of this post is incompatible
with
a) entrepreneurial or another economic or gainful activity,
with the exception of the administration of their own
property and scientific, teaching, literary, and artistic
activity,
b) a post or contract of employment in another state body.
(3) The judge's mandate as a deputy and his membership of the
Government of the Slovak Republic expire on the day when he
takes up office.
Article 138
(1) A judge of the Constitutional Court can surrender the
post of judge of the Constitutional Court.
(2) The president of the Slovak Republic can recall a judge
of the Constitutional Court on the basis of a legally valid
sentence passed for a deliberate criminal offense or on the
basis of a disciplinary decision by the Constitutional Court
passed because of a deed that is incompatible with the
execution of his duties in the Constitutional Court.
(3) The president of the Slovak Republic will recall a judge
of the Constitutional Court if the Constitutional Court
announces that the judge has not been participating in
Constitutional Court proceedings for over a year or if the
judge of the Constitutional Court was barred from practicing
law by a court verdict.
Article 139
If a judge of the Constitutional Court surrenders the post of
judge of the Constitutional Court or if he is recalled from
it, the president of the Slovak Republic will appoint, out of
two persons proposed by the National Council of the Slovak
Republic, another judge of the Constitutional Court for a new
term of office.
Article 140
Details on the organization of the Constitutional Court, on
the manner of Constitutional Court proceedings, and on the
status of its judges will be specified by law.
Part Two
Courts of the Slovak Republic
Article 141
(1) Justice in the Slovak Republic is administered by
independent and impartial courts.
(2) Justice at all levels is administered independently of
other state bodies.
Article 142
(1) Courts decide on civil law and criminal law matters and
reexamine the legitimacy of administrative bodies' decisions.
(2) Court decisions are made by tribunals of judges, unless
the law specifies that the matter is to be decided by a
single judge. A law will specify in which cases decisions by
tribunals of judges are attended by associate judges from the
ranks of citizens.
(3) Verdicts are proclaimed in the name of the Slovak
Republic. They are always proclaimed publicly.
Article 143
(1) The system of courts consists of the Supreme Court of the
Slovak Republic and other courts.
(2) The detailed arrangement of the court system, the courts'
sphere of competence and organization, and the manner of
court proceedings will be set out in a law.
Article 144
(1) Judges are independent in making decisions and bound
solely by the law.
(2) In cases specified by the Constitution or the law, judges
are bound also by international treaties.
(3) If the court is of the opinion that another generally
binding legal regulation is at variance with the law, it will
interrupt its deliberations and propose that a proceeding
before the Constitutional Court be initiated. The finding of
the Constitutional Court of the Slovak Republic is binding
for it, as well as for other courts.
Article 145
(1) Judges are elected by the National Council of the Slovak
Republic at the recommendation of the Government of the
Slovak Republic for four years. After the expiry of this
term, at the recommendation of the Government of the Slovak
Republic, the National Council of the Slovak Republic elects
judges for an unlimited period of time.
(2) The chairman and deputy chairmen of the Supreme Court are
elected by the National Council of the Slovak Republic from
the ranks of judges of the Supreme Court for a period of five
years, for a maximum of two consecutive terms.
Article 146
A judge may surrender his post.
Article 147
(1) The National Council of the Slovak Republic will recall a
judge
a) on the basis of a legally valid sentence passed for a
deliberate criminal offense,
b) on the basis of a disciplinary court decision made on
account of a deed that is incompatible with the execution of
his post.
(2) The National Council of the Slovak Republic may recall a
judge
a) if his state of health does not allow him over the long
term, for a period of at least one year, to properly
discharge his duties as judge,
b) if he has reached the age of 65.
(3) Prior to recalling a judge from his post, the National
Council of the Slovak Republic will ask the appropriate
disciplinary court for its standpoint.
Article 148
(1) The status, rights, and duties of judges will be defined
by law.
(2) The manner of appointing associate judges will be defined
by law.
CHAPTER EIGHT
The Prosecutor's Office of the Slovak Republic
Article 149
The Prosecutor's Office of the Slovak Republic protects
rights and the legally protected interests of natural and
juridical persons and the state.
Article 150
The Prosecutor's Office is headed by the prosecutor general.
The prosecutor general is appointed and recalled by the
president of the Slovak Republic at the recommendation of the
National Council of the Slovak Republic.
Article 151
Details on appointing and recalling prosecutors and on their
rights and duties, as well as on the organization of the
Prosecutor's Office, will be set out in a law.
CHAPTER NINE
Transitional and Final Provisions
Article 152
(1) Constitutional laws, laws, and other generally binding
legal regulations remain in force in the Slovak Republic
unless they conflict with this Constitution. They can be
amended and abolished by the relevant bodies of the Slovak
Republic.
(2) Laws and other generally binding legal regulations issued
in the CSFR become invalid on the 90th day after the
publication of the ruling on their invalidity by the
Constitutional Court of the Slovak Republic. This ruling
must be published in a manner established for the
promulgation of laws.
(3) Decisions on the invalidity of legal regulations are made
by the Constitutional Court of the Slovak Republic at the
proposal of persons listed in Article 130.
(4) The interpretation and application of constitutional
laws, laws, and other generally binding legal regulations
must be in harmony with this Constitution.
Article 153
Rights and duties arising from international treaties by
which the CSFR is bound are being transferred to the Slovak
Republic to an extent established by a CSFR constitutional
law or by an agreement between the Slovak Republic and the
Czech Republic.
Article 154
(1) The Slovak National Council elected according to Article
103 of Constitutional Law No. 143/1968 on the
Czecho [7mslovak [m Federation in the wording of subsequent
amendments will, in line with this Constitution, execute its
duties as the National Council of the Slovak Republic. The
electoral term of the National Council of the Slovak Republic
is counted from the day of elections to the Slovak National
Council.
(2) The Government of the Slovak Republic appointed according
to Article 122, section 1, letter a) of Constitutional Law
No. 143/1968 on the Czecho [7mslovak [m Federation in the
wording of subsequent amendments is regarded as a government
appointed according to this Constitution.
(3) The chairman of the Supreme Court of the Slovak Republic
and the prosecutor general of the Slovak Republic, who have
been appointed to their posts according to previous legal
regulations, retain their posts until an appointment
according to this Constitution is made.
(4) Judges of Slovak Republic courts appointed to their posts
according to previous legal regulations are regarded as
appointed to their posts according to this Constitution,
without any time limit.
Article 155
The following are being abolished
(1) Constitutional Law of the Slovak National Council No.
50/1990 on the name, state emblem, national flag, state seal,
and national anthem of the Slovak Republic.
(2) Constitutional Law of the Slovak National Council No.
79/1990 on the number of Slovak National Council deputies; on
the text of the oath of Slovak National Council deputies,
members of the Slovak Republic Government, and national
committee deputies; and on the Slovak National Council
electoral period.
(3) Constitutional Law of the Slovak National Council No.
7/1992 on the Constitutional Court of the Slovak Republic.
Article 156
This Constitution of the Slovak Republic comes into force on
the day of its promulgation, with the exception of Article 3,
section 2; Article 23, section 4, as regards the deportation
or extradition of a citizen to another state; Article 54;
Article 84, section 3, as regards declaration of war on
another state; Article 86, letters k) and l); Article 102,
letter g), as regards the appointment of university
professors and rectors and the appointment and promotion of
generals, and letters j) and k); Article 152, section 1,
second sentence, as regards constitutional laws, laws, and
other generally binding legal regulations issued by CSFR
bodies, which will go into force simultaneously with the
appropriate changes in the constitutional arrangement of the
CSFR, in line with this Constitution. Chairman of the Slovak
National Council Prime Minister of the Slovak Republic
---
The Constitution of the Slovak Republic as a whole went into
force on the day of its promulgation, that is, on Thursday, 3
September 1992, with the exception of the following
provisions:
Article 3, section 2: (the borders of the Slovak Republic can
be changed only by a constitutional law),
Article 23, section 4: (as regards the deportation or
extradition of a citizen to another state),
Article 54: (the law may restrict the right of judges and
prosecutors to engage in entrepreneurial and other activity
and the right listed under Article 29 section 2, concerning
the right to establish political parties and to associate in
them; the right of employees of state administration bodies
and territorial self-administration bodies in designated
functions listed under Article 37 section 4, which refers to
the right to strike; and the rights of members of armed
forces and armed corps listed under Article 27, concerning
the right of petition, and Article 28, concerning the right
of assembly, if these are related to the execution of their
duties. The law may restrict the right to strike for persons
in professions that are vital for the protection of life and
health),
Article 84, section 3: (as regards the declaration of war on
another state),
Article 86:
Letter k): (deciding on the declaration of war if the Slovak
Republic is attacked or as a result of commitments arising
from international treaties on common defense against
aggression), Letter l): (expressing consent with sending
armed forces outside the territory of the Slovak Republic),
Article 102:
Letter g): (as regards the appointment of university
professors and rectors and the appointment and promotion of
generals),
Letter j): (the president is the chief commander of armed
forces),
Letter k): (declares martial law at the recommendation of the
Government of the Slovak Republic and declares war on the
basis of a decision of the National Council of the Slovak
Republic, if the Slovak Republic is attacked or as a result
of commitments arising from international treaties about
common defense against aggression),
Article 152, section 1, second sentence: (as regards
constitutional laws, laws, and other generally binding legal
regulations issued by CSFR bodies, which will go into force
simultaneously with the appropriate changes in the
constitutional arrangement of the CSFR, in line with this
Constitution).
glauber ribeiro
glauber@david.wheaton.edu
Published: 2002-11-14
Updated: 2002-11-14
Categories: Politics and Society
