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25. 10. 2012 Olomouc 2012 Constitutional System of the Slovak Republic Ján Škrobák, Juraj Vačok Comenius University in Bratislava Faculty of Law
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Constitutional System of the Slovak Republic

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Constitutional System of the Slovak Republic. Ján Škrobák, Juraj Vačok Comenius University in Bratislava Faculty of Law. Constitution of the Slovak Republic. Constitutional Law no. 460/1992 Zb. Constitution of the Slovak Republic, passed on 1. 9. 1992 by the Slovak National Council - PowerPoint PPT Presentation
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Page 1: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

Constitutional System of the Slovak Republic

Ján Škrobák, Juraj VačokComenius University in Bratislava

Faculty of Law

Page 2: Constitutional System of the Slovak Republic

Constitution of the Slovak Republic

• Constitutional Law no. 460/1992 Zb. Constitution of the Slovak Republic, passed on 1. 9. 1992 by the Slovak National Council

• 13 amendements

25. 10. 2012 Olomouc 2012

Page 3: Constitutional System of the Slovak Republic

Structure

• Chapter 1 – Basic Provisions (art. 1. - art. 10.)

• Second 2 – Fundamental Rights and Freedoms (art. 12. - art. 54.)

• Chapter 3 – The Economy of the Slovak Republic (art. 55. - art. 63.)

• Chapter 4 – Territorial Self-Government (art. 64. - art. 71.)

• Chapter 5 – Legislative Power (art. 72. - art. 100.)

• Chapter 6 – Executive Power (art. 101. - art. 123.)

• Chapter 7 – Judicial Power (art. 124. - art. 148.)

• Chapter 8 – Prosecution of the Slovak Republic and Public Defender of Rights (art. 149. - art. 151a.)

25. 10. 2012 Olomouc 2012

Page 4: Constitutional System of the Slovak Republic

Character of the State

• sovereign, democratic state; governed by the rule of law

• state power is derived from citizens, who shall exercise it through their elected representatives or directly

• unitary, partly decentralized state

25. 10. 2012 Olomouc 2012

Page 5: Constitutional System of the Slovak Republic

Organization of the public power in the Slovak Republic

• State

• Territorial Self Governance

– Municipalities

– Higher territorial units

• Interested Self-governance

• another subjects

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Page 6: Constitutional System of the Slovak Republic

Division of state power

• Legislative power

• Executive power

• Judicial power

• Prosecution, Public Defender of Rights

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Page 7: Constitutional System of the Slovak Republic

Legislative power

• The National Council of the Slovak Republic is the sole constitutional and legislative body of the Slovak Republic

• one chamber

• The opening session of the National Council shall be convened by the President of the Slovak Republic not later than thirty days following the announcement of the election results.

• A session of the National Council of the Slovak Republic shall end as a result of termination of the electoral period or its dissolution.

25. 10. 2012 Olomouc 2012

Page 8: Constitutional System of the Slovak Republic

Election to the National Council of the Slovak Republic

• 150 members

– citizen of the SR, age 21, permanent residence, not in prison, full legal capacity

• electoral term 4 years

• system of proportional representation

• proposals shall be done only by political party

• confliction - judge, prosecutor, Public Defender of Rights,, member of the armed forces, member of the armed corps and member of the European Parliament

25. 10. 2012 Olomouc 2012

Page 9: Constitutional System of the Slovak Republic

Selected competence of National Council of the Slovak Republic

• adoption of the Constitution, constitutional laws and other laws

• approval of the treaties on a union of the Slovak Republic with other states and of some other treaties

• establishing of Ministries and other governmental bodies,

• debate on the Programe Proclamation of the Government of the Slovak Republic

• election and recall of three members of the Judicial Council of the Slovak Republic

25. 10. 2012 Olomouc 2012

Page 10: Constitutional System of the Slovak Republic

Decision-making of National Council of the Slovak Republic

• imperative mandate is banned

• quorum: more than half of all members

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Proposal

3. Reading1. Reading 2. Reading

President

Page 11: Constitutional System of the Slovak Republic

Executive power

• President

• Government

• State Administration

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Page 12: Constitutional System of the Slovak Republic

President of the Slovak Republic

• head of the state, representation of the Slovak Republic externally and internally

• elected by direct popular vote for 5 year term

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Page 13: Constitutional System of the Slovak Republic

Selected Competence of the President of the Slovak Republic

The president

•signs laws

•appoints and removes the Prime Minister and other members of Government of the Slovak Republic

•appoints and recalls judges of the Constitutional Court, the President and Vice-President of the Constitutional Court

•appoints and recalls judges, the Chief Justice and the Deputy Chief Justice of the Slovak Republic, General Prosecutor and three members of the Judicial Council of the Slovak Republic; shall accepts the oath of judges

25. 10. 2012 Olomouc 2012

Page 14: Constitutional System of the Slovak Republic

Presidential election in the Slovak Republic

25. 10. 2012 Olomouc 2012

Announcement of the Electionl

1. Round

2. Round

Page 15: Constitutional System of the Slovak Republic

Government of the Slovak Republic

• supreme executive body

• Prime Minister, Deputy Prime Ministers, Ministers

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Page 16: Constitutional System of the Slovak Republic

Organization of State Administration in the Slovak Republic

25. 10. 2012 Olomouc 2012

Central State Administration Bodies

Inspections BodiesDeconcentrated State Administrative Bodies

indepedent regulated and control bodies

Local State Administration Bodies

Armed corps and forces

Page 17: Constitutional System of the Slovak Republic

Administrative division

25. 10. 2012 Olomouc 2012

Page 18: Constitutional System of the Slovak Republic

Territorial Self-governance

• Higher Territorial Units 8

– chairman, regional assembly

• municipalities 2891 (138 cities)

– mayor, assembly of municipality

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Page 19: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

Judicial Power of the Slovak Republic

Supreme court of Slovak republic

8 regional courts Special criminal court

54 district courts

Page 20: Constitutional System of the Slovak Republic

Constitutional Court of the Slovak Republic

• 13 judges

• appointed by the President of the Slovak Republic on a proposal of the National Council of the Slovak Republic for 12 years

• citizen of the Slovak Republic, not younger than 40 years, law school graduate with 15 years of experience in a legal profession

25. 10. 2012 Olomouc 2012

Page 21: Constitutional System of the Slovak Republic

Selected competence of the Constitutional Court of the Slovak Republic

• abstract control of constitutionality

• control of constitutionality based on individual complaints

• deciding disputes over competence

• interpretation of the Constitution, if the matter is disputable

• deciding on a prosecution by the National Council against the President

• other matters

25. 10. 2012 Olomouc 2012

Page 22: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

Conditions for the appointment for judge

• citizen of the Slovak Republic• age at least 30• finish the second degree in the law faculty • competency to perform legal acts• healthy ability• immaculate with moral attributes• permanent address in Slovak republic• pass the special justice examination• pass through selection procedure• acceptation with appointment to the function and with the

place where he/she should be judge

Page 23: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

Constitutional basis

• art. 46 § 1:Everyone may claim his or her right by procedures laid down by

a law at an independent and impartial court or, in cases provided by a law, at other public authority of the Slovak Republic.

• art. 46 § 2:

Any person who claims his or her rights to have been denied by a decision of a body of public administration may come to court to have the legality of the decision reviewed, save otherwise provided by a law. The review of decisions in matters regarding the fundamental rights and freedoms however shall not be excluded from the jurisdiction of courts.

Page 24: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

European Convention of Fundamental Rights and Freedoms (209/1992 Z. z.)

• art. 6 § 1

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

Page 25: Constitutional System of the Slovak Republic

Judicial Council of the Slovak Republic

• 8 judges elected by judges

• 3 members elected by National Council of the Slovak Republic

• 3 members appointed by the President of the Slovak Republic

• 3 members appointed by the Government of the Slovak Republic

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Page 26: Constitutional System of the Slovak Republic

Selected Competence of Judicial Council of the Slovak Republic

• to present to the President of the Slovak Republic proposals for candidates for appointment as judges, and proposals for recall of judges

• to decide on the assignment or transfer of judges

• to present to the President of the Slovak Republic proposals for appointment of the Chief Justice of the Slovak Republic and the Deputy Chief Justice of the Slovak Republic, and proposals for their recall,

• to present to the Government of the Slovak Republic proposals of candidates for judges who should act for the Slovak Republic in international judicial bodies

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Page 27: Constitutional System of the Slovak Republic

Another authorities of control

• Prosecution

• Public Defender of the Rights

• Supreme Control Authority

25. 10. 2012 Olomouc 2012

Page 28: Constitutional System of the Slovak Republic

25. 10. 2012 Olomouc 2012

Thank You for Your attention