<H1>Slovakia Daily Surveyor - SLOVENSKO.COM</H1><H1>SLOVENSKO.COM - 2000</H1>
Please visit our sponsors.
Click Here to Visit our Sponsor
Constitution of the Slovak Republic
Preamble
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9



SLOVENSKO.COM

  About Slovakia

  News

  Economy

  Business

  Gallery

  Documents

  Links

  Contact

  Email


Like this site?

LINK TO US


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

  1. laws with the Constitution and with constitutional laws,
  2. 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,
  3. generally binding decrees issued by territorial self-administration bodies with the Constitution and laws,
  4. generally binding legal regulations issued by local state administration bodies with the Constitution, laws, and other generally binding legal regulations,
  5. 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

  1. at least one-fifth of deputies of the National Council of the Slovak Republic,
  2. the president of the Slovak Republic,
  3. the Government of the Slovak Republic,
  4. the court,
  5. the general prosecutor,
  6. 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

  1. entrepreneurial or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity,
  2. 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

  1. on the basis of a legally valid sentence passed for a deliberate criminal offense,
  2. 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

  1. 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,
  2. 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.



  © 1998 SLOVENSKO.COM