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Constitutional System of the Slovak Republic

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

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Constitutional System of the Slovak Republic

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

  2. 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 Olomouc 2012

  3. 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.) Olomouc 2012

  4. 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 Olomouc 2012

  5. Organization of the public power in the Slovak Republic • State • Territorial Self Governance • Municipalities • Higher territorial units • Interested Self-governance • another subjects Olomouc 2012

  6. Division of state power • Legislative power • Executive power • Judicial power • Prosecution, Public Defender of Rights Olomouc 2012

  7. 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. Olomouc 2012

  8. 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 Olomouc 2012

  9. 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 Olomouc 2012

  10. Decision-making of National Council of the Slovak Republic • imperative mandate is banned • quorum: more than half of all members Proposal 3. Reading 1. Reading 2. Reading President Olomouc 2012

  11. Executive power • President • Government • State Administration Olomouc 2012

  12. 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 Olomouc 2012

  13. 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 Olomouc 2012

  14. Presidential election in the Slovak Republic AnnouncementoftheElectionl 1. Round 2. Round Olomouc 2012

  15. Government of the Slovak Republic • supreme executive body • Prime Minister, Deputy Prime Ministers, Ministers Olomouc 2012

  16. Organization of State Administration in the Slovak Republic Central State AdministrationBodies InspectionsBodies Armedcorps and forces indepedentregulated and controlbodies Deconcentrated State AdministrativeBodies Local State AdministrationBodies Olomouc 2012

  17. Administrative division Olomouc 2012

  18. Territorial Self-governance • Higher Territorial Units 8 • chairman, regional assembly • municipalities 2891 (138 cities) • mayor, assembly of municipality Olomouc 2012

  19. Judicial Power of the Slovak Republic Olomouc 2012

  20. 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 Olomouc 2012

  21. 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 Olomouc 2012

  22. 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 Olomouc 2012

  23. 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. Olomouc 2012

  24. 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. Olomouc 2012

  25. 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 Olomouc 2012

  26. 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 Olomouc 2012

  27. Another authorities of control • Prosecution • Public Defender of the Rights • Supreme Control Authority Olomouc 2012

  28. Thank You for Your attention Olomouc 2012

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