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CONSTITUTION

OF THE SLOVAK REPUBLIC

entered into force on the 1st of October 1992

last amended in 1999

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TITLE FOUR

TERRITORIAL SELF-ADMINISTRATION

Article 64

The basic unit of territorial self-administration shall be the municipality. Territorial self-administration shall be composed of a municipality and a higher territorial unit.

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Article 67

(1) Municipality inhabitants' assemblies shall realize a territorial self-administration by local referendum, by referendum on the territory of the higher territorial unit, by municipality authorities or by higher territorial unit authorities. The manner of carrying out the local referendum or referendum on the territory of a higher territorial unit shall be laid down by a law.

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TITLE FIVE

LEGISLATIVE POWER

Section One

THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC

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Article 86

The powers of the National Council of the Slovak Republic shall be particularly to:

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Section Two

REFERENDUM

Article 93

(1) A constitutional law on joining a union with other states or the secession from it, shall be confirmed by a referendum.

(2) A referendum may also be used to decide on other crucial issues of the public interest.

(3) No issues of fundamental rights, freedoms, taxes, duties or state budget may be decided by a referendum.

Article 94

Every citizen of the Slovak Republic, qualified to elect the Members of Parliament of the National Council of the Slovak Republic, shall have the right to vote in a referendum.

Article 95

(1) A referendum shall be declared by the President of the Slovak Republic upon a petition submitted by at least 350,000 citizens, or upon a resolution of the National Council of the Slovak Republic within thirty days after acceptance of the petition of citizens or the resolution of the National Council of the Slovak Republic had been received.

(2) The President of the Slovak Republic may, before declaring a referendum, submit to the Constitutional Court of the Slovak Republic a proposal for a decision on whether the subject of a referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to paragraph 1 is in conformity with the Constitution or a constitutional law. If the President of the Slovak Republic submits to the Constitutional Court of the Slovak Republic a proposal for a decision on whether a subject of referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic is in conformity with the Constitution or a constitutional law, from the submission date of the proposal of the President of the Slovak Republic to the date of effectuality of the decision by the Constitutional Court of the Slovak Republic, the term according to paragraph 1 shall not lapse.

Article 96

(1) Members of Parliament may submit the proposals for the adoption of a resolution by the National Council of the Slovak Republic on the declaration of a referendum.

(2) A referendum shall be held not later than ninety days after the President of the Slovak Republic has declared it.

Article 97

(1) A referendum shall not be held less than ninety days before the date of the election to the National Council of the Slovak Republic.

(2) A referendum may be held on the date of the election to the National Council of the Slovak Republic.

Article 98

(1) The results of a referendum shall be valid provided an absolute majority of eligible voters have participated and the issue has been decided by an absolute majority of votes.

(2) The National Council of the Slovak Republic shall promulgate the proposals adopted by a referendum as a law.

Article 99

(1) The result of a referendum may be amended or repealed by a constitutional law adopted by the National Council of the Slovak Republic once a period of three years since effectuality of the results has elapsed.

(2) The referendum on the same issue may be repeated not earlier than three years after the previous referendum held.

Article 100

The procedures for holding a referendum shall be laid down by a law.

TITLE SIX

EXECUTIVE POWER

Section One

THE PRESIDENT OF THE SLOVAK REPUBLIC

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Article 102

(1) The President

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n) shall declare referendum,

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TITLE SEVEN

JUDICIAL POWER

Section One

THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC

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Article 125b

(1) The Constitutional Court shall decide on whether the subject of a referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is in conformity with the Constitution or constitutional law.

(2) The proposal for a decision according to paragraph 1 may be submitted to the Constitutional Court by the President of the Slovak Republic prior to declaring a referendum, if he or she has doubts on whether the subject of referendum, which is to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95 para. 1 is in conformity with the Constitution or a constitutional law.

(3) The Constitutional Court shall decide on a proposal pursuant to paragraph 2 within 60 days from the date of its delivery; if the Constitutional Court holds in its decision that the subject of referendum to be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to Art. 95, para. 1 is not in conformity with the Constitution or constitutional law, the referendum cannot be declared.

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Article 129

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(3) The Constitutional Court shall decide on complaints against the result of a referendum and complaint against the result of a plebiscite on the recall of President of the Slovak Republic.

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(7) The decisions of the Constitutional Court according to the preceding paragraphs shall be binding for all bodies of public authority, natural persons or legal persons whom they concern. The respective body of public authority shall be obliged, without undue delay, to ensure their enforcement. Details shall be laid down by a law.

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