Constitution (1992, as amended 2006)

Constitution of the Slovak Republic

adopted in 1992, with latest amendments of 2006

CHAPTER FOUR

Territorial Self-Administration

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Article 67

(1) The territorial self-administration is performed at meetings of municipality residents, by a local referendum, by a referendum on the territory of a superior territorial unit, by the municipality bodies or the bodies of a superior territorial unit. The manner of execution of the local referendum and the referendum on the territory of a superior territorial unit shall be laid down by law.

(2) Duties and restrictions relating to execution of the territorial self-administration may be imposed upon a municipality and superior territorial unit by law and on the basis of an international treaty pursuant to Article 7, paragraph 5.

(3) The state may intervene in activities of a municipality and a superior territorial unit only in a manner laid down by law.

Article 68

A municipality and a superior territorial unit may issue generally binding ordinances in the matters of local self-administration and in order to provide for the tasks ensuing for the self-administration from the law.

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Article 71

(1) The execution of designated tasks of local state administration can be transferred by law to the municipality and superior territorial unit. The cost of the execution of state administration transferred in this manner will be covered by the state.

(2) In executing state administration, the municipality and superior territorial unit may, on the basis of the law and within its limits, issue ordinances 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 municipality, or superior territorial unit by law is governed and controlled by the Government. Details shall be laid down by 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 constitutional and legislative body of the Slovak Republic.

Article 73

(1) The National Council of the Slovak Republic has 150 Members of Parliament elected for a four-year period.

(2) Members of Parliament are representatives of citizens. They execute their mandate personally according to their conscience and conviction and are not bound by orders.

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Article 83

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(3) Meetings of the National Council of the Slovak Republic are public.

(4) Non-public meetings can be held only in cases laid down by law or on the basis of a decision by three-fifths of all Members of Parliament of the National Council of the Slovak Republic.

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Article 86

The power 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) approving by means of a constitutional law a treaty on the Slovak Republic's entering into a union with other states and on its abrogation of such a treaty,

c) deciding on proposals to call a referendum,

d) expressing consent, prior to ratification, with the international treaties on human rights and fundamental freedoms, international political treaties, international treaties of military nature, international treaties establishing membership of the Slovak Republic in international organizations, international economic treaties of a general nature, international treaties whose execution requires the enactment of a law, as well as with international treaties that directly establish rights or obligations of natural persons or legal persons, and at the same time making determination if these are international treaties stipulated in Article 7, paragraph 5,

e) establishing ministries and other state administration bodies by means of law,

f) 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,

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Article 87

(1) A draft law may be introduced by committees of the National Council of the Slovak Republic, Members of Parliament and the Government of the Slovak Republic.

(2) If the President of the Slovak Republic returns a 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.

(3) A law is signed by the President of the Slovak Republic, the Speaker of the National Council of the Slovak Republic and the prime minister of the Slovak Republic. If the National Council of the Slovak Republic, after having discussed the law again, approves the law even despite the comments of the President of the Slovak Republic and the President of the Slovak Republic does not sign the law, the law is promulgated even without the signature of the President of the Slovak Republic.

(4) A law becomes valid with its promulgation. Details of promulgation of laws, international treaties and legally binding acts of an international organization pursuant to Article 7, paragraph 2 shall be laid down by law.

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Article 92

(1) The National Council of the Slovak Republic establishes from the ranks of Members of Parliament committees as its bodies having an initiating and control role; it elects their chairmen by secret ballot.

(2) The deliberations of the National Council of the Slovak Republic and its committees shall be laid down by law.

Part Two

The Referendum

Article 93

(1) A referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union.

(2) A referendum can be used to decide also on other important issues of public interest.

(3) Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum.

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Article 98

(1) The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half 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 may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect.

(2) A referendum on the same issue may be repeated no sooner than three years from the day it was held.

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CHAPTER SIX

Executive Power

Part One

The President of the Slovak Republic

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Article 102

(1) The President

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f) signs laws,

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n) calls referendums,

o) can return to the National Council of the Slovak Republic any laws with comments within 15 days after their approval,

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Part Two

The Government of the Slovak Republic

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Article 119

The Government as a body decides on

a) draft laws,

b) government ordinances,

c) the Government's program and its fulfillment,

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h) filing with the Constitutional Court of the Slovak Republic of a motion to decide on the compliance of a negotiated international treaty for which an approval of the National Council of the Slovak Republic is required with the Constitution and constitutional law.

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j) submitting a draft law or some other important measure to the public for discussion,

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CHAPTER SEVEN

Judicial Power

Part One

The Constitutional Court of the Slovak Republic

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Article 125

(1) The Constitutional Court decides on the compatibility of

a) laws with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law,

b) Government ordinances, generally binding legal regulations issued by ministries and other central bodies of the state administration with the Constitution, constitutional laws, international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law; and with laws,

c) generally binding ordinances pursuant to Article 68 with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated as required by law, unless other court is making decision on them,

d) generally binding legal regulations issued by local state administration bodies and generally binding ordinances issued by local self administration bodies issued pursuant to Article 71, paragraph 2 with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law, unless other court is making decision on them,

(2) If the Constitutional Court accepts a petition for a proceeding pursuant to paragraph 1, it may suspend the effectiveness of the challenged legal regulations, their parts or some of their provisions, if their further application could jeopardize the basic rights and freedoms, if there is a threat of a substantial economic damage or other serious irreparable consequence.

(3) If the Constitutional Court states by its decision that there is inconsistency between the legal regulations referred to in paragraph 1, the effect of the respective regulations, their parts or their provisions shall terminate. The bodies that issued these legal regulations are obliged to ensure within six months from promulgation of the decision of the Constitutional Court their compliance with the Constitution, constitutional laws and international treaties promulgated in a manner laid down by law and with respect to the regulations referred to in paragraph 1, letters b) and c) also with other laws, with respect to the regulations referred to in paragraph 1, letter d) with Government ordinances and with generally binding legal regulations issued by ministries and other central bodies of the state administration. If they fail to do so, the validity of such regulations, their parts or provisions shall terminate six months from promulgation of the decision.

(4) The Constitutional Court does not decide on compliance of a draft law, or a draft of other generally binding legal regulation, with the Constitution, an international treaty promulgated in a manner laid down by law, or with a constitutional law.

(5) The validity of a decision suspending the effect of the challenged legal regulations, their parts or some of their provisions terminates by the promulgation of a decision of the Constitutional Court on the merits, unless the Constitutional Court has canceled the decision suspending the effect of the challenged legal regulation before, because the reasons for which it was adopted vanished.

(6) A decision of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5 shall be promulgated in a way established for promulgation of laws. A final decision of the Constitutional Court is generally binding

Article 125a

(1) The Constitutional Court decides on compliance of the concluded international treaties for which consent of the National Council of the Slovak Republic is required with the Constitution or a constitutional law.

(2) The petition for a decision pursuant to paragraph 1 may be filed with the Constitutional Court by the President of the Slovak Republic or the Government before submitting of the concluded international treaty for a deliberation to the National Council of the Slovak Republic.

(3) The Constitutional Court decides on the petition pursuant to paragraph 2 within the period laid down by law; if the Constitutional Court by its decision expresses that the international treaty is not in compliance with the Constitution or a constitutional law, such international treaty may not be ratified.

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