Constitution of the Slovak Republic (1992, amended 2015) (excerpts)

THE CONSTITUTION OF THE SLOVAK REPUBLIC

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Chapter Two - THE JUDICIARY OF THE SLOVAK REPUBLIC

 

Article 141

(1) The judiciary shall be administered by independent and impartial courts of the Slovak Republic.

(2) The judiciary shall be independent of other branches of government at all levels.

 

Article 141a

The Judicial Council of the Slovak Republic

(1) The Chair of the Judicial Council is elected from the members of the Judicial and is recalled by the Judicial Council.

Its members are:

a) nine judges, who are elected and recalled by the judges of the Slovak Republic,

b) three members who are elected and recalled by the National Council of the Slovak Republic,

c) three members who are appointed and recalled by the President of the Slovak Republic,

d) three members who are appointed and recalled by the Government of the Slovak Republic

(2) In order to become the Chair or a member of the Judicial Council of the Slovak Republic according to sections 1 b) to 1 d) above, a candidate shall be of impeccable character with a university qualification in law and at least 15 years of professional practice.

(3) Performance of the office of the Chair of the Judicial Council of the Slovak Republic is incompatible with holding a position in any other body of public authority; with state service employment; with gainful employment based on contract or otherwise; with entrepreneurial activity; with membership in the executive or supervisory boards of a legal entity engaged in entrepreneurial activity; or with any other economic or gainful activity other than administration of personal property and research, pedagogical, literary or artistic activity.

(4) The term of office of members of the Judicial Council of the Slovak Republic shall be five years. The same person may be elected or appointed as the Chair or as a member of the Judicial Council for a maximum of two consecutive terms.

(5) The competences of the Judicial Council include:

a) ensuring fulfilment of the responsibilities of public supervision of the judicial system,

b) adopting a standpoint on whether a candidate for appointment as a judge fulfils the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge,

c) submitting proposals to the President of the Slovak Republic concerning candidates for appointment as judges, and proposals for recall of judges,

d) deciding on the assignment or transfer of judges,

e) submitting proposals to the President of the Slovak Republic for appointment of the President and the Vice President of the Supreme Court of the Slovak Republic, and proposals for their recall,

f) submitting proposals to the Government of the Slovak Republic concerning candidates for judges who should act for the Slovak Republic in international judicial bodies,

g) electing and recalling members and chairs of disciplinary senates,

h) commenting on the draft budget of the courts of the Slovak Republic during preparation of the draft of the state budget, and submitting a standpoint to the National Council of the Slovak Republic regarding the draft budget of the courts,

i) monitoring whether a judge fulfils the criteria for judicial capacity which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office,

j) publishing the principles of judicial ethics in cooperation with the bodies of selfadministration of the judiciary,

k) other competences if laid down by law.

(6) The adoption of a resolution of the Judicial Council of the Slovak Republic requires the consent of an absolute majority of all its members.

(7) The activity of the Judicial Council of the Slovak Republic is organized and managed by the Chair.

(8) The Chair of the Judicial Council of the Slovak Republic may submit a motion for commencement of proceedings before the Constitutional Court of the Slovak Republic concerning compliance of legal regulations regarding the performance of the judiciary according to Art. 125.1.

(9) The Judicial Council of the Slovak Republic adopts standpoints according to sec. 5 b) on the basis of documents from the state authority vested with the task of protecting classified materials, and of statements from candidates for appointment to the position of judge; details shall be laid down by law.

(10) Loss of criteria for judicial capacity, which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be decided on by a disciplinary senate; the provisions of Art. 154d.1 to 154d.3 remains unaffected.

(11) Details of the election and recall of the Chair of the Judicial Council of the Slovak Republic, the manner of establishing members of the Judicial Council of the Slovak Republic, its scope of powers, deputising for the Chair of the Judicial Council of the Slovak Republic, its organisation and its relations with bodies of administration and selfadministration of the judiciary, as well as of the method of scrutinising whether a judge fulfils the criteria for judicial capacity which guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be laid down by law.

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