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CONSTITUTION

OF THE SLOVAK REPUBLIC

entered into force on the 1st of October 1992

last amended in 1999

TITLE ONE

Section One

GENERAL PROVISIONS

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Article 2

(1) The state power derives from the citizens, who shall exercise it through their elected representatives or directly.

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Section Three

POLITICAL RIGHTS

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Article 30

(1) Citizens shall have the right to participate in the administration of public affairs directly or through freely elected representatives. Aliens with permanent residence on the territory of the Slovak Republic shall have the right to vote and to be elected to self-administration bodies of municipalities and to self-administration bodies of higher territorial units.

(2) Elections shall be held within periods of time not exceeding the regular electoral term provided by a law.

(3) The right to vote shall be exercised through universal, equal and direct suffrage by secret ballot. The terms of exercise thereof shall be laid down by a law.

(4) Citizens shall have access to the elected and public offices under equal conditions.

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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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Article 69

(1) Municipal authorities are

(2) Municipal representation shall consist of representatives of municipal representation. The municipality inhabitants permanently residing therein elect the representatives for a four-year term. Elections of the representatives are performed on the basis of universal, equal and direct suffrage by secret ballot.

(3) The mayor of a municipality shall be elected by the municipality inhabitants permanently residing therein on the basis of a universal, equal and direct suffrage by secret ballot for a four-year term. The municipality mayor shall be the executive authority of the municipality; the mayor shall perform municipality administration, and shall represent the municipality externally. Reasons for and manner of recalling a mayor before expiration of his electoral term shall be laid down by a law.

(4) The authorities of a higher territorial unit are

(5) The representation of a higher territorial unit shall consist of the representatives of the representation of the higher territorial unit . The inhabitants of the territorial district of the higher territorial unit permanently residing therein shall elect the representatives for a four-year term. Elections of the representatives are performed on the basis of universal, equal and direct suffrage by secret ballot.

(6) The head of a higher territorial unit shall be elected by the inhabitants of the territorial district of the higher territorial unit permanently residing therein, on the basis of universal, equal and direct suffrage by secret ballot for a four-year term. Reasons for and method of recalling the head of the higher territorial unit before expiration of the electoral term shall be laid down by a law. The head of a higher territorial unit shall be the executive authority of the higher territorial unit, shall perform administration of the higher territorial unit and represent the higher territorial unit externally.

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TITLE FIVE

LEGISLATIVE POWER

Section One

THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC

Article 72

The National Council of the Slovak Republic shall be the sole constitutional and legislative body of the Slovak Republic.

Article 73

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

(2) The Members of Parliament are representatives of the citizens. They shall exercise their mandates individually and according to their best conscience and conviction. No orders bind them.

Article 74

(1) The Members of Parliament are elected by universal, equal and direct suffrage by secret ballot.

(2) Any citizen who has the right to vote, has attained 21 years of age and has permanent residency in the Slovak Republic is eligible to be elected to the National Council of the Slovak Republic.

(3) A law shall specify details relating to the election of the Members of Parliament.

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Article 86

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

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Article 89

(1) The President of the National Council of the Slovak Republic shall be elected or recalled by secret ballot with the consent of an absolute majority of all Members of Parliament. The President shall be responsible exclusively to the National Council of the Slovak Republic.

(2) The President of the National Council of the Slovak Republic shall

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

Article 101

(1) The Head of the Slovak Republic shall be the President. The President shall represent the Slovak Republic externally and internally, shall ensure the regular operation of Constitutional bodies by his or her decisions. The President shall perform the office according to his or her conscience and convictions, and shall not be bound by orders.

(2) Citizens of the Slovak Republic shall elect the President by secret ballot for a five-year term in direct elections. Citizens who have the right to vote for the National Council of the Slovak Republic shall have the right to vote for a President.

(3) Candidates for President shall be proposed by at least 15 Members of Parliament or by citizens who have the right to vote for the National Council of the Slovak Republic on the basis of a petition signed by at least 15,000 citizens. Proposals for elections shall be delivered to the President of the National Council of the Slovak Republic at the latest within 21 days of the announcement of elections.

(4) A candidate shall be elected a President, if he or she receives an absolute majority of valid votes of legitimate voters. If none of the candidates receives the necessary majority of votes, a second round shall be held within 14 days of the voting. The two candidates who gained the greatest number of valid votes shall proceed to the second round. In the second round, the candidate who gained the greatest number of valid votes from participating voters shall be elected President.

(5) If one of the two candidates who gained the most of the valid votes in the first round ceases to be eligible for election as President before the second round of voting or resigns his or her right as a candidate, the candidate who received the next greatest number of valid votes shall proceed to the second round of voting. If there are not two candidates for the second round of voting, the second round shall not be held, and the President of the National Council of the Slovak Republic shall announce new elections so that they take place within 60 days of their announcement.

(6) If only one candidate applies for the post of President, the elections shall be held; he or she shall be elected President if he or she gains an absolute majority of the valid votes of participating voters.

(7) The elected candidate shall take up the post of President on taking an oath. The oath shall be taken before the National Council of the Slovak Republic to the President of the Constitutional Court of the Slovak Republic at noon of the day on which the term of office of the previous President is to terminate.

(8) If the term in office of the President ends prematurely, the elected candidate shall take the oath and take up the post of President at noon of the day following the day when the results of the election are announced.

(9) The Constitutional Court of the Slovak Republic shall decide whether Presidential elections have been held in conformity with the Constitution and the law.

(10) A law shall lay down further details on presidential elections.

Article 102

(1) The President

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n) shall declare referendum,

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Article 103

(1) A citizen of the Slovak Republic eligible to vote, who has attained thirty-five years of age, may be elected President of the Slovak Republic.

(2) The same person may be elected President for not more than two consecutive terms.

(3) The President of the National Council of the Slovak Republic shall announce presidential election in such a way, that the first round of the election shall take place at the latest within 60 days before the end of the function of the incumbent President. If the office of President becomes vacant before the end of the term of office, the President of the National Council of the Slovak Republic shall announce the election of a President within seven days so that the first round of the election for President shall take place at the latest within 60 days of the day of the announcement of the election of a President.

(4) If the President elect is a Member of Parliament , a member of the Government of the Slovak Republic, a judge, a public prosecutor, a member of the armed forces or the armed corps, or a member of the Supreme Audit Office of the Slovak Republic, he or she must resign from his previous office on the day of the election.

(5) The President shall hold no other paid position in any profession, business or shall not be a member of executive board of a legal entity conducting entrepreneurial activity.

(6) The President may resign from his post at any time; his term of office shall terminate on the day of delivery of a written announcement of this decision to the President of the Constitutional Court of the Slovak Republic.

(7) The President of the Constitutional Court of the Slovak Republic shall announce in writing the resignation from the function of President to the President of the National Council of the Slovak Republic.

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Article 106

(1) The President may be recalled from his post before the end of his term of office by a plebiscite. A plebiscite on the recall of a President shall be declared by the President of the National Council of the Slovak Republic on the basis of a resolution of the National Council of the Slovak Republic adopted by at least a three-fifths majority of all Members of Parliament within 30 days of the adoption of a resolution so that the plebiscite shall be held within 60 days of its declaration.

(2) The President shall be recalled if an absolute majority of all legitimate voters votes for his or her recall in a plebiscite.

(3) If the President was not recalled in a plebiscite, the President shall dissolve the National Council of the Slovak Republic within 30 days of the announcement of the results of the plebiscite. In such a case, a new presidential electoral term shall begin. The President of the National Council of the Slovak Republic shall announce elections to the National Council of the Slovak Republic within seven days of its dissolution.

(4) Further details on the recall of President shall be laid down by a law.

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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

(1) The Constitutional Court shall decide on a complaint against decision verifying or rejecting verification of the mandate of a Member of Parliament.

(2) The Constitutional Court shall decide whether the election of the President of the Slovak Republic, the elections to the National Council of the Slovak Republic, and the elections to local self-administration bodies have been held in conformity with the Constitution and the law.

(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.

(4) The Constitutional Court shall decide whether a decision dissolving a political party or movement or suspending political activities thereof is in conformity with the constitutional laws and other laws.

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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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