Adopted on: ۱ Sep ۱۹۹۲
Preamble
We٫ the Slovak nation٫
mindful of the political and cultural heritage of our forebears٫ and of the
centuries of experience from the struggle for national existence and our own
statehood٫ in the sense of the spiritual heritage of Cyril and Methodius and
the historical legacy of the Great Moravian Empire٫
proceeding from the natural right of nations to self-determination٫ together
with members of national minorities and ethnic groups living on the territory
of the Slovak Republic٫ in the interest of lasting peaceful cooperation with
other democratic states٫
seeking the application of the democratic form of government and the guarantees
of a free life and the development of spiritual culture and economic
prosperity٫ that is٫ we٫ citizens of the Slovak Republic٫ adopt through our
representatives the following Constitution:
Chapter I Basic Provisions
Article ۱
The Slovak Republic is a sovereign٫ democratic٫ and law-governed state. It is
not linked to any ideology or religious belief.
Article ۲
(۱) State power is derived from citizens٫ who execcccccute it through their
elected representatives or directly.
(۲) State bodies can act only on the basis of the Constitution٫ within its
limits٫ and to the extent and in a manner defined by law.
(۳) Everyone can do what is not forbidden by law and no one must be forced to
do anything that is not laid down by law.
Article ۳
(۱) The territory of the Slovak Republic is united and indivisi-
ble.
(۲) The borders of the Slovak Republic can be changed only by a constitutional
law.
Article ۴
Natural wealth٫ underground water٫ natural medicinal springs٫ and waterways are
in the ownership of the Slovak Republic.
Article ۵
(۱) Conditions for the acquisition and loss of the citizenship of the Slovak
Republic are determined by law.
(۲) No one must be deprived of the citizenship of the Slovak Republic against
his will.
Article ۶
(۱) Slovak is the state language on the territory of the Slovak Republic.
(۲) The use of other languages in dealings with the authorities will be
regulated by law.
Article ۷
On the basis of its free decision٫ the Slovak Republic can enter into a state
alliance with other states. The right to secession from this alliance must not
be restricted. The decision on entering into a state alliance with other states
or on secession from this alliance will be made by a constitutional law and a
subsequent referendum.
Article ۸
The state symbols of the Slovak Republic are the state emblem٫ the national
flag٫ the state seal٫ and the national anthem.
Article ۹
(۱) The state emblem of the Slovak Republic is represented by a red early
Gothic shield featuring a silver double cross on the middle of three blue
symbolic mountain peaks.
(۲) The national flag of the Slovak Republic consists of three long bands
-–--––- white٫ blue٫ and red. The front side of the national flag of
the Slovak Republic features the state emblem of the Slovak Republic.
(۳) The state seal of the Slovak Republic is represented by the state emblem of
the Slovak Republic٫ with the inscripttttttion "Slovak Republic" positioned in
a circle around it.
(۴) The national anthem of the Slovak Republic is the first two stanzas of the
song "Lightning Flashes Over the Tatra Moun- tains".
(۵) Details concerning the state emblem٫ the national flag٫ the state seal٫ and
the national anthem and their use will be set out in a law.
Article ۱۰
(۱) Bratislava is the capital of the Slovak Republic.
(۲) The status of Bratislava as the capital of the Slovak Republic will be set
out in a law.
Chapter II Basic Rights and Freedoms
Part ۱ General Provisions
Article ۱۱ [Human Rights]
International treaties on human rights and basic liberties that were ratified
by the Slovak Republic and promulgated in a manner determined by law take
precedence over its own laws٫ provided that they secure a greater extent of
constitutional rights and liberties.
Article ۱۲ [Equality]
(۱) People are free and equal in dignity and their rights. Basic rights and
liberties are inviolable٫ inalienable٫ secured by law٫ and unchallengeable.
(۲) Basic rights and liberties on the territory of the Slovak Republic are
guaranteed to everyone regardless of sex٫ race٫ color of skin٫ language٫ creed
and religion٫ political or other beliefs٫ national or social origin٫
affiliation to a nation or ethnic group٫ property٫ descent٫ or another status.
No one must be harmed٫ preferred٫ or discriminated against on these grounds.
(۳) Everyone has the right to freely decide on his nationality. Any influence
on this decision and any form of pressure aimed at assimilation are forbidden.
(۴) No one must be restricted in his rights because he upholds his basic rights
and liberties.
Article ۱۳
(۱) Duties can be imposed only on the basis of law٫ within its limits٫ and
while complying with basic rights and liberties.
(۲) Limits to basic rights and liberties can be set only by law٫ under
conditions laid down in this Constitution.
(۳) Legal restrictions of constitutional rights and liberties must apply
equally to all cases that meet the set conditions.
(۴) When restricting constitutional rights and liberties٫ attention must be
paid to their essence and meaning. These restrictions must not be used for any
other than the set purpose.
Part ۲ Basic Human Rights and Liberties
Article ۱۴ [Eligibility to Rights]
Everyone is worthy of havingggggg rights.
Article ۱۵ [Right to Life]
(۱) Everyone has the right to life. Human life is worthy of protection even
prior to birth.
(۲) No one must be deprived of life.
(۳) Capital punishment is not permitted.
(۴) If someone was deprived of life as a result of an action that does not
represent a criminal act٫ this does not constitute a violation of rights
according to this Article.
Article ۱۶ [Personal Integrity]
(۱) The inviolability of the person and its privacy is guaranteed. It can be
limited only in cases defined by law.
(۲) No one must be tortured or subjected to cruel٫ inhuman٫ or humiliating
treatment or punishment.
Article ۱۷ [Personal Liberty]
(۱) Personal freedom is guaranteed.
(۲) No one must be prosecuted or deprived of freedom other than for reasons and
in a manner defined by law. No one must be deprived of freedom solely because
of his inability to comply with a contractual obligation.
(۳) A person accused or suspected of a criminal act can be detained only in
cases defined by law. The detained person must be immediately informed of the
reasons for the detain-
ment٫ interrogated٫ and either released or brought before the court within ۲۴
hours at the latest. The judge must question the detainee within ۲۴ hours of
taking over the case and decide on his or her custody or release.
(۴) An accused person may be arrested only on the basis of a written٫
substantiated court warrant. The arrested person must be brought before the
court within ۲۴ hours. The judge must question the arrested person within ۲۴
hours of taking over the case and decide on his or her custody or release.
(۵) A person can be taken into custody only for reasons and for a period
defined by law and on the basis of a court ruling.
(۶) The law will specify in which cases a person can be admitted to٫ or kept
in٫ institutional health care without his or her consent. Such a measure must
be reported within ۲۴ hours to the court٫ which will then decide on this
placement within five days.
(۷) The mental state of a person accused of criminal activity can be examined
only on the basis of the court''s written order.
Article ۱۸ [Freedom of Work]
(۱) No one must be subjected to forced labor or services.
(۲) The provision of Section (۱) does not apply to
a) work assigned according to the law to persons serving a prison term or some
other punishment substituting for a prison term٫
b) military service or some other service assigned by law in lieu of compulsory
military service٫
c) services required on the basis of the law in the event of natural
catastrophes٫ accidents٫ or other dangers posing a threat to life٫ health٫ or
property of great value٫
d) activities laid down by law to protect life٫ health٫ or the rights of
others.
Article ۱۹ [Right to Privacy]
(۱) Everyone has the right to the preservation of his human dignity and
personal honor٫ and the protection of his good name.
(۲) Everyone has the right to protection against unwarranted interference in
his private and family life.
(۳) Everyone has the right to protection against the unwarranted collection٫
publication٫ or other illicit use of his personal data.
Article ۲۰ [Property]
(۱) Everyone has the right to own property. The ownership right of all owners
has the same legal content and deserves the same protection. Inheritance of
property is guaranteed.
(۲) The law will specify which property other than property listed in Article ۴
that is essential to meet the needs of society٫ the development of the national
economy٫ and public interest can be owned only by the state٫ community٫ or
designated juridical persons. The law can also specify that certain property
can be owned only by citizens or juridical persons resident in the Slovak
Republic.
(۳) Ownership is binding. It must not be misused to the detriment of others or
at variance with general interests protected by law. By exercising ownership٫
no harm must be done to human health٫ nature٫ cultural monuments٫ and the
environment beyond limits set by law.
(۴) Expropriation or enforced restriction of the ownership right is admissible
only to the extent that it is unavoidable and in the public interest٫ on the
basis of law٫ and in return for adequate compensation.
Article ۲۱ [Inviolability of the Home]
(۱) A person''s home is inviolable. It must not be entered without the
resident''s consent.
(۲) A house search is admissible only in connection with criminal proceedings
and only on the basis of the judge''s written and substantiated order. The
method of carrying out a house search will be set out in a law.
(۳) Other infringements upon the inviolability of one''s home can be
permitted by law only if this is inevitable in a democrat-
ic society in order to protect people''s lives٫ health٫ or property٫ to
protect the rights and liberties of others٫ or to ward off a serious threat to
public order. If the home is used also for business or to perform some other
economic activity٫ such infringements can be permitted by law also when this is
unavoidable in meeting the tasks of public administration.
Article ۲۲ [Secrecy of Communication]
(۱) The privacy of correspondence and secrecy of mailed messages and other
written documents and the protection of personal data are guaranteed.
(۲) No one must violate the privacy of correspondence and the secrecy of other
written documents and records٫ whether they are kept in privacy or sent by mail
or in another way٫ with the exception of cases to be set out in a law. Equally
guaranteed is the secrecy of messages conveyed by telephone٫ telegraph٫ or
other similar means.
Article ۲۳ [Freedom of Movement]
(۱) Freedom of movement and of abode are guaranteed.
(۲) Everyone who is rightfully staying on the territory of the Slovak Republic
has the right to freely leave this territory.
(۳) Freedoms according to Sections (۱) and (۲) can be restricted by law if it
is unavoidable for the security of the state٫ to maintain public order٫ protect
the health and the rights and liberties of others٫ and٫ in designated areas٫
also for reasons of environmental protection.
(۴) Every citizen has the right to freely enter the territory of the Slovak
Republic. A citizen must not be forced to leave his homeland and he must not be
deported or extradited.
(۵) A foreign national can be deported only in cases specified by law.
Article ۲۴ [Freedom of Religion]
(۱) The freedoms of thought٫ conscience٫ religion٫ and faith are guaranteed.
This right also comprises the possibility to change one''s religious belief
or faith. Everyone has the right to be without religious belief. Everyone has
the right to publicly express his opinion.
(۲) Everyone has the right to freely express his religion or faith on his own
or together with others٫ privately or publicly٫ by means of divine and
religious services٫ by observing religious rites٫ or by participating in the
teaching of religion.
(۳) Churches and religious communities administer their own
affairs. In particular٫ they constitute their own bodies٫ inaugurate their
clergymen٫ organize the teaching of religion٫ and establish religious orders
and other church institutions independently of state bodies.
(۴) Conditions for exercising rights according to Sections (۱)-(۳) can be
limited only by law٫ if such a measure is unavoidable in a democratic society
to protect public order٫ health٫ morality٫ or the rights and liberties of
others.
Article ۲۵
(۱) The defense of the Slovak Republic is a matter of honor for each citizen.
(۲) No one must be forced to perform military service if this runs counter to
his conscience or religious belief. The details will be specified in a law.
Part ۳ Political Rights
Article ۲۶ [Freedom of Expression]
(۱) The freedom of speech and the right to information are guaranteed.
(۲) Everyone has the right to express his views in word٫ writing٫ print٫
picture٫ or other means as well as the right to freely seek out٫ receive٫ and
spread ideas and information without regard for state borders. The issuing of
press is not subject to licensing procedures. Enterprise in the fields of radio
and television may be pegged to the awarding of an authoriza-
tion from the state. The conditions will be specified by law.
(۳) Censorship is banned.
(۴) The freedom of speech and the right to seek out and spread information can
be restricted by law if such a measure is unavoidable in a democratic society
to protect the rights and liberties of others٫ state security٫ public order٫ or
public health and morality.
(۵) State bodies and territorial self-administration bodies are under an
obligation to provide information on their activities in an appropriate manner
and in the state language. The condi-
tions and manner of execcccccution will be specified by law.
Article ۲۷ [Right to Petition]
(۱) The right of petition is guaranteed. Everyone has the right٫ alone or with
others٫ to address requests٫ proposals٫ and complaints to state bodies and
territorial self-administration bodies in matters of public or other common
interest.
(۲) A petition must not be used to call for the violation of basic rights and
liberties.
(۳) A petition must not interfere with the independence of a court.
Article ۲۸ [Right to Assemble]
(۱) The right to assemble peacefully is guaranteed.
(۲) Conditions for exercising this right will be set out in a law in the event
of assemblies in public places٫ if such a measure is unavoidable in a
democratic society to protect the rights and liberties of others٫ public order٫
health and morality٫ property٫ or the security of the state. An assembly must
not be made conditional on the issuance of an authorization by a state
administration body.
Article ۲۹ [Right to Associate]
(۱) The right to freely associate is guaranteed. Everyone has the right to
associate with others in clubs٫ societies٫ or other associations.
(۲) Citizens have the right to establish political parties and political
movements and to associate in them.
(۳) The enactment of rights according to Sections (۱) and (۲) can be restricted
only in cases specified by law٫ if this is unavoidable in a democratic society
for reasons of state security٫ to protect public order٫ to forestall criminal
acts٫ or to protect the rights and liberties of others.
(۴) Political parties and political movements٫ as well as clubs٫ societies٫ and
other associations are separated from the state.
Article ۳۰ [Electoral Rights]
(۱) Citizens have the right to participate in the administration of public
affairs either directly or through the free election of their representatives.
(۲) Elections must be held within deadlines that do not exceed the regular
electoral period as defined by law.
(۳) The right to vote is universal٫ equal٫ and direct and is exercised by means
of secret ballot. Conditions for exercising the right to vote will be set out
in a law.
(۴) Citizens have access to elected and other public posts under equal
conditions.
Article ۳۱ [Political Equality and Competition]
The legal definition of all political rights and liberties and their
interpretation and use must enable and protect the free competition of
political forces in a democratic society.
Article ۳۲ [Right to Resistance]
Citizens have the right to put up resistance to anyone who would eliminate the
democratic order of human rights and basic liberties listed in this
Constitution٫ if the activity of constitution-
al bodies and the effective use of legal means are rendered impossible.
Part ۴ The Rights of National Minorities and Ethnic Groups
Article ۳۳
Membership of any national minority or ethnic group must not be to anyone''s
detriment.
Article ۳۴
(۱) The comprehensive development of citizens representing national minorities
or ethnic groups in the Slovak Republic is guaranteed٫ particularly the right
to develop their own culture٫ together with other members of the minority or
ethnic group٫ the right to disseminate and receive information in their mother
tongue٫ the right to associate in national minority associations٫ and the right
to set up and maintain educational and cultural institutions. Details will be
set out in a law.
(۲) In addition to the right to masterrrrrr the state language٫ citizens
belonging to national minorities or ethnic groups also have٫ under conditions
defined by law٫ a guaranteed
a) right to education in their own language٫
b) right to use their language in dealings with the authorities٫
c) right to participate in the solution of affairs concerning national
minorities and ethnic groups.
(۳) The enactment of the rights of citizens belonging to national minorities
and ethnic groups that are guaranteed in this Constitution must not be
conducive to jeopardizing the sovereignty and territorial integrity of the
Slovak Republic or to discrimination against its other inhabitants.
Part ۵ Economic٫ Social٫ and Cultural Rights
Article ۳۵
(۱) Everyone has the right to a free choice of profession and to training for
it٫ as well as the right to engage in entrepreneurial or other gainful
activity.
(۲) Conditions and restrictions with regard to the execcccccution of certain
professions or activities can be specified by law.
(۳) Citizens have the right to work. Citizens who are unable to exercise this
right through no fault of their own are provided for materially by the state to
an appropriate extent. The conditions will be defined by law.
(۴) A different regulation of rights listed under Sections (۱)-(۳) can be
specified by law for foreign nationals.
Article ۳۶
Employees have the right to equitable and adequate working conditions. The law
guarantees٫ above all
a) the right to remuneration for work done٫ sufficient to ensure the
employee''s dignified standard of living٫
b) protection against arbitrary dismissal and discrimination at the place of
work٫
c) labor safety and the protection of health at work٫
d) the longest admissible working time٫
e) adequate rest after work٫
f) the shortest admissible period of paid leave٫
g) the right to collective bargaining.
Article ۳۷
(۱) Everyone has the right to freely associate with others in order to protect
his economic and social interests.
(۲) Trade unionnnnnn organizations are established independently of the state.
It is inadmissible to limit the number of trade unionnnnnn organizations٫ in
the same way as it is inadmissible to give some of them a preferential status٫
be it in an enterprise or a branch of the economy.
(۳) The activity of trade unionnnnnn organizations and the founding and
operation of other associations protecting economic and social interests can be
restricted by law if such a measure is unavoidable in a democratic society to
protect the security of the state٫ public order٫ or the rights and liberties of
others.
(۴) The right to strike is guaranteed. The conditions will be defined by law.
This right does not extend to judges٫ prosecu-
tors٫ members of the armed forces and armed corps٫ and members of the fire
brigades.
Article ۳۸
(۱) Women٫ minors٫ and persons with impaired health are entitled to an enhanced
protection of their health at work as well as to special working conditions.
(۲) Minors and persons with impaired health are entitled to special protection
in labor relations as well as to assistance in professional training.
(۳) Details concerning rights listed in Sections (۱) and (۲) will be set out in
a law.
Article ۳۹
(۱) Citizens have the right to adequate material provision in old age٫ in the
event of work disability٫ as well as after losing their provider.
(۲) Everyone who is in material need is entitled to assistance necessary to
ensure basic living conditions.
(۳) Details concerning rights listed in Sections (۱) and (۲) will be set out in
a law.
Article ۴۰
Everyone has a right to the protection of his health. Based on public
insurance٫ citizens have the right to free health care and to medical supplies
under conditions defined by law.
Article ۴۱
(۱) Marriage٫ parenthood٫ and the family are under the protection of the law.
The special protection of children and minors is guaranteed.
(۲) Special care٫ protection in labor relations٫ and adequate working
conditions are guaranteed to women during the period of pregnancy.
(۳) Children born in and out of wedlock enjoy equal rights.
(۴) Child care and the upbringing of children are among the rights of parents;
children have the right to parental care and upbringing. Parents''
rights can be restricted and minors can be separated from their parents against
their will only by means of a court ruling based on the law.
(۵) Parents caring for children are entitled to assistance from the state.
(۶) Details concerning rights listed in Sections (۱)-(۵) will be set out in a
law.
Article ۴۲
(۱) Everyone has the right to education. School attendance is compulsory. Its
period and age limit will be defined by law.
(۲) Citizens have the right to free education at primary and secondary schools
and٫ based on their abilities and society''s resources٫ also at higher
educational establishments.
(۳) Schools other than state schools may be established٫ and instruction in
them provided٫ only under conditions defined by law. Such schools may
charrrrrrge a tuition fee.
(۴) A law will specify under which conditions citizens who are engaged in
studies are entitled to assistance from the state.
Article ۴۳
(۱) Freedom of scientific research and in art are guaranteed. The rights to the
results of creative intellectual activity are protected by law.
(۲) The right of access to the cultural heritage is guaranteed under conditions
defined by law.
Part ۶ The Right to the Protection of the Environment and the Cultural Heritage
Article ۴۴
(۱) Everyone has the right to an auspicious environment.
(۲) Everyone is obliged to protect and enhance the environment and the cultural
heritage.
(۳) No one must endanger or damage the environment٫ natural resources٫ and the
cultural heritage beyond the extent estab-
lished by law.
(۴) The state looks after an economical use of natural resources٫ ecological
balance٫ and effective environmental care.
Article ۴۵
Everyone has the right to timely and complete information about the state of
the environment and the causes and conse-
quences of its condition.
Part ۷ The Right to Protection by the Court and Other Legal Protection
Article ۴۶
(۱) Everyone may claim by the established legal procedure his right to an
independent and impartial court hearing and٫ in cases designated by law٫ to
another body of the Slovak Republic.
(۲) Anyone who claims to have been deprived of his rights by a decision of a
public administration body may appeal to the court for it to reexamine the
lawfulness of that decision٫ unless specified otherwise by law. The
reexamination of decisions concerning basic rights and liberties must not٫
however٫ be excluded from the court''s authority.
(۳) Everyone is entitled to compensation for damage incurred as a result of an
unlawful decision by a court or another state or public administration body٫ or
as a result of an incorrect official procedure.
(۴) Conditions and details concerning court and other legal protection will be
set out in a law.
Article ۴۷
(۱) Everyone has the right to refuse to testify if٫ by doing so٫ he might
expose himself or a person close to him to the risk of criminal prosecution.
(۲) Everyone has the right to legal assistance in court proceed-
ings or proceedings before other state or public administration bodies. He has
this right from the very start of the proceed-
ings٫ under conditions defined by law.
(۳) All participants in proceedings according to Section (۲) are equal.
(۴) Anyone who declares that he does not have a command of the language in
which the proceedings according to Section (۲)
are conducted has the right to an interpreter.
Article ۴۸
(۱) No one must be removed from the jurisdiction of his law-assigned judge. The
jurisdiction of the court is estab- lished by law.
(۲) Everyone has the right to have his case tried in public٫ without needless
procrastination٫ and in his presence and to deliver his opinion on all pieces
of evidence. The public can be excluded only in cases specified by law.
Article ۴۹
Only the law established which conduct constitutes a criminal act and what
punishment or other form of deprivation of rights or property may be inflicted
upon those who committed it.
Article ۵۰
(۱) Only the court shall decide on guilt and punishment for criminal acts.
(۲) Every defendant is considered innocent until the court establishes his
guilt by means of a legally valid verdict.
(۳) The accused has the right to be granted the time and opportunity to prepare
his defense٫ either himself or through a defense counsel.
(۴) The defendant has the right to refuse to testify and must not be denied
this right under any circumstances.
(۵) No one must be made criminally liable for a deed for which he has already
been sentenced or of which he has already been acquitted in a legally valid
manner. This principle does not rule out the application of extraordinary
corrective means in harmony with the law.
(۶) The criminal liability of a deed is assessed٫ and punishment is meted out٫
according to the law valid at the time when the offense was committed. A more
recent law will be applied if it is more favorable for the perpetrator.
Part ۸ Common Provisions for Chapters One and Two
Article ۵۱
The rights listed under Articles ۳۵٫ ۳۶٫ ۳۷ (۴)٫ ۳۸-۴۲٫ and ۴۴-۴۶ can be
claimed only within the limits of the laws that execcccccute those provisions.
Article ۵۲
(۱) Wherever the term "citizen" is used in Chapters One and Two of this
Constitution٫ this is understood to mean citizen of the Slovak Republic.
(۲) Foreign nationals enjoy in the Slovak Republic basic human rights and
liberties guaranteed by this Constitution٫ unless these are expressly granted
only to citizens.
(۳) Wherever the term "citizen" is used in previous legal regulations٫ this is
understood to mean every person٫ wherever this concerns the rights and
liberties that this Constitution extends regardless of citizenship.
Article ۵۳
The Slovak Republic grants asylum to foreign nationals persecuted for upholding
political rights and liberties. Asylum may be denied to those who acted at
variance with basic human rights and liberties. Details will be defined by law.
Article ۵۴
The law may restrict the right of judges and prosecutors to engage in
entrepreneurial and other activity and the right listed under Article ۲۹ (۲);
the right of employees of state administration bodies and territorial
self-administration bodies in designated functions listed under Article ۳۷ (۴);
and the rights of members of armed forces and armed corps listed under
Articles ۲۷ and ۲۸٫ if these are related to the execcccccution of their
duties. The law may restrict the right to strike for persons in professions
that are vital for the protection of life and health.
Chapter III
Part ۱ The Economy of the Slovak Republic
Article ۵۵
(۱) The economy of the Slovak Republic is based on the principles of a socially
and ecologically oriented market economy.
(۲) The Slovak Republic protects and promotes economic competition. Details
will be set out in a law.
Article ۵۶
The Slovak Republic establishes a bank of issue. Details will be set out in a
law.
Article ۵۷
The Slovak Republic is a customs territory.
Article ۵۸
(۱) The financial management of the Slovak Republic is administered by its
state budget. The state budget is adopted by means of a law.
(۲) State budget revenues٫ the rules of budget economy٫ and the relationship
between the state budget and the budgets of territorial units will be set out
in a law.
(۳) Special-purpose funds linked to the state budget of the Slovak Republic are
established by law.
Article ۵۹
(۱) There exist state and local taxes and fees.
(۲) Taxes and fees may be levied by law or on the basis of a law.
Part ۲ Supreme Control Office of the Slovak Republic
Article ۶۰
The Supreme Control Office of the Slovak Republic is an independent body
carrying out control of the management of budgetary resources٫ state property٫
property rights٫ and state claims.
Article ۶۱
(۱) The Supreme Control Office is headed by a chairman. The chairman and deputy
chairmen of the Supreme Control Office are elected and recalled by the National
Council of the Slovak Republic.
(۲) Any citizen of the Slovak Republic who may be elected to the National
Council of the Slovak Republic may be elected chairman of the Supreme Control
Office.
(۳) The same person may be elected chairman of the Supreme Control Office for a
maximum of two consecutive five-year terms.
(۴) The posts of chairman and deputy chairmen of the Supreme Control Office are
incompatible with any other post in state bodies٫ territorial
self-administration bodies٫ or bodies of juridical persons engaged in
entrepreneurial activity.
Article ۶۲
The Supreme Control Office submits reports on the results of its inquiries to
the National Council of the Slovak Republic at least once a year and whenever
requested to do so by the National Council of the Slovak Republic.
Article ۶۳
The sphere of competence٫ powers٫ and internal organizational structure of the
Supreme Control Office will be set out in a law.
Chapter IV Territorial Self-Administration
Article ۶۴
(۱) The community is the basic element of territorial self-administration.
(۲) The community is an independent territorial and administra-
tive unit of the Slovak Republic comprising persons who are permanently
resident on its territory.
(۳) The self-administration of higher territorial units and their bodies will
be established by law.
Article ۶۵
(۱) The community is a juridical person that٫ under conditions set out in a
law٫ independently manages its own property and financial resources.
(۲) The community finances its needs٫ first and foremost٫ from its own
revenues٫ as well as from state subsidies. The law specifies which taxes and
fees represent communities'' revenue. State subsidies may be claimed only
within the limits of the law.
Article ۶۶
The community has the right to pool its resources with those of other
communities in the interest of ensuring matters of common interest.
Article ۶۷
The community decides independently in matters of local self-administration.
Duties and restrictions may be imposed on it only by the law. Territorial
self-administration is enacted at meetings of community residents٫ by means of
a local referen-
dum٫ or through community bodies.
Article ۶۸
The community may issue generally binding decrees in matters of local
self-administration.
Article ۶۹
(۱) Community bodies are
a) the community representative body
b) the mayor
(۲) The community representative body is composed of deputies to the community
representative body. Elections of deputies to community representative bodies
are held by secret ballot٫ on the basis of a general٫ equal٫ and direct right
to vote.
(۳) The mayor is elected by citizens of the community by secret ballot٫ on the
basis of a general٫ equal٫ and direct right to vote. The mayor of a community
constitutes the community''s execcccccutive body. He execcccccutes
community administration and represents the community outwardly.
Article ۷۰
The prerequisites for a community to be declared a town٫ and the method of
doing so٫ will be defined by law٫ which will also designate the names of town
bodies.
Article ۷۱
(۱) The execcccccution of designated tasks of local state administra-
tion can be transferred by law to the community. The cost of the
execcccccution of state administration transferred in this manner will be
covered by the state.
(۲) In execcccccuting state administration٫ the community may٫ on the basis of
the law٫ issue decrees that are generally binding within its area of
jurisdiction٫ if empowered to do so by the law. The execcccccution of state
administration transferred to the community is steered by law and controlled by
the Government. Details will be specified in a law.
Chapter V Legislative Power
Part ۱ The National Council of the Slovak Republic
Article ۷۲
The National Council of the Slovak Republic is the sole constituent and
legislative body of the Slovak Republic.
Article ۷۳
(۱) The National Council of the Slovak Republic has ۱۵۰ deputies who are
elected for a four-year period.
(۲) Deputies are representatives of citizens. They execcccccute their mandate
personally according to their conscience and conviction and are not bound by
orders.
Article ۷۴
(۱) Deputies are elected by secret ballot in general٫ equal٫ and direct
elections.
(۲) A citizen who has the right to vote٫ has reached the age of ۲۱٫ and is
permanently resident on the territory of the Slovak Republic can be elected
deputy.
(۳) Details concerning the election of deputies will be set out in a law.
Article ۷۵
(۱) The deputy is sworn in at the first meeting of the National Council of the
Slovak Republic in which he participates٫ by taking the following oath: "I
promise by my honor and conscience to be faithful to the Slovak Republic. I
will fulfill my duties in the interest of its citizens. I will observe the
Constitution and other laws and work toward their translation into life."
(۲) Refusing to take this oath٫ or taking it with reservations٫ results in the
loss of mandate.
Article ۷۶
The validity of the election of deputies is verified by the National Council of
the Slovak Republic.
Article ۷۷
(۱) The post of deputy is incompatible with the post of president٫ judge٫
prosecutor٫ member of the Police Corps٫ member of the Prison Guard Corps٫ and
professional soldier.
(۲) If a deputy is appointed member of the Government of the Slovak Republic٫
his mandate as a deputy does not cease while he execcccccutes the government
post٫ but is just not being exer-
cised.
Article ۷۸
(۱) A deputy cannot be made criminally liable because of his voting in the
National Council of the Slovak Republic or its bodies٫ which applies also to
the period after the expiry of his mandate. For statements made in the National
Council of the Slovak Republic or its bodies while discharrrrrrging the
functions of a deputy٫ a deputy is answerable to the disciplinary powers of the
National Council of the Slovak Republic.
(۲) No criminal or disciplinary proceedings can be initiated against a deputy٫
and he cannot be taken into custody٫ without the consent of the National
Council of the Slovak Republic. If the National Council of the Slovak Republic
denies its consent٫ prosecution is ruled out forever.
(۳) If a deputy has been caught and detained while committing a criminal
offense٫ the relevant authority is obliged to report this immediately to the
chairman of the National Council of the Slovak Republic. Unless the Mandate and
Immunity Committee of the National Council of the Slovak Republic gives its
consent to the detainment٫ the deputy must be released immediately.
Article ۷۹
A deputy may refuse to testify in matters about which he learned while
discharrrrrrging his office٫ even after he ceases to be a deputy.
Article ۸۰
(۱) A deputy may address an interpellation to the Government of the Slovak
Republic٫ a member of the Government of the Slovak Republic٫ or the head of
another central body of state administration concerning matters within their
jurisdiction. The deputy must receive a reply within ۳۰ days.
(۲) The reply to an interpellation shall become the subject of a debate in the
National Council of the Slovak Republic that may be linked with a vote of
confidence.
Article ۸۱
(۱) A deputy may surrender the post of deputy.
(۲) The mandate of a deputy shall expire if the deputy is sentenced in a
legally valid way for a particularly grave deliberate criminal act.
Article ۸۲
(۱) The National Council of the Slovak Republic holds permanent sessions.
(۲) The constituent meeting of the National Council of the Slovak Republic is
called by the president of the Slovak Republic within ۳۰ days after the
announcement of election results. If he fails to do so٫ the National Council of
the Slovak Republic convenes on the ۳۰th day after the announcement of the
election results.
(۳) The National Council of the Slovak Republic may interrupt its session by
means of a resolution. The length of interruption must not exceed four months
in a year. The chairman٫ deputy chairmen٫ and bodies of the National Council of
the Slovak Republic perform their duties while the National Council of the
Slovak Republic is in recess.
(۴) While the session is interrupted٫ the chairman of the National Council of
the Slovak Republic may call a meeting of the National Council of the Slovak
Republic even prior to the set date. He will call a meeting whenever requested
to do so by the Government of the Slovak Republic or at least one-fifth of the
deputies.
(۵) The session of the National Council of the Slovak Republic ends with the
expiration of the electoral term or with its dissolution.
Article ۸۳
(۱) Meetings of the National Council of the Slovak Republic are called by its
chairman.
(۲) The chairman of the National Council of the Slovak Republic shall call a
meeting of the National Council of the Slovak Republic also when requested to
do so by at least one-fifth of its deputies. In that case he will call a
meeting within seven days.
(۳) Meetings of the National Council of the Slovak Republic are public.
(۴) Non-public meetings can be held only in cases specified by law or on the
basis of a decision by three-fifths of all deputies of the National Council of
the Slovak Republic.
Article ۸۴
(۱) The National Council of the Slovak Republic has a quorum if more than
one-half of all its deputies are present.
(۲) For a resolution of the National Council of the Slovak Republic to be
valid٫ it must be passed by more than one-half of the deputies present٫ unless
specified otherwise by this Constitution.
(۳) The agreement of at least a three-fifths majority of all deputies is
required to pass and amend the Constitution and constitutional laws٫ to elect
and recall the president٫ and to declare war on another state.
Article ۸۵
At the request of the National Council of the Slovak Republic or its body٫ a
member of the Government of the Slovak
Republic or head of another body of state administration must participate in
its meeting or in the meeting of its body.
Article ۸۶
The jurisdiction 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) electing and recalling the president of the Slovak Republic by secret
ballot٫
c) approving by means of a constitutional law a treaty on the Slovak
Republic''s entering into an alliance with other states and on its abrogation
of such a treaty٫
d) deciding on proposals to call a referendum٫
e) voicing consent٫ prior to ratification٫ with the conclusion of international
political treaties٫ international economic treaties of a general nature٫ as
well as with international treaties whose execcccccution requires the passing
of a law٫
f) establishing ministries and other state administration bodies by means of
law٫
g) 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٫ h) approving the state budget٫ checking on its
fulfillment٫ and approving the state closing account٫ i) discussing basic
domestic٫ international٫ economic٫ social٫ and other political issues٫
j) electing judges٫ the chairman and deputy chairman of the Supreme Court of
the Slovak Republic٫ the chairman and deputy chairman of the Constitutional
Court of the Slovak Republic٫ and the chairman and deputy chairman of the
Supreme Control Office of the Slovak Republic٫
k) deciding on the declaration of war if the Slovak Republic is attacked or as
a result of commitments arising from internation-
al treaties on common defense against aggression٫
l) expressing consent to sending armed forces outside the territory of the
Slovak Republic.
Article ۸۷
(۱) Bills can be tabled by committees of the National Council of the Slovak
Republic٫ deputies٫ and the Government of the Slovak Republic.
(۲) Laws of the National Council of the Slovak Republic are signed by the
chairman of the National Council of the Slovak Republic٫ the president of the
Slovak Republic٫ and the prime minister of the Slovak Republic.
(۳) If the president of the Slovak Republic returns a constitu-
tional or other 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.
(۴) The president of the Slovak Republic will return a law with comments٫ in
line with Section (۳)٫ whenever requested to do so by the Government of the
Slovak Republic.
(۵) A law becomes valid with its promulgation. Details will be set out in a
law.
Article ۸۸
(۱) The motion to pass a vote of no-confidence in the Govern-
ment of the Slovak Republic or a member of it will be discussed by the National
Council of the Slovak Republic if requested by at least one-fifth of its
deputies.
(۲) The consent of more than ۵۰ percent of all deputies is required to pass a
vote of no-confidence in the Government of the Slovak Republic or a member of
it.
Article ۸۹
(۱) The chairman of the National Council of the Slovak Republic is elected and
recalled by the National Council of the Slovak Republic by secret ballot٫ by
more than ۵۰ percent of
the votes of all deputies. The chairman is accountable only to the National
Council of the Slovak Republic.
(۲) The chairman of the National Council of the Slovak Republic
a) calls and chairs meetings of the National Council of the Slovak Republic٫
b) signs the Constitution٫ constitutional laws٫ and other laws٫
c) takes the oath from deputies of the National Council of the Slovak Republic٫
d) takes the oath from the president of the Slovak Republic٫
e) takes the oath from judges٫ the chairman of the Supreme Court of the Slovak
Republic٫ and the chairman of the Constitutional Court of the Slovak Republic٫
f) calls elections to the National Council of the Slovak Republic.
(۳) The chairman of the National Council of the Slovak Republic remains in
office after the electoral period expires٫ until the National Council of the
Slovak Republic elects a new chairman.
Article ۹۰
(۱) The deputy chairman of the National Council of the Slovak Republic act as
substitutes for the chairman. They are elected and recalled by secret ballot by
the National Council of the Slovak Republic٫ by the votes of more than ۵۰
percent of all deputies. The deputy chairman of the National Council of the
Slovak Republic is accountable to the National Council of the Slovak Republic.
(۲) The provision of Article ۸۹ (۳) applies also to the deputy chairman of the
National Council of the Slovak Republic.
Article ۹۱
The activity of the National Council of the Slovak Republic is steered and
organized by the chairman and deputy chairmen.
Article ۹۲
(۱) The National Council of the Slovak Republic establishes from the ranks of
deputies committees as its bodies havingggggg an initiating and control role
and it elects their chairmen by secret ballot.
(۲) The deliberations of the National Council of the Slovak Republic and its
committees are regulated by law.
Part ۲ The Referendum
Article ۹۳
(۱) A referendum will be used to confirm a constitutional law on entering into
an alliance with other states or on withdrawing from that alliance.
(۲) A referendum can be used to decide also on other important issues of public
interest.
(۳) Basic rights and liberties٫ taxes٫ levies٫ and the state budget cannot be
the subject of a referendum.
Article ۹۴
Every citizen of the Slovak Republic who has the right to vote in elections of
the National Council of the Slovak Republic is entitled to participate in the
referendum.
Article ۹۵
The referendum is called by the president of the Slovak Republic if requested
by a petition signed by a minimum of ۳۵۰٫۰۰۰ citizens or on the basis of a
resolution of the National Council of the Slovak Republic٫ within ۳۰ days after
the receipt of the citizens'' petition or the resolution of the National
Council of the Slovak Republic.
Article ۹۶
(۱) The motion to pass a resolution of the National Council of
the Slovak Republic on calling a referendum can be tabled by deputies of the
National Council of the Slovak Republic or by the Government of the Slovak
Republic.
(۲) The referendum will be held within ۹۰ days after it is called by the
president of the Slovak Republic.
Article ۹۷
(۱) A referendum must not be held within ۹۰ days prior to elections to the
National Council of the Slovak Republic.
(۲) A referendum may be held on the day of elections to the National Council of
the Slovak Republic.
Article ۹۸
(۱) The results of the referendum are valid if more than ۵۰ percent of eligible
voters participated in it and if the decision was endorsed by more than ۵۰
percent of the participants in the referendum.
(۲) The proposals adopted in the referendum will be promulgat-
ed by the National Council of the Slovak Republic in the same way as it
promulgates laws.
Article ۹۹
(۱) The National Council of the Slovak Republic can amend or annual the result
of a referendum by means of a constitutional law٫ but it may not do so earlier
than three years after the result of the referendum came into effect.
(۲) A referendum on the same issue can be repeated after three years at the
earliest.
Article ۱۰۰
A law will establish the manner in which the referendum will be carried out.
Chapter VI execcccccutive Power
Part ۱ The President of the Slovak Republic
Article ۱۰۱
(۱) The president is the head of state of the Slovak Republic.
(۲) The president of the Slovak Republic is elected by the National Council of
the Slovak Republic by secret ballot for a period of five years.
(۳) A majority of three-fifths of all deputies'' votes is required for the
president to be elected.
Article ۱۰۲
The president
a) represents the Slovak Republic outwardly and concludes and ratifies
international treaties. He may delegate to the Govern-
ment of the Slovak Republic or٫ with the Government''s consent٫ to individual
members of the Slovak Republic٫ the conclusion of international treaties that
do not require approval by the National Council of the Slovak Republic٫
b) receives and accredits ambassadors٫
c) calls the constituent meeting of the National Council of the Slovak
Republic٫
d) may dissolve the National Council of the Slovak Republic if the policy
statement of the Government of the Slovak Republic is not approved three times
within six months after the elections. Prior to dissolving the National Council
of the Slovak Republic٫ the president is obliged to hear the standpoint of the
chairman of the National Council of the Slovak Republic. New elections will be
called by the chairman of the National Council of the Slovak Republic within ۳۰
days٫
e) signs laws٫
f) appoints and recalls the prime minister and other members of the Government
of the Slovak Republic٫ entrusts them with the management of ministries٫ and
accepts their resignation. Recalls the prime minister and other members of the
Government in the cases listed in Articles ۱۱۵ and ۱۱۶٫ g) appoints and recalls
the heads of central bodies and higher-level state officials in cases specified
by law٫ appoints university professors and rectors٫ appoints and promotes
generals٫
h) awards distinctions٫ unless he empowers another body to perform this task٫
i) grants amnesty and pardon٫ lowers punishments meted out by criminal courts٫
issues orders not to initiate or not to continue criminal proceedings٫ and
nullifies punishments٫ j) acts as supreme commander of the Armed Forces٫ k)
declares martial law at the recommendation of the Govern-
ment of the Slovak Republic and declares war on the basis of a decision of the
National Council of the Slovak Republic٫ if the Slovak Republic is attacked or
as a result of commitments arising from international treaties on common
defense against aggression٫
l) declares a state of emergency on the basis of a constitutional law٫
m) calls referendums٫
n) can return to the National Council of the Slovak Republic constitutional and
other laws with comments. He can do so within ۱۵ days after their approval٫
o) presents to the National Council of the Slovak Republic reports on the state
of the Slovak Republic and on important political issues٫ submits to it draft
laws and proposals for other measures.
p) has the right to be present at meetings of the National Council of the
Slovak Republic٫
r) has the right to be present at meetings of the Government of the Slovak
Republic٫ to chair them٫ and to demand reports from the Government or its
members.
Article ۱۰۳
(۱) Any citizen of the Slovak Republic who is eligible to vote and has reached
the age of ۳۵ can be elected president.
(۲) The same person can be elected president in two consecutive electoral
periods at the most.
(۳) The election of the president will be held in the last ۶۰ days of the
acting president''s period of office. Should the office of the president
become vacant prior to the end of the electoral period٫ the election of a new
president will be held within ۳۰ days.
(۴) Should a deputy of the National Council of the Slovak Republic٫ member of
the Government of the Slovak Republic٫ judge٫ prosecutor٫ member of the armed
forces of another armed corps٫ or member of the Supreme Control Office of the
Slovak Republic be elected president٫ he will cease execcccccuting his
previous function from the day of his election.
(۵) The president must not perform any other paid function٫ profession٫ or
entrepreneurial activity and must not be a member of the body of a juridical
person engaged in entrepre-
neurial activity.
Article ۱۰۴
(۱) The president is sworn in by the chairman of the National Council of the
Slovak Republic٫ before the National Council of the Slovak Republic٫ by taking
the following oath: "I promise on my honor and conscience to be faithful to the
Slovak Republic. I will attend to the well-being of the Slovak nation and the
national minorities and ethnic groups living in the Slovak Republic. I will
discharrrrrrge my duties in the interest of citizens and will uphold and
defend the Constitution and other laws."
(۲) Refusing to take this oath٫ or taking it with reservations٫ results in the
invalidity of the election of the president.
Article ۱۰۵
(۱) If no president is elected٫ or if the office of the president becomes
vacant before a new president is elected or before the newly elected president
has been sworn in٫ or if the president is unable to perform his function for
serious reasons٫ the execcccccution of the post of the president falls upon
the Government of the Slovak Republic٫ with the exception of presidential
powers listed in Article ۱۰۲ (d)-(g). In that case the Government can entrust
the prime minister with execcccccuting some presidential powers. The supreme
command of the armed forces is also transferred to the prime minister in this
period.
(۲) If the president is unable to perform his function for more than one year٫
the National Council of the Slovak Republic will recall him from office and
will elect a new president for a regular term of office.
Article ۱۰۶
The National Council of the Slovak Republic can recall the president from his
post if the president is engaged in activity directed against the sovereignty
and territorial integrity of the Slovak Republic or in activity aimed at
eliminating the Slovak Republic''s democratic constitutional system. In such
cases٫ the motion to recall the president may be tabled by more than one-half
of all deputies. The consent of at least a three-fifths majority of all
deputies is required for the president to be recalled.
Article ۱۰۷
The president can be prosecuted only on charrrrrrges of high treason. The
indictment against the president is filed by the National Council of the Slovak
Republic. The Constitutional Court of the Slovak Republic decides on the
indictment.
Part ۲ The Government of the Slovak Republic
Article ۱۰۸
The Government of the Slovak Republic is the supreme body of execcccccutive
power.
Article ۱۰۹
(۱) The Government consists of the prime minister٫ deputy prime ministers٫ and
ministers.
(۲) A Government member must not exercise the mandate of a deputy or be a
judge.
(۳) A Government member must not perform any other paid office٫ profession٫ or
entrepreneurial activity and must not be a member of the body of a juridical
person engaged in entrepre-
neurial activity.
Article ۱۱۰
(۱) The prime minister is appointed and recalled by the president of the Slovak
Republic.
(۲) Any citizen of the Slovak Republic who can be elected to the National
Council of the Slovak Republic can be appointed prime minister.
Article ۱۱۱
At the recommendation of the prime minister٫ the president of the Slovak
Republic appoints and recalls other members of the Government and entrusts them
with the management of ministries. The president can appoint as deputy prime
minister and minister any citizen who can be elected to the National Council of
the Slovak Republic.
Article ۱۱۲
Members of the Government are sworn in by the president of the Slovak Republic
and take the following oath: "I swear by my honor and conscience to be faithful
to the Slovak Republic. I will discharrrrrrge my duties in the interest of the
citizens. I will uphold the Constitution and other laws and work toward their
translation into life."
Article ۱۱۳
Within ۳۰ days after its appointment٫ the Government is obliged to appear
before the National Council of the Slovak Republic٫ to present to it its
program٫ and to request the expression of its confidence.
Article ۱۱۴
(۱) The Government is accountable for the execcccccution of its duties to the
National Council of the Slovak Republic٫ which can pass a vote of no confidence
in it at any time.
(۲) The Government can at any time request the National Council of the Slovak
Republic to pass a vote of confidence in it.
(۳) The Government can link the vote on the adoption of a law or on another
issue with a vote of confidence in the Govern-
ment.
Article ۱۱۵
(۱) The president of the Slovak Republic will recall the Government if the
National Council of the Slovak Republic passes a vote of no confidence in it or
if it turns down the Government''s request to pass a vote of confidence in
it.
(۲) If the president of the Slovak Republic accepts the Government''s
resignation٫ he will entrust it with the execcccccution of its duties until a
new Government is appointed.
Article ۱۱۶
(۱) A Government member is accountable for the execcccccution of his duties to
the National Council of the Slovak Republic.
(۲) A Government member may submit his resignation to the president of the
Slovak Republic.
(۳) The National Council of the Slovak Republic may pass a vote of no
confidence also in an individual Government member. In this case٫ the president
of the Slovak Republic will recall the Government member in question.
(۴) The proposal to recall a Government member may be submitted to the
president of the Slovak Republic also by the prime minister.
(۵) If the prime minister submits his resignation٫ the entire Government will
submit its resignation.
(۶) If the National Council of the Slovak Republic passes a vote of no
confidence in the prime minister٫ the president of the Slovak Republic will
recall him. The recalling of the prime minister results in the stepping down of
the Government.
(۷) If the president of the Slovak Republic accepts the resigna-
tion of٫ or recalls٫ a member of the Government٫ he will determine which
Government member will temporarily be charrrrrrged with the management of the
department previously administered by the Government member whose resignation
he accepted.
Article ۱۱۷
The Government will always submit its resignation after the constituent meeting
of a newly elected National Council of the Slovak Republic; however٫ the
Government execcccccutes its duties until a new Government is formed.
Article ۱۱۸
(۱) The Government has a quorum if more than one-half of its members are
present.
(۲) The majority of votes of all Government members is needed to pass a
Government resolution.
Article ۱۱۹
The Government as a body decides on
a) draft laws٫
b) Government decrees٫
c) the Government''s program and its implementation٫
d) principal measures concerning the implementation of the Slovak Republic''s
economic and social policy٫
e) drafts of the state budget and the state closing account٫
f) international treaties of the Slovak Republic٫
g) principal questions of domestic and foreign policy٫
h) submitting a draft law of the National Council of the Slovak Republic or
some other important measure to the public for discussion٫
i) requesting the passing of a vote of confidence٫
j) awarding amnesty for misdemeanors٫
k) appointing and recalling state officials in cases specified by law٫
l) other matters specified by law.
Article ۱۲۰
(۱) The Government may issue decrees in order to execcccccute laws within
their limits.
(۲) Government decrees are signed by the prime minister.
(۳) A Government decree must be promulgated in a manner that will be specified
by law.
Article ۱۲۱
The Government has the right to award amnesty for misde-
meanors. Details will be set out in a law.
Article ۱۲۲
Central bodies of state administration and local bodies of state administration
are established by means of a law.
Article ۱۲۳
Ministries and other bodies of state administration may٫ on the basis of laws
and within their limits٫ issue generally binding legal regulations if empowered
to do so by the law. These generally binding legal regulations are promulgated
in a manner that will be specified by law.
Chapter VII Judicial Power
Part ۱ The Constitutional Court of the Slovak Republic
Article ۱۲۴
The Constitutional Court of the Slovak Republic is an independent judicial body
charrrrrrged with protecting constitution- ality.
Article ۱۲۵
The Constitutional Court decides on the compatibility of
a) laws with the Constitution and with constitutional laws٫
b) decrees issued by the Government and generally binding legal regulations
issued by ministries and other central bodies of state administration with the
Constitution and constitutional and other laws٫
c) generally binding decrees issued by territorial self-administration bodies
with the Constitution and laws٫
d) generally binding legal regulations issued by local state administration
bodies with the Constitution٫ laws٫ and other generally binding legal
regulations٫
e) generally binding legal regulations with international treaties promulgated
in a manner established for the promulgation of laws.
Article ۱۲۶
The Constitutional Court decides on jurisdiction disputes among central bodies
of state administration٫ unless the law specifies that these disputes are
decided by another state body.
Article ۱۲۷
The Constitutional Court decides on complaints filed against legally valid
decisions of central state administration bodies٫ local state administration
bodies٫ and territorial self-administration bodies violating basic rights and
liberties of citizens٫ unless decisions on the protection of these rights and
liberties are within the jurisdiction of another court.
Article ۱۲۸
(۱) The Constitutional Court provides an interpretation of constitutional laws
in disputed matters. The conditions will be specified in a law.
(۲) The Constitutional Court does not assume a stand on matters concerning the
compatibility of draft laws and the drafts of other generally binding legal
regulations with the Constitution and constitutional laws.
Article ۱۲۹
(۱) The Constitutional Court decides on complaints filed against the decision
to verify or not to verify the mandate of a deputy of the National Council of
the Slovak Republic.
(۲) The Constitutional Court decides on the constitutionality and legitimacy of
elections to the National Council of the Slovak Republic and territorial
self-administration bodies.
(۳) The Constitutional Court decides on complaints filed against referendum
results.
(۴) The Constitutional Court decides whether the decision to disband or suspend
the activity of a political party or a political movement was in harmony with
constitutional and other laws.
(۵) The Constitutional Court decides on high treason charrrrrrges filed by the
National Council of the Slovak Republic against the president of the Slovak
Republic.
Article ۱۳۰
(۱) The Constitutional Court initiates proceedings on the basis of a proposal
by
a) at least one-fifth of deputies of the National Council of the Slovak
Republic٫
b) the president of the Slovak Republic٫
c) the Government of the Slovak Republic٫
d) the court٫
e) the general prosecutor٫ f) in cases listed under Article ۱۲۷٫ anyone whose
rights are to become the subject of inquiry.
(۲) A law will specify who is entitled to submit a proposal to initiate
proceedings according to Article ۱۲۹.
(۳) The Constitutional Court can initiate proceedings also at the suggestion of
juridical or natural persons objectttttting to the violation of their rights.
Article ۱۳۱
Matters listed under Articles ۱۰۷٫ ۱۲۵ (a)-(b)٫ ۱۲۹ (۲) and (۴)٫ ۱۳۶ (۲)٫ and
۱۳۸ (۲) and (۳) as well as matters concerning the arrangement of the
Constitutional Court''s internal affairs are decided by plenary meetings of
the Constitutional Court.
Article ۱۳۲
(۱) If the Constitutional Court establishes by its verdict that legal
regulations listed under Article ۱۲۵ are mutually incompatible٫ the relevant
regulations٫ their parts٫ or٫ as the case may be٫ some of their provisions
cease to be effective. Within six months after the announcement of the
Constitutional Court''s ruling٫ the bodies that issued those regulations must
bring them into harmony with the Constitution and constitution- al laws. If the
incompatibility concerns regulations listed under Article ۱۲۵ (b)٫ they must
also bring them into harmony with other laws and if the incompatibility
concerns regulations listed under Article ۱۲۵ (c)٫ they must also bring them
into harmony with other laws٫ international treaties٫ Slovak Government
decrees٫ and generally binding legal regulations issued by ministries and other
central state adminis- tration bodies. If they fail to do so٫ such regulations
or٫ as the case may be٫ their parts or provisions cease to be effective six
months after the announcement of the ruling.
(۲) Constitutional Court rulings issued according to Section (۱) are
promulgated in a manner established for the promulgation of laws.
Article ۱۳۳
There exists no legal recourse against a ruling of the Constitu-
tional Court.
Article ۱۳۴
(۱) The Constitutional Court consists of ۱۰ judges.
(۲) Constitutional Court judges are appointed by the president of the Slovak
Republic for a period of seven years out of ۲۰ persons proposed to him by the
National Council of the Slovak Republic.
(۳) Any citizen of the Slovak Republic who may be elected to the National
Council of the Slovak Republic٫ has reached the age of ۴۰٫ is a law school
graduate٫ and has been practicing law for at least ۱۵ years may be appointed
judge of the Constitu-
tional Court.
(۴) A judge of the Constitutional Court is sworn in by the president of the
Slovak Republic by taking the following oath: "I promise on my honor and
conscience that I will protect the inviolability of the natural rights of man
and civic rights٫ protect the principles of the law-governed state٫ abide by
the Constitution and constitutional laws٫ and decide independent- ly and
impartially٫ according to my best conscience."
(۵) A judge of the Constitutional Court takes up office upon taking his oath.
Article ۱۳۵
The Constitutional Court is headed by its chairman٫ who is substituted for by
the deputy chairman. The chairman and deputy chairman are appointed by the
president of the Slovak Republic from among judges of the Constitutional Court.
Article ۱۳۶
(۱) Members of the Constitutional Court enjoy immunity in the same way as
deputies of the National Council of the Slovak Republic.
(۲) The consent to the criminal prosecution of a judge of the Constitutional
Court٫ or to taking him into custody٫ is given by the Constitutional Court.
(۳) The Constitutional Court gives consent to the criminal prosecution or to
the taking into custody of the chairman and deputy chairman of the Supreme
Court of the Slovak Republic.
Article ۱۳۷
(۱) If an appointed judge of the Constitutional Court is a member of a
political party or a political movement٫ he must surrender his membership prior
to taking his oath٫
(۲) Judges of the Constitutional Court execcccccute their post as their
profession. The execcccccution of this post is incompatible with
a) entrepreneurial or another economic or gainful activity٫ with the exception
of the administration of their own property and scientific٫ teaching٫ literary٫
and artistic activity٫
b) a post or contract of employment in another state body.
(۳) The judge''s mandate as a deputy and his membership of the Government of
the Slovak Republic expire on the day when he takes up office.
Article ۱۳۸
(۱) A judge of the Constitutional Court can surrender the post of judge of the
Constitutional Court.
(۲) The president of the Slovak Republic can recall a judge of the
Constitutional Court on the basis of a legally valid sentence passed for a
deliberate criminal offense or on the basis of a disciplinary decision by the
Constitutional Court passed because of a deed that is incompatible with the
execcccccution of his duties in the Constitutional Court.
(۳) The president of the Slovak Republic will recall a judge of the
Constitutional Court if the Constitutional Court announces that the judge has
not been participating in Constitutional Court proceedings for over a year or
if the judge of the Constitutional Court was barred from practicing law by a
court verdict.
Article ۱۳۹
If a judge of the Constitutional Court surrenders the post of judge of the
Constitutional Court or if he is recalled from it٫ the president of the Slovak
Republic will appoint٫ out of two persons proposed by the National Council of
the Slovak Republic٫ another judge of the Constitutional Court for a new term
of office.
Article ۱۴۰
Details on the organization of the Constitutional Court٫ on the manner of
Constitutional Court proceedings٫ and on the status of its judges will be
specified by law.
Part ۲ Courts of the Slovak Republic
Article ۱۴۱
(۱) Justice in the Slovak Republic is administered by indepen-
dent and impartial courts.
(۲) Justice at all levels is administered independently of other state bodies.
Article ۱۴۲
(۱) Courts decide on civil law and criminal law matters and reexamine the
legitimacy of administrative bodies'' decisions.
(۲) Court decisions are made by tribunals of judges٫ unless the law specifies
that the matter is to be decided by a single judge. A law will specify in which
cases decisions by tribunals of judges are attended by associate judges from
the ranks of citizens.
(۳) Verdicts are proclaimed in the name of the Slovak Republic. They are always
proclaimed publicly.
Article ۱۴۳
(۱) The system of courts consists of the Supreme Court of the Slovak Republic
and other courts.
(۲) The detailed arrangement of the court system٫ the courts'' sphere of
competence and organization٫ and the manner of court proceedings will be set
out in a law.
Article ۱۴۴
(۱) Judges are independent in making decisions and bound solely by the law.
(۲) In cases specified by the Constitution or the law٫ judges are bound also by
international treaties.
(۳) If the court is of the opinion that another generally binding legal
regulation is at variance with the law٫ it will interrupt its deliberations and
propose that a proceeding before the Constitutional Court be initiated. The
finding of the Constitu-
tional Court of the Slovak Republic is binding for it٫ as well as for other
courts.
Article ۱۴۵
(۱) Judges are elected by the National Council of the Slovak Republic at the
recommendation of the Government of the Slovak Republic for four years. After
the expiry of this term٫ at the recommendation of the Government of the Slovak
Republic٫ the National Council of the Slovak Republic elects judges for an
unlimited period of time.
(۲) The chairman and deputy chairmen of the Supreme Court are elected by the
National Council of the Slovak Republic from the ranks of judges of the Supreme
Court for a period of five years٫ for a maximum of two consecutive terms.
Article ۱۴۶
A judge may surrender his post.
Article ۱۴۷
(۱) The National Council of the Slovak Republic will recall a judge
a) on the basis of a legally valid sentence passed for a
deliberate criminal offense٫
b) on the basis of a disciplinary court decision made on account of a deed that
is incompatible with the execcccccution of his post.
(۲) The National Council of the Slovak Republic may recall a judge
a) if his state of health does not allow him over the long term٫ for a period
of at least one year٫ to properly discharrrrrrge his duties as judge٫
b) if he has reached the age of ۶۵.
(۳) Prior to recalling a judge from his post٫ the National Council of the
Slovak Republic will ask the appropriate disciplinary court for its standpoint.
Article ۱۴۸
(۱) The status٫ rights٫ and duties of judges will be defined by law.
(۲) The manner of appointing associate judges will be defined by law.
Chapter VIII The Prosecutor''s Office of the Slovak Republic
Article ۱۴۹
The Prosecutor''s Office of the Slovak Republic protects rights and the
legally protected interests of natural and juridical persons and the state.
Article ۱۵۰
The Prosecutor''s Office is headed by the prosecutor general. The prosecutor
general is appointed and recalled by the president of the Slovak Republic at
the recommendation of the National Council of the Slovak Republic.
Article ۱۵۱
Details on appointing and recalling prosecutors and on their rights and duties٫
as well as on the organization of the Prosecutor''s Office٫ will be set out
in a law.
Chapter IX Transitional and Final Provisions
Article ۱۵۲
(۱) Constitutional laws٫ laws٫ and other generally binding legal regulations
remain in force in the Slovak Republic unless they conflict with this
Constitution. They can be amended and abolished by the relevant bodies of the
Slovak Republic.
(۲) Laws and other generally binding legal regulations issued in the CSFR
become invalid on the ۹۰th day after the publication of the ruling on their
invalidity by the Constitutional Court of the Slovak Republic. This ruling must
be published in a manner established for the promulgation of laws.
(۳) Decisions on the invalidity of legal regulations are made by the
Constitutional Court of the Slovak Republic at the proposal of persons listed
in Article ۱۳۰.
(۴) The interpretation and application of constitutional laws٫ laws٫ and other
generally binding legal regulations must be in harmony with this Constitution.
Article ۱۵۳
Rights and duties arising from international treaties by which the CSFR is
bound are being transferred to the Slovak Republic to an extent established by
a CSFR constitutional law or by an agreement between the Slovak Republic and
the Czech Republic.
Article ۱۵۴
(۱) The Slovak National Council elected according to Article ۱۰۳ of
Constitutional Law ۱۴۳/۱۹۶۸ on the Czechoslovak Federation in the wording of
subsequent amendments will٫ in line with this Constitution٫ execcccccute its
duties as the National Council of the Slovak Republic. The electoral term of
the National Council of the Slovak Republic is counted from the
day of elections to the Slovak National Council.
(۲) The Government of the Slovak Republic appointed according to Article ۱۲۲
(۱)(a) of Constitutional Law ۱۴۳/۱۹۶۸ on the Czechoslovak Federation in the
wording of subsequent amendments is regarded as a government appointed
according to this Constitution.
(۳) The chairman of the Supreme Court of the Slovak Republic and the prosecutor
general of the Slovak Republic٫ who have been appointed to their posts
according to previous legal regulations٫ retain their posts until an
appointment according to this Constitution is made.
(۴) Judges of Slovak Republic courts appointed to their posts according to
previous legal regulations are regarded as appointed to their posts according
to this Constitution٫ without any time limit.
Article ۱۵۵
The following are being abolished
(۱) Constitutional Law of the Slovak National Council ۵۰/۱۹۹۰ on the Name٫
State Emblem٫ National Flag٫ State Seal٫ and National Anthem of the Slovak
Republic.
(۲) Constitutional Law of the Slovak National Council ۷۹/۱۹۹۰ on the number of
Slovak National Council deputies; on the text of the oath of Slovak
National Council deputies٫ members of the Slovak Republic Government٫ and
national committee deputies; and on the Slovak National Council electoral
period.
(۳) Constitutional Law of the Slovak National Council ۷/۱۹۹۲ on the
Constitutional Court of the Slovak Republic.
Article ۱۵۶
This Constitution of the Slovak Republic comes into force on the day of its
promulgation٫ with the exception of Articles ۳ (۲)٫ ۲۳ (۴)٫ as regards the
deportation or extradition of a citizen to another state٫ Articles ۵۴٫ ۸۴ (۳)٫
as regards declaration of war on another state٫ Articles ۸۶ (k) and (l)٫ ۱۰۲
(g)٫ as regards the appointment of university professors and rectors and the
appointment and promotion of generals٫ and Articles ۱۰۲ (j) and (k)٫ and ۱۵۲
(۱)٫ second sentence٫ as regards constitutional laws٫ laws٫ and other generally
binding legal regulations issued by CSFR bodies٫ which will go into force
simultaneously with the appropriate changes in the constitutional arrangement
of the CSFR٫ in line with this Constitution.