Slovakia 1992 Constitution (reviewed 2017)

CHAPTER SEVEN. Judicial Power

Part One. The Constitutional Court of the Slovak Republic

Article 124

The Constitutional Court of the Slovak Republic is an independent judicial body charged with the protection of constitutionality.

Article 125

1. The Constitutional Court decides on the compatibility of
   1. laws with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law,
   2. Government ordinances, generally binding legal regulations issued by ministries and other central bodies of the state administration with the Constitution, constitutional laws, international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law; and with laws,
   3. generally binding ordinances pursuant to Article 68 with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated as required by law, unless other court is making decision on them,
   4. generally binding legal regulations issued by local state administration bodies and generally binding ordinances issued by local self administration bodies issued pursuant to Article 71, paragraph 2 with the Constitution, constitutional laws and international treaties to which a consent was given by the National Council of the Slovak Republic and which were ratified and promulgated in a manner laid down by law, unless other court is making decision on them,
2. If the Constitutional Court accepts a petition for a proceeding pursuant to paragraph 1, it may suspend the effectiveness of the challenged legal regulations, their parts or some of their provisions, if their further application could jeopardize the basic rights and freedoms, if there is a threat of a substantial economic damage or other serious irreparable consequence.
3. If the Constitutional Court states by its decision that there is inconsistency between the legal regulations referred to in paragraph 1, the effect of the respective regulations, their parts or their provisions shall terminate. The bodies that issued these legal regulations are obliged to ensure within six months from promulgation of the decision of the Constitutional Court their compliance with the Constitution, constitutional laws and international treaties promulgated in a manner laid down by law and with respect to the regulations referred to in paragraph 1, letters b) and c) also with other laws, with respect to the regulations referred to in paragraph 1, letter d) with Government ordinances and with generally binding legal regulations issued by ministries and other central bodies of the state administration. If they fail to do so, the validity of such regulations, their parts or provisions shall terminate six months from promulgation of the decision.
4. The Constitutional Court does not decide on compliance of a draft law, or a draft of other generally binding legal regulation, with the Constitution, an international treaty promulgated in a manner laid down by law, or with a constitutional law.
5. The validity of a decision suspending the effect of the challenged legal regulations, their parts or some of their provisions terminates by the promulgation of a decision of the Constitutional Court on the merits, unless the Constitutional Court has canceled the decision suspending the effect of the challenged legal regulation before, because the reasons for which it was adopted vanished.
6. A decision of the Constitutional Court issued pursuant to paragraphs 1, 2 and 5 shall be promulgated in a way established for promulgation of laws. A final decision of the Constitutional Court is generally binding

Article 125a

1. The Constitutional Court decides on compliance of the concluded international treaties for which consent of the National Council of the Slovak Republic is required with the Constitution or a constitutional law.
2. The petition for a decision pursuant to paragraph 1 may be filed with the Constitutional Court by the President of the Slovak Republic or the Government before submitting of the concluded international treaty for a deliberation to the National Council of the Slovak Republic.
3. The Constitutional Court decides on the petition pursuant to paragraph 2 within the period laid down by law; if the Constitutional Court by its decision expresses that the international treaty is not in compliance with the Constitution or a constitutional law, such international treaty may not be ratified.

Article 125b

1. The Constitutional Court decides whether the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the National Council of the Slovak Republic pursuant to Article 95, paragraph 1, is in compliance with the Constitution or a constitutional law.
2. The petition for a decision pursuant to paragraph 1 may be filed with the Constitutional Court by the President of the Slovak Republic before calling of a referendum, when he has doubts if the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the National Council of the Slovak Republic pursuant to Article 95, paragraph 1, is in compliance with the Constitution or a constitutional act.
3. The Constitutional Court decides on the petition pursuant to paragraph 2 within 60 days from the day of its delivery; if the Constitutional Court by its decision state that the subject of the referendum to be called on the basis of a citizens’ petition, or a resolution of the National Council of the Slovak Republic pursuant to Article 95, paragraph 1, is not in compliance with the Constitution or a constitutional act, the referendum may not be called.

Article 126

1. 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.
2. The Constitutional Court decides on disputable cases regarding the control power of the Supreme Audit Office.

Article 127

1. The Constitutional Court decides on complaints by natural persons or legal persons objecting to violation of their basic rights and freedoms, or the basic rights and freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in a manner laid down by law, unless other court makes decision on the protection of such rights and freedoms.
2. If the Constitutional Court satisfies the complaint, it will state in its decision that a [disputed] final decision, measure, or other act violated the rights or freedoms pursuant to paragraph 1 and it will annul such decision, measure, or other act. If the violation of rights or freedoms pursuant to paragraph 1 has arisen due to inactivity, the Constitutional Court may order to the person that violated these rights or freedoms to act in that matter. The Constitutional Court may at the same time return the case for further proceeding, prohibit further violation of basic rights and freedoms or human rights and fundamental freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in a manner laid down by law or, if possible, order the person that violated the rights or freedoms pursuant to paragraph 1 to restore the state before the violation.
3. The Constitutional Court may, by its decision on satisfaction of the complaint, award an appropriate financial compensation to the person whose rights pursuant to paragraph 1 were violated.
4. Liability of the person that violated the rights or freedoms pursuant to paragraph 1, for damage or other harm, is not affected by the decision of the Constitutional Court.

Article 127a

1. The Constitutional Court decides on the complaints filed by the bodies of the territorial selfadministration against an unconstitutional or unlawful decision or other unconstitutional or unlawful intervention in the matters of the territorial self-administration, unless another court is making a decision on its protection.
2. If the Constitutional Court satisfies a complaint of the body of the territorial self-administration, it will state the reasons why the decision, or intervention in the matters of the territorial self-administration, is unconstitutional, or unlawful, which constitutional law or which law was violated and what decision, or act, caused such violation. The Constitutional Court will cancel the challenged decision, or if violation of law was constituted by another act than a decision, it will prohibit further violation of the right and it orders, if possible, that the state before the violation is restored.

Article 128

The Constitutional Court provides an interpretation of the Constitution or constitutional laws in disputed matters. The decision of the Constitutional Court on interpretation of the Constitution of a constitutional law is promulgated in a manner established for promulgation of laws. The interpretation is generally binding as of the day of its promulgation.

Article 129

1. The Constitutional Court decides on complaints filed against the decision to verify or not to verify the mandate of a Member of Parliament.
2. The Constitutional Court decides on the constitutionality and legitimacy of elections to the National Council of the Slovak Republic and territorial self-administration bodies and election in the European parliament.
3. The Constitutional Court decides on complaints filed against the results on the public voting on recalling of the President of the Slovak Republic.
4. The Constitutional Court decides whether the decision to disband or suspend the activity of a political party or a political movement was in compliance with constitutional and other laws.
5. The Constitutional Court decides on high treason charges, or charges of deliberate violation of the Constitution, filed by the National Council of the Slovak Republic against the President of the Slovak Republic.
6. The Constitutional Court decides whether a decision on declaration of the martial law, or the state of emergency, and relating decisions were issued in compliance with the Constitution or constitutional laws.
7. The Constitutional Court decides on complaint against resolution of the Judicial Council of the Slovak Republic pursuant to Article 154d.2.
8. Decisions of the Constitutional Court pursuant to the paragraphs hereinabove are binding for all bodies of the public authority, natural persons or legal persons to whom it concerns. The respective body of the public authority is obliged to ensure their execution without undue delay. Details shall be laid down by law.

Article 129a

The Constitutional Court shall decide on the conformity of resolutions adopted by the National Council of the Slovak Republic which annul an amnesty or a pardon adopted pursuant to Article 86 subpar. i) with the Constitution of the Slovak Republic. The Constitutional Court shall commence proceedings in cases referred to in the first sentence upon its own motion; Article 125 shall apply mutatis mutandis.

Article 130

1. The Constitutional Court initiates proceedings on the basis of a proposal by
   1. at least one-fifth of Members of Parliament,
   2. the President of the Slovak Republic,
   3. the Government of the Slovak Republic,
   4. the court,
   5. the general prosecutor,
   6. the Chair of the Judicial Council in cases of conformity of legal regulations pursuant to Article 125.1, if these regulations relate to the judiciary.
   7. public defender of right in cases of compliance of legal regulations pursuant to Article 125, paragraph 1, if their further application could jeopardize the basic rights and freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in a manner laid down by law.
   8. the Supreme Audit Office of the Slovak Republic in case stipulated in Article 126, paragraph 2,
   9. in cases listed under Article 127 and 127a, anyone whose rights are to become the subject of inquiry,
   10. anyone objecting to the control power of the Supreme Audit Office of the Slovak Republic in case laid down in Article 126, paragraph 2.
2. A law will lay down who is entitled to submit a proposal to initiate proceedings according to Article 129.

Article 131

1. The Constitutional Court shall decide in plenary session on matters listed in Art. 105 par. 2, Art. 107, Art. 125 par. 1 subpar. a) and b), Art. 125a par. 1, Art. 125b par. 1, Art. 128, Art. 129 par. 2 to 7, Art. 129a, Art. 136 par. 2 and 3, Art. 138 par. 2 subpar. b) and c), on unification of legal opinions of panels of judges, on regulations of its internal relations and on the draft budget of the Constitutional Court. The Plenary Session of the Constitutional Court shall decide by absolute majority of all judges. If this majority is not reached, proceedings shall be stayed.
2. The Constitutional Court decides on the remaining matters in panels of three judges. The panels decides by a more than one-half of its members.

Article 132

Repealed.

Article 133

There shall be no appeal against a decision of the Constitutional Court; this however does not apply if due to a decision by a body of an international organization set up to ensure the observance of international agreements binding for the Slovak Republic, the Slovak Republic has the obligation in proceedings before the Constitutional Court to reopen a final decision of the Constitutional Court.

Article 134

1. The Constitutional Court consists of 13 judges.
2. Constitutional Court judges are appointed by the President of the Slovak Republic for a period of twelve years upon a proposal by the National Council of the Slovak Republic. The National Council of the Slovak Republic proposes twice the number of candidates for judges that the President of the Slovak Republic is to appoint.
3. Any citizen of the Slovak Republic who may be elected to the National Council of the Slovak Republic, has reached the age of 40, is a law school graduate and has been practicing law for at least 15 years may be appointed judge of the Constitutional Court. The same person may not be repeatedly appointed judge of the Constitutional Court.
4. 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 state governed by the rule of law, abide by the Constitution, constitutional laws and international treaties that the Slovak Republic ratified and were promulgated in a manner laid down by law, and decide independently and impartially, according to my best conscience.”
5. A judge of the Constitutional Court takes up office upon taking his oath.

Article 135

The Constitutional Court is headed by its President, who is substituted for by the Vice-President. The President and Vice-President are appointed by the President of the Slovak Republic from among judges of the Constitutional Court.

Article 136

1. No judge of the Constitutional Court shall be criminally prosecuted for his/her decision-making, not even after expiration of his/her office.
2. Should a judge of the Constitutional Court be apprehended while committing a criminal offence and then arrested, the authority concerned shall be obliged to notify the President if the Constitutional Court immediately, and should it be the President of the Constitutional Court him/herself, then the vice-president of the Constitutional Court must be notified. No judge of the Constitutional Court shall be remanded without the consent of the Constitutional Court.
3. The Constitutional Court may consent to the remanding into custody of any judge or the Prosecutor General. The Constitutional Court convenes disciplinary proceedings against the Chief Justice of the Slovak Republic, deputy-Chief Justice of the Slovak Republic or the Prosecutor General.

Article 137

1. 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.
2. Judges of the Constitutional Court execute their post as their profession. The execution of this post is incompatible with a post in any other public authority body, a post, or contract of employment in another state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity.
3. On the day a judge takes up the office, his mandate as a Member of Parliament and his membership in the Government of the Slovak Republic expire.

Article 138

1. A judge of the Constitutional Court may surrender his post of judge by a written notice to the President of the Constitutional Court. His post terminates at the end of the calendar month when the written notice on surrendering the post was delivered.
2. The President of the Slovak Republic recalls a judge of the Constitutional Court
   1. on the basis of the effective court decision by which he was sentenced for a deliberate criminal act, or by which he was sentenced for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence,
   2. on the basis of a disciplinary decision by the Constitutional Court passed because of a deed that is incompatible with the execution of the post of a judge of the Constitutional Court,
   3. if the Constitutional Court declares that the judge has not been participating in Constitutional Court proceedings for over a year, or
   4. if he ceases to be eligible to be elected to the National Council of the Slovak Republic.

Article 139

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 140

Details on the organization of the Constitutional Court, on the manner of Constitutional Court proceedings and on the status of its judges shall be laid down by law.

Part Two. Courts of the Slovak Republic

Article 141

1. Justice in the Slovak Republic is administered by independent and impartial courts.
2. Justice at all levels is administered independently of other state bodies.

Article 141a. The Judicial Council of the Slovak Republic

1. The Chair of the Judicial Council is elected from the members of the Judicial and is recalled by the Judicial Council. Its members are
   1. nine judges, who are elected and recalled by the judges of the Slovak Republic,
   2. three members who are elected and recalled by the National Council of the Slovak Republic,
   3. three members who are appointed and recalled by the President of the Slovak Republic,
   4. three members who are appointed and recalled by the Government of the Slovak Republic
2. In order to become the Chair or a member of the Judicial Council of the Slovak Republic according to sections 1 b) to 1 d) above, a candidate shall be of impeccable character with a university qualification in law and at least 15 years of professional practice.
3. Performance of the office of the Chair of the Judicial Council of the Slovak Republic is incompatible with holding a position in any other body of public authority; with state service employment; with gainful employment based on contract or otherwise; with entrepreneurial activity; with membership in the executive or supervisory boards of a legal entity engaged in entrepreneurial activity; or with any other economic or gainful activity other than administration of personal property and research, pedagogical, literary or artistic activity.
4. The term of office of members of the Judicial Council of the Slovak Republic shall be five years. The same person may be elected or appointed as the Chair or as a member of the Judicial Council for a maximum of two consecutive terms.
5. The competences of the Judicial Council include:
   1. ensuring fulfilment of the responsibilities of public supervision of the judicial system,
   2. adopting a standpoint on whether a candidate for appointment as a judge fulfils the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge,
   3. submitting proposals to the President of the Slovak Republic concerning candidates for appointment as judges, and proposals for recall of judges,
   4. deciding on the assignment or transfer of judges,
   5. submitting proposals to the President of the Slovak Republic for appointment of the President and the Vice President of the Supreme Court of the Slovak Republic, and proposals for their recall,
   6. submitting proposals to the Government of the Slovak Republic concerning candidates for judges who should act for the Slovak Republic in international judicial bodies,
   7. electing and recalling members and chairs of disciplinary senates,
   8. commenting on the draft budget of the courts of the Slovak Republic during preparation of the draft of the state budget, and submitting a standpoint to the National Council of the Slovak Republic regarding the draft budget of the courts,
   9. monitoring whether a judge fulfils the criteria for judicial capacity which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office,
   10. publishing the principles of judicial ethics in cooperation with the bodies of self-administration of the judiciary,
   11. other competences if laid down by law.
6. The adoption of a resolution of the Judicial Council of the Slovak Republic requires the consent of an absolute majority of all its members.
7. The activity of the Judicial Council of the Slovak Republic is organized and managed by the Chair.
8. The Chair of the Judicial Council of the Slovak Republic may submit a motion for commencement of proceedings before the Constitutional Court of the Slovak Republic concerning compliance of legal regulations regarding the performance of the judiciary according to Art. 125.1.
9. The Judicial Council of the Slovak Republic adopts standpoints according to sec. 5 b) on the basis of documents from the state authority vested with the task of protecting classified materials, and of statements from candidates for appointment to the position of judge; details shall be laid down by law.
10. Loss of criteria for judicial capacity, which provide a guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be decided on by a disciplinary senate; the provisions of Art. 154d.1 to 154d.3 remains unaffected.
11. Details of the election and recall of the Chair of the Judicial Council of the Slovak Republic, the manner of establishing members of the Judicial Council of the Slovak Republic, its scope of powers, deputising for the Chair of the Judicial Council of the Slovak Republic, its organisation and its relations with bodies of administration and self-administration of the judiciary, as well as of the method of scrutinising whether a judge fulfils the criteria for judicial capacity which guarantee that the judge will properly perform his/her office throughout the duration of that office, shall be laid down by law.

Article 142

1. Courts decide on civil law and criminal law matters; examine the lawfulness of public administration bodies’ decisions and lawfulness of decisions, measures, or other acts of the public authority bodies, if so laid down by law.
2. Court decisions are made by panels of judges, unless the law specifies that the matter is to be decided by a single judge. A law shall lay down in which cases decisions by panels of judges are attended by accessory judges from the ranks of citizens and which matters may be decided also by a court’s employee authorized by a judge. A legal recourse against a decision made by the court’s employee authorized by the judge is admissible, which is always decided by a judge.
3. Verdicts are proclaimed in the name of the Slovak Republic. They are always proclaimed publicly.

Article 143

1. The system of courts consists of the Supreme Court of the Slovak Republic and other courts.
2. The detailed arrangement of the court system, the courts’ powers and organization, and the manner of court proceedings shall be laid down by law.
3. The bodies of the judicial self-administration also participate in the management and administration of courts in the extent laid down by law.

Article 144

1. Judges are independent in execution of their function and bound solely by the Constitution, constitutional laws, international treaties stipulated in Article 7, paragraphs 2 and 5 and laws.
2. If the court is of the opinion that another generally binding legal regulation, its part or a particular provision related to the subject-matter of the proceeding contravenes the Constitution, constitutional laws, international treaties stipulated in Article 7, paragraphs 2 and 5 or laws, it will interrupt its deliberations and submit a motion that a proceeding under Article 125, paragraph 1 is initiated. The finding of the Constitutional Court of the Slovak Republic is binding for all courts.

Article 145

1. Judges are appointed and recalled by the President of the Slovak Republic at the proposal of the Judicial Council of the Slovak Republic for an unlimited period of time.
2. A citizen of the Slovak Republic who is eligible for election to the National Council of the Slovak Republic, has attained the age of 30 years, has a university education in law and fulfils the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of judge may be appointed a judge. A law shall lay down other conditions for appointment a judge and his or her promotion and also on the scope of immunity of judges.
3. The Chief Justice and Deputy Chief Justice of the Supreme Court of the Slovak Republic are appointed by the President of the Slovak Republic from the ranks of judges of the Supreme Court of the Slovak Republic for a period of five years upon a proposal of the Judicial Council of the Slovak Republic.The same person may be appointed the Chief Justice of the Supreme Court of the Slovak Republic and the Deputy Chief Justice of the Supreme Court of the Slovak Republic for a maximum of two consecutive terms. The President of the Slovak Republic may recall the Chief Justice of the Supreme Court of the Slovak Republic, or the Deputy Chief Justice of the Supreme Court of the Slovak Republic for reasons stipulated in Article 147.
4. A judge is sworn in by the President of the Slovak Republic as follows: “I promise on my honor and conscience that I will abide by the Constitution, constitutional laws and international treaties that the Slovak Republic ratified and were promulgated as required by law, and laws, I will interpret laws and decide independently and impartially, according to my best conscience.”.
5. A judge shall take up the office upon taking the oath.

Article 145a

1. If the appointed judge is a member of a political party or a political movement, he is obliged to give up the membership in them before taking the oath.
2. A judge shall perform the post as a profession. The discharge of a function of a judge is incompatible with a post in any other public authority body including the Chair of the Judicial Council of the Slovak Republic, with a state service relationship, with an employment, or with a similar labour relation, with an entrepreneurial activity, with a membership in the governing or control body of a legal person, which performs an entrepreneurial activity, or with other economic or gainful activity, other than the administration of his or her own property, scientific, pedagogical, literary or artistic activity, and with membership in the Judiciary Council of the Slovak Republic.

Article 146

A judge may surrender his post by a written notice to the President of the Slovak Republic. His post terminates at the end of the calendar month when the written notice on surrendering the post was delivered.

Article 147

1. The President of the Slovak Republic will recall a judge upon the motion of the Judicial Council of the Slovak Republic on the basis of a legally effective sentence passed for a deliberate criminal offense, or if he was sentenced by a legally effective sentence for a criminal act and the court did not rule in his case on a conditional suspended execution of the prison sentence, on the basis of a decision of disciplinary tribunal of judges for a deed that is incompatible with the execution of the post of a judge, or if his eligibility to be elected in the National Council of the Slovak Republic ceased. The President of the Slovak Republic, on the proposal of the Judicial Council of the Slovak Republic, recalls a judge, who does not fulfil the criteria for judicial capacity which provide a guarantee that s/he will properly perform the office of according to the final resolution of the Judicial Council of the Slovak Republic based on Article 154d.1, or the final decision of the Constitutional Court by which a complaint based on Article 154.2 has been rejected.
2. The President of the Slovak Republic may recall a judge upon the motion of the Judicial Council,
   1. if his state of health does not allow him over the long term, for a period of at least one year, to properly discharge his duties as judge,
   2. if he has reached the age of 65.

Article 148

1. A judge may be transferred to another court only with his consent or on the basis of a decision of a disciplinary senate.
2. Temporary suspension of the judge must not interfere into, with the independence of the judiciary. The reasons for suspension of discharge of a judicial office, and conditions for temporary suspension of the post of a judge or the temporary assignment of a judge shall be laid down by a law.
3. The method of constituting accessory judges shall be laid down by law.
4. A judge and a lay-judge may not be criminally prosecuted even after end of their office.
5. A judge may submit a complaint against the decision on commencing the criminal prosecution against him/her and the prosecutor general decides on this complaint.