Slovakia: Act No. 38/1993 on the Organizational Structure of the Constitutional Court of the Slovak Republic and on the Proceedings brought to the Court and on the Position of Its Judges

Date of entry into force: 1993

The Slovak Parliament passed the following Act:

PART ONE ORGANIZATIONAL STRUCTURE OF THE CONSTITUTIONAL COURT

§ 1

(1) The Constitutional Court of the Slovak Republic (hereinafter referred as "the Constitutional Court") is an independent judicial authority for the protection of the Constitution.

(2) The Office of the Constitutional Court is located in Kosice.

§ 2

(1) The Constitutional Court is composed of 10 judges.

(2) A Chief Justice is at the head of the Constitutional Court, a Vice-Chief Justice acts for the Chief Justice.

(3) The Constitutional Court makes decisions within plenary sessions of the General Assembly or within sessions of the Tribunal.

(4) The General Assembly is composed of all judges of the Constitutional Court (hereinafter referred as "the Judges").

(5) The Tribunal of the Constitutional Court is composed of the Chief Justice and two Judges.

The General Assembly of the Constitutional Court

§ 3

At the plenary sessions of the General Assembly, the Constitutional Court makes decisions on matters introduced in Art. 107, 125 Let. a) and b), Art. 129 Par. 2 and 4, Art. 136 Par. 2, Art. 138 Par. 2 and 3 of the Constitution of the Slovak Republic (hereinafter referred as "the Constitution") and on the arrangement of its own internal conditions.

§ 4

(1) The plenary session of the General Assembly of the Constitutional Court is called, the program is set and the session is conducted by the Chief Justice.

(2) The Constitutional Court is qualified to act within a plenary session and pass resolutions if at least seven Judges are present at the session and at the decision -making procedure.

(3) Resolutions of the General Assembly of the Constitutional Court are passed if they were supported by votes of the absolute majority (more than a half) of all Judges. If such absolute majority is not reached, the proposal (petition) is rejected.

(4) The plenary session of the General Assembly of the Constitutional Court is not opened, if it is not set otherwise in this Act. Some invited staff of the Office of the Constitutional Court and other persons, whose presence is for the legal actions necessary, are allowed to take part in the plenary sessions.

(5) The General Assembly of the Constitutional Court can decide that at its plenary sessions or at some parts of them also other persons can be present.

(6) The Chief Justice of the Constitutional Court can charge one of the Judges (hereinafter referred as "the Reporter") with preparation of working papers needed for decision-making of the General Assembly of the Constitutional Court and to report about them at the plenary session.

(7) The Chief Justice of the Constitutional Court leads plenary sessions of the General Assembly of the Constitutional Court in the way that all points of difference are discussed and that every Judge will be able to take a decision in line with his own judicial conviction.

The Tribunal of the Constitutional Court

§ 5

(1) Decisions on matters, which do not belong among matters which are under responsibility of the General Assembly of the Constitutional Court, are taken by the Tribunal.

(2) Issues concerning the participation in the sessions of the Tribunal and the delegation of a Reporter for preparation of working papers are reasonably governed by § 4, Points 4 to 6.

(3) Permanent members of the Tribunal are appointed by the General Assembly of the Constitutional Court for a period of one year. The Chief Justice and the Vice-Chief Justice of the Constitutional Court are not allowed to become the permanent members of the Tribunal.

(4) The permanent members of the Tribunal elect the Chairman of the Tribunal. If the Chairman is absent, the oldest permanent member of the Tribunal acts for him at the session.

(5) If a member of the Tribunal is absent, he will be temporary represented by another judge who will be appointed by the Chief Justice of the Constitutional Court. The same principles are followed in the case if a member of the Tribunal is excluded from the performance of his judge's function.

§ 6

If the Tribunal in connection with its decision-making activity will come to a judicial opinion different from the judicial opinion of another Tribunal of the Constitutional Court announced according to Art. 128, Par. 1 of the Constitution, the matter will be submitted for judgment of the General Assembly of the Constitutional Court. The standpoint of the General Assembly on the matter is afterwards binding for the Tribunal.

The Presiding Judge of the Constitutional Court

§ 7

The Chief Justice and Vice-Chief Justice of the Constitutional Court are appointed by the President of the Slovak Republic from the Judges of the Constitutional Court.

§ 8

(1) The Chief Justice of the Constitutional Court administers that Court, especially ensures the proper performance of its activity from personnel, organizational, economic and financial points of view.

(2) The Chief Justice of the Constitutional Court is supplied (represented) to the specific extent and during his absence in the full extent by the Vice-Chief Justice of the Constitutional Court. If the Vice-Chief Justice is not present as well, they both are supplied (represented) by the oldest judge of the Constitutional Court.

The Office of the Constitutional Court

§ 9

(1) The tasks related to the organizational, administrative and technical arrangements of the activity of the Constitutional Court are carried out by the Office of the Constitutional Court (hereinafter referred as "the Office").

(2) The head of the Office is appointed and called off by the Chief Justice of the Constitutional Court.

(3) The head of the Office performs, towards the staff of the Constitutional Court except of its Judges, a function of the head of the bureau.

(4) Details on organizational structure and activity of the Office and on positions of its staff are set by the organizational rules of the Office, which are approved by the Chief Justice of the Constitutional Court.

§ 10 Judicial Advisers

(1) At the Constitutional Court some judicial advisers of the Constitutional Court perform their activities (hereinafter referred as "the Judicial Advisers"). They are to be learned in the law and are requested to have the 10-year practice in the law.

(2) The Chief Justice of the Constitutional Court, the Chairman of the Tribunal and any of the Judges can charge a judicial adviser with performance of individual acts which in another case are under the responsibility of a judge, especially with hearing of witnesses, experts and obtaining documents necessary for the decision-making. The judicial adviser is not allowed to hear either participants in any proceedings or their representatives.

PART TWO ASSIGNMENT OF JUDGES TO POSTS AT THE CONSTITUTIONAL COURT AND CESSATION OF THEIR FUNCTIONS

§ 11 Assignment of judges

(1) Proposals for the elections of candidates for positions of Judges can be submitted at the Slovak Parliament by:

a) the members of the Slovak Parliament,

b) the Slovak Government,

c) the Chief Justice of the Constitutional Court of the Slovak Republic,

d) the Chief Justice of the Supreme Court of the Slovak Republic,

e) the Attorney General of the Slovak Republic,

f) interest groups of lawyers,

g) scientific institutions.

(2) The proposal containing list of 20 candidates for positions of Judges is submitted by the Slovak Parliament to the President of the Slovak Republic at least three months before the end of the term of office of the Judges who were appointed earlier. The President of the Slovak Republic will appoint, within one month since the delivery of the list of candidates, 10 Judges and among them one Chief Justice and one Vice-Chief Justice of the Constitutional Court for a period of seven years.

(3) A national of the Slovak Republic, who can be elected to the Slovak Parliament, reached the age of 40 years, is learned in the Law and has 15-year practice in the law can be proposed and appointed as a judge of the Constitutional Court.

(4) The judge makes a promise to the President of the Slovak Republic prescribed by the Constitution. By making the promise the judge begins to perform his function.

(5) The employment relationship of the judge starts on the day of making the promise. Concerning to the employment relations related with the function of the judge, the provisions of the Labour Code are reasonably used if it is not set otherwise by this Act. The employment relationship of any judge with the organization of his former employment is preserved.

Cessation of the function of a judge

§ 12

(1) The function of a judge ceases to exist after the lapse of the period for which he was appointed.

(2) The judge can be surrender/resign the function of the judge. His resignation is to be notified in writing form to the Chief Justice of the Constitutional Court. The function of the judge cease to exist two calendar months after the delivery of the written notice of resignation to the Chief Justice of the Constitutional Court, if it was not agreed by them otherwise.

(3) If a judge becomes a member of the Parliament or the Government, his function of the judge ceases to exist on the day of making his promise as a member of the Parliament or the Government.

(4) The employment relationship of the judge finishes on the day of the cessation of his function.

§ 13

(1) The President of the Slovak Republic is entitled to recall a judge on the basis of a final sentence for an intentional criminal offense or on the basis of a disciplinary decision of the Constitutional Court for an act which is in contrary with the performance of his function of the judge of the Constitutional Court.

(2) The President of the Slovak Republic recalls the judge if the Chief Justice of the Constitutional Court will notify that the judge does not take part in proceedings of the Constitutional Court within a period longer than one year or if the judge's qualification for juridical acts was deprived by a final judicial decree.

(3) If a judge performs some activity which is in contrary with the performance of his function of the judge, the Chief Justice of the Constitutional Court calls on the judge for resignation from his function within ten days from the delivery of the call.

(4) If a proposal to recall a judge from his function was submitted or if legal steps against a judge are taken, he can be temporary deprived of the performance of his function of the judge until a decision concerning the proposal to recall him from his function will be made or until the end of the criminal proceedings.

(5) The decision on deprivation the judge of the performance of his function is made by the Chief Justice of the Constitutional Court. The decisions on deprivation the Chief Justice and the Vice-Chief Justice of the Constitutional Court of the performance of their functions are made by the President of the Slovak Republic after obtaining, upon request, the standpoint of the General Assembly of the Constitutional Court.

Positions of judges of the Constitutional Court

§ 14

(1) The Judges act independently within the decision-making procedures and are bound by the Constitution and constitutional laws.

(2) At the decision-making of the Constitutional Court on compliance of:

a) governmental orders, generally binding legal regulations of ministries and others central authorities of the state administration with the Constitution, constitutional laws and laws,

b) generally binding orders of the territorial self-government with the Constitution and laws,

c) generally binding legal regulations of local authorities of the state administration with the Constitution, laws and other generally binding legal regulations,

d) generally binding legal regulations with international contracts/agreements/treaties proclaimed in the way which is set up for declaration of laws.

(3) It is not allowed either to prosecute a judge or to put him in custody without a consent of the Constitutional Court. If the Constitutional Court will reject to issue the consent, the criminal prosecution is excluded forever.

(4) If a judge was caught and retained in relation with a criminal act, the competent body is obliged to report it immediately to the Constitutional Court. If the Constitutional Court will not issue the consent, the judge is to be immediately set at liberty.

(5) It is not allowed to prosecute a judge according to the special regulations for acts, which shows signs of a delict or a similar unlawful act.

§ 15

(1) The Judges are obliged to perform their functions conscientiously and at the performance of their functions and in their civil life to abstain from such acts which could impair the respect of the Constitutional Court, the respect of the judge and the confidence in the Constitutional Court.

(2) The Judges are obliged to keep secrecy concerning official matters, and to do so even after the cessation of their functions as Judges. The judge's obligation to keep secrecy can be deprived by the Chief Justice of the Constitutional Court. This obligation related to the Chief Justice of the Constitutional Court can be deprived by the President of the Slovak Republic.

(3) The provision set under Point 2 relates also to the employees/staff of the Constitutional Court.

§ 16 Disciplinary responsibilities of judges

(1) The Chief Justice of the Constitutional Court is entitled to submit to the General Assembly of the Constitutional Court a proposal for opening disciplinary proceedings, if a judge is guilty for breaking his official duties or if he, by his behavior, damaged slightly respectability of the judge's function or endangered confidence in the Constitutional Court or in spite of an appeal he goes on in undertaking activities inconsistent with his function of the judge.

(2) The General Assembly of the Constitutional Court will give the judge, against whom the proposal was oriented, a hearing. The proposal will be rejected if it is found that it was not well-founded. If the proposal is well-founded, the General Assembly will elect a three-member disciplinary tribunal.

(3) Since the day of appointment of the disciplinary tribunal until the end of the proceeding, the General Assembly is entitled to suspend him of the performance of the judge's function.

(4) For acts mentioned under Point 1 a warning can be imposed as a disciplinary measure. If the disciplinary tribunal comes to the conclusion that the judge did not act as mentioned under Point 1, the disciplinary proceedings will be terminated.

(5) A judge or the Chief Justice of the Constitutional Court is entitled to submit objections against the decision of the disciplinary tribunal within 15 days after the delivery of the decision. The objections will be assessed by the General Assembly of the Constitutional Court.

(6) If a judge committed such an act that the performance of his function of the judge would be in contradiction with the mission of the Constitutional Court and with position of its Judges, the General Assembly of the Constitutional Court is entitled to submit a proposal on the basis of which the judge would be recalled by the President of the Slovak Republic. For adopting a resolution concerning such a proposal the agreement of at least seven Judges of the Constitutional Court is required.

(7) The procedure within the disciplinary proceedings is reasonably governed by, if it is not set otherwise by this Act, § 10 to 17 and § 20 and 21 of Act No. 412/1991 of the Coll. on disciplinary responsibilities of judges. Next details on disciplinary proceedings are governed by the administrative and proceedings rules of the Constitutional Court.

§ 17

Monthly salary, expense allowances and other benefits of the Judges are set up by a special law of the Slovak Parliament.

PART THREE PROCEEDINGS BROUGHT TO THE CONSTITUTIONAL COURT

CHAPTER ONE GENERAL PROVISIONS

§ 18

(1) The Constitutional Court will open proceedings if the proposal was submitted by:

a) at least one fifth of the members of the Slovak Parliament,

b) the President of the Slovak Republic,

c) the Slovak Government,

d) any Court,

e) the Attorney General of the Slovak Republic,

f) any person about whose right the proceedings are to be undertaken in cases set in Art. 127 of the Constitution of the Slovak Republic.

(2) The Constitutional Court can open proceedings even at suggestion of legal entities or natural persons, if they object to breaking their rights.

(3) The proceedings will start

a) on the day of the delivery of the proposal to the Constitutional Court,

b) by accepting the proposal (suggestion) at the preliminary trial.

§ 19

Under the Court according to § 18, Point 1, Let. d) a competent tribunal or a self-judge[1]1) is understood.

§ 20

(1) The proposal for taking legal proceedings is to be submitted to the Constitutional Court in writing. The proposal shall contain the matter which is to be settled, the petitioner who submits the proposal, the claim (demanded decision) what he thinks is his right, grounds of the proposal and proposed evidence. The proposal must be signed by the petitioner(s) or his (their) deputies.

(2) The provision of Point 1 is valid also for submitting a suggestion.

§ 21

(1) Parties to an action are the petitioner and persons set by this Act.

(2) Secondary parties to an action are persons whose status is admitted by this Act, if they do not resign the status. Within the proceedings they have the same rights and duties as the parties to an action, however, they perform their role on their own (they do not represent anybody except themselves).

(3) The state authorities as parties or secondary parties to an action during discussions (dealings) are represented by representatives appointed by them. If the person is not a representative of a lawmaking authority, it is requested that he has to be learned in the law.

(4) If one party to an action is a court, which submitted the proposal in connection with its decision-making activity [§ 18, Point 1, Let. d)], the senate is represented by its presiding judge.

§ 22

Parties or secondary parties to an action, if they are legal entities or natural persons, must be represented in the proceedings brought to the Constitutional Court, by an attorney or a commercial lawyer. In the letter of authorization it is to be explicitly mentioned that the power was given for representation in the proceedings before the Constitutional Court.

§ 23

Natural persons are allowed to use their mother tongue at discussions on an action or at other personal debates. The Constitutional Court bears the expenses for interpretation.

Physical persons

§ 24

(1) The proposal is not admissible if it relates to a matter on which the Constitutional Court came to a decision earlier.

(2) The proposal is not admissible also in a case if the Constitutional Court undertakes proceedings on the matter; if the proposal was submitted by an authorized petitioner, he has the right to take part in the proceedings opened on the basis of the earlier submitted proposal as a secondary party to the proceedings (an action).

(3) If there are any doubts about the lawfulness of the claim to take part as a secondary party to the action, the decision on the matter will be taken by the Constitutional Court.

§ 25

(1) The Constitutional Court will discuss preliminarily every proposal at a closed session without the presence of the petitioners.

(2) Proposals which concern matters which are not under responsibility of the Constitutional Court (the Constitutional Court is not a competent body for their settlement), proposals which do not contain all entries required by law, inadmissible proposals or proposals submitted by a person who is apparently unqualified, can be rejected by the Constitutional Court at the preliminary session in the form of a resolution (an order of the court) without hearing (discussions on proceedings). If the Constitutional Court gave the petitioner a warning on failings of the proposal, it is not needed to provide grounds of the order of the court.

(3) If the proposal was not rejected, it was accepted for the further proceedings.

§ 26

The Constitutional Court is not obliged to keep order of proposals in which they were delivered, if the Court takes the matter of one of the proposals as urgent.

§ 27

(1) A judge is excluded from the performance of his judge's function in relation to the proceedings concerning the matter if in respect of his relation to the matter, to the parties to the action or to their representatives some doubts exist that he would be biased.

(2) The judge shall notify the Chief Justice of the reasons for the exclusion of a judge in accordance with Point I without any delay.

§ 28

(1) Not later that till the beginning of the oral proceedings a party to the action is allowed to proclaim that the party rejects one of the Judges because he is biased.

The party has to give grounds of the rejection. The rejected judge is obliged to make a statement concerning such rejection.

(2) If the decision on the matter is to be taken by the General Assembly of the Constitutional Court, the decision on the exclusion of the judge because he is biased is to be taken by the General Assembly of the Constitutional Court; the rejected judge has no right to vote. If the decision on the matter is to be taken by the Trial of the Constitutional Court, the decision on the exclusion of the judge because he is biased is to be taken by the Trial of the Constitutional Court; the rejected judge has no right to vote. If there is equality of votes, the vote of the presiding judge is decisive.

(3) If the judge will proclaim about himself that he is biased what concerns the matter and gives reasons of this proclamation, the provision of Point 2 is valid for such case.

§ 29

(1) Any of the proposals which were delivered to the Constitutional Court are assigned by the Chief Justice to a judge who will act as a Reporter.

(2) If the proposal relates a matter, the decision on which is to be taken at the plenary session of the Constitutional Court, the Chief Justice of the Constitutional Court will assign the proposal to any of the Judges; if the judge is a permanent member of the Tribunal, the Court will assign the proposal to that judge after discussing it with the presiding judge of the Tribunal.

(3) The proposal the decision on which is to be taken by the Tribunal shall be assigned for preparation to a judge, a member of that Tribunal, under which responsibility the decision on that matter is.

(4) The Reporter shall prepare the matter for the preliminary discussions. If the proposal is accepted for the proceedings, it will be discussed at a plenary session or at a session of the Tribunal.

(5) The Reporter shall ensure that the proposal will be delivered without any delay to other parties to the action, or to the other participants in the proceedings (action), if any, together with art appeal for giving their opinions concerning the matter within the term set by the Reporter.

(6) The Reporter is entitled to set every party to the action to submit to the Constitutional Court needed number of transcripts of their proposals, statements or other filings for needs of the Constitutional Court or other parties to the action within the determined period; if any of the party will not provide such papers, they will be drawn out at that party's expenses.

§ 30

(1) The matters which are to be discussed by the Constitutional Court according to Art. 125, 126, 127, 129 Par. 4 and 5 of the Constitution will be discussed in oral proceedings.

(2) The oral proceedings can be canceled by the Constitutional Court on the basis of the agreement of the parties to the action if it is not possible to expect that such proceedings would contribute to the next clarification of the matter.

(3) Parties, secondary parties to the action and their representatives are entitled to take part in the oral proceedings.

(4) The oral proceedings concerning matters according to Art. 125, 126, 129 Par. 4 of the Constitution are open. The oral proceedings concerning other matters are also open if the Constitutional Court will not exclude the participation of the publics in the whole proceedings or some parts of the proceedings because of some serious reasons.

(5) The publics present in some oral proceedings are governed reasonably by the provisions of the Civil Court Regulations or the Penal Code if a constitutional complaint against a decision taken within some criminal trial proceedings is discussed.

(6) Findings of the Constitutional Court are announced publicly after the end of the oral proceedings.

§ 31

(1) The Constitutional Court accomplishes the evidence necessary for findings concerning the state of the matter. One of the Judges can be charged with the accomplishment of the evidence out of the oral proceedings. The Constitutional Court is entitled to ask also another court for the accomplishment of the evidence.

(2) All Courts, bodies of the state administration and other state bodies provide any assistance to the Constitutional Court, upon request, what concerns the supply of data/papers needed for its decision-making procedure.

(3) Any of the witnesses or any of the experts is not allowed to make references to their duty to keep secrecy set by legal regulations, if the Constitutional Court by its order concerning this particular case relieved them of their obligation to keep secrecy.

(4) Terms of delivery and following the keeping determined terms (rules for counting the days of a term), summons, bringing up witnesses and other persons before the court, the obligation to bear evidence, prohibition against hearing, the right to reject the providing of witnesses' testimony, title to testimony, accomplishment of evidence, votes and appropriateness concerning the decision-making procedure are reasonably governed by the Civil Court Regulations or the Penal Code.

§ 32

(1) Any judge, who does not agree with a decision of the General Assembly or the Trial of the Constitutional Court is entitled to require that his distinct standpoint will be briefly mentioned in the records on the vote.

(2) At a vote of the General Assembly or the Trial only Judges and a recording clerk are allowed to be present.

(3) On matters according to Art. 136 Par. 2 and 3 of the Constitution a secret ballot is taken.

§ 33

(1) On the matter itself the decision is taken in the form of a finding or a sentence, on other matters the decision is taken in the form of a resolution (an order), if it is not set otherwise by this Act.

(2) If the Constitutional Court will find out any discrepancy in matters set up in Art. 125 of the Constitution, the part of the decision containing the verdict will be published in the Collection of Laws.

(3) The grounds of the decision on the matter itself are to be given and they shall be proclaimed "In the name of the Slovak Republic".

(4) If a legal opinion of the Constitutional Court, expressed in a finding or in a resolution (an order) on interpretation according to Art. 128 Par. l of the Constitution, has in its nature a general meaning, the Constitutional Court can take a decision that such legal opinion will be published in the Collection of Laws.

(5) The Constitutional Court publishes, at least once a year for public needs, a collection of its findings and resolutions (orders) on interpretation according to Art. 128 Par. 1 of the Constitution, accepted within the previous year; until their publishing everybody is allowed to take a look in them in the Office of the Constitutional Court.

§ 34

(1) All decisions of the Constitutional Court taken in relation to the matter of the proceedings (action) are delivered to the parties to the action or to their deputies (representatives).

(2) Only those decisions are delivered to the secondary parties to the action, which were chosen and appointed for this purpose by the Constitutional Court.

§ 35

The proceedings brought before the Constitutional Court are not subject to the legal costs, if it is not set otherwise by this Act.

§ 36

(1) Legal costs of the proceedings before the Constitutional Court, which will arise to parties to an action, will be covered by the parties of the action on their own.

(2) The Constitutional Court can impose upon some of the parties to the action, in some reasonable cases on the basis of the results of the proceedings, to cover, in full or partly, the legal costs of another party to the action.

CHAPTER TWO SPECIAL PROVISIONS

Article one Proceedings on conformity of legal rules

§ 37

(1) If any of the persons mentioned in § 18 Point 1 Lets. a) to c) would come to the conclusion that a legal regulation of lower legal power is in contradiction with a legal regulation of higher legal power (Art. 125 of the Constitution), they can submit to the Constitutional Court a proposal for opening proceedings before the Constitutional Court.

(2) The proposal for opening proceedings must contain, except of general entries mentioned in § 20, the following:

a) the name of the legal regulation against which the claim is taken that it is in contradiction with a legal regulation of higher legal power, together with a statement in which the petitioner will proclaim if he claims against the regulation in its whole extent or only a part or only one provision of it,

b) the name of the legal regulation of higher legal power with which the claimed regulation is in contradiction.

§ 38

If the proposal was submitted by a court in relation with its decision-making activity, the secondary parties to the action are the parties of the proceedings which were brought to the court which submitted the proposal; if the proceedings relate to the criminal trial proceedings, the party to the action is represented by a person against which the legal action (the criminal trial proceedings) is taken and the prosecutor.

§ 39

Before the decision on the matter will be taken according this Article one, the Chief Justice of the Constitutional Court will ask the body which published the generally binding legal regulation for its standpoint. He can ask even the Chief Justice of the Supreme Court of the Slovak Republic or the Attorney General for their standpoints.

§ 40

If the Constitutional Court finds out within the decision-making procedure according to Art. 125 of the Constitution some discrepancies between the investigated legal regulation of lower legal power and the legal regulation of higher legal power and at the same time the Court will find out some discrepancies of such legal regulation with another legal regulation even of more higher legal power, the Court will investigate also lawfulness of that legal regulation and will deliver also a finding concerning the regulation's lawfulness.

§ 41

(1) The decision of the Constitutional Court in which the conflict (discrepancy) of legal regulations was proclaimed, is denoted as a finding.

(2) The finding together with the grounds of that finding is delivered to the petitioner and to the body which issued (published) the regulations.

(3) The resolution (judicial decision), that the Constitutional Court did not approve (rejected) the proposal, will be delivered to the petitioner.

Article two Proceedings on matters concerning disputes on competencies

§ 42

The proposal for opening the proceedings shall be submitted by a central body which claims that under its responsibility is to take the decision (that the body is competent to take the decision on the matter), as well as the body which claims that it is not under its responsibility (denies its competence). It is needed to join all written documents necessary for the decision-making procedure of the Constitutional Court to the proposal.

§ 43

The secondary parties to the action on the assignation of the competence are natural persons or legal entities that will show their legal interest concerning the matter.

§ 44

The judicial decision of the Constitutional Court concerning such matters is taken in the form of a finding.

Article three Interpretation of constitutional laws

§ 45

The Constitutional Court provides (delivers) interpretation of the constitutional laws only in cases if it concerns some conflicting matters.

§ 46

(1) Persons mentioned in § 18, Point 1, Let. a) to c) are entitled to submit the proposal.

(2) One of the parties to the action is also the other state body which was identified as a body which misinterprets one of the constitutional law.

(3) If the proposal was submitted by a court in connection with its decision-making activity, the secondary parties to the action are participants of the proceedings running before the court which submitted the proposal.

§ 47

The proposal for opening proceedings (a legal action) has to contain, except of general entries mentioned in § 20, other information concerning the following issues: which constitutional law and/or which part or provision of that constitutional law is to be interpreted, reasons why its interpretation is conflicting and which of the state bodies misinterprets the constitutional law.

§ 48

The decision concerning the proposal which requests for providing interpretation is taken by the Tribunal of the Constitutional Court at its session in which the publics are not admitted and the decision is in the form of a resolution (a legal decision).

Article four Proceedings on constitutional complaints

§ 49

A constitutional complaint can be submitted by a natural person or a legal entity that proclaims that as a result of a lawful decision taken by one of the bodies mentioned in Art. 127 of the Constitution the fundamental rights and freedoms of that natural person or the legal entity were broken and in the case when decisions concerning the protection of those fundamental rights and freedoms are not taken by any other court.

§ 50

The proposal for opening proceedings (a legal action) has to contain, except of general entries mentioned in § 20, other information concerning the following issues: which fundamental rights or freedoms of citizens were broken according to the submission of the complainant and in which proceedings the break occurred. A copy of a lawful decision is to be enclosed to the proposal.

§ 51

(1) The parties to the action (proceedings) are the claimant and a body of the state administration or a territorial self-government against which the complaint was lodged.

(2) The Constitutional Court is entitled to admit the status of a secondary party to the action (proceedings) to persons who will show their legal interest in the result of the proceedings.

§ 52

If it is not set otherwise by this Act, any constitutional complaint is governed by provisions concerning the proposal for opening proceedings (a legal action) and any complainant is subject to the provisions concerning the petitioner.

§ 53

(1) The constitutional complaint is not admittable if the complainant has not utilized all regular legal remedies which are provided by laws for protection of his rights.

(2) The Constitutional Court will not reject the acceptance of the constitutional complaint given in the case if the condition set by the previous point is not fulfilled, if the complaint by its importance substantially overcomes the personal interests of the complainant.

(3) The constitutional complaint can be submitted within two months. This two-month period starts on the day when the decision became valid, otherwise on the day when the complainant was informed about the result of the legal remedy or in the case if there is no legal remedy, on the day when his fundamental rights and freedoms were broken.

§ 54

(1) The Tribunal of the Constitutional Court is entitled to reject, by its resolution (legal decision), the acceptance of the constitutional complaint if it was not submitted within the two-month period or if it is apparently unjustified.

(2) It is not requested to give the grounds of the resolution (legal decision) on rejection of the constitutional complaint. The resolution will be notified to the complainant in writing with a reference to the grounds of the rejection of the complaint according to Point 1. The same is valid for the resolution on an unjustified complaint according to § 24 Points 1 and 2.

(3) If the complainant recalls his constitutional complaint, the Constitutional Court will terminate the proceedings concerning that complaint.

§ 55

(1) The submission of a constitutional complaint does not have any dilatory effect.

(2) However, the Constitutional Court is entitled to postpone enforceability of the contested decision on the basis of the proposal of the complainant in the case if it will not be in contrary to any important public interest and if the enforcement of the decision or if putting competencies, granted by the decision to a third person, in practice would cause to the complainant much greater harm then it would cause to other persons in the case of the postponement of enforceability.

§ 56

The Constitutional Court starts with the facts established (found out) in the course of the previous proceedings, if it was not decided otherwise.

§ 57

If the Constitutional Court approves the constitutional complaint, in the finding the Court will introduce which of the fundamental rights and freedoms and which of the provisions of the Constitution or a constitutional law were broken and in the course of which proceedings the break occurred and will cancel the contested decision.

§ 58

(1) If the constitutional complaint was rejected as illegitimate or apparently unjustified, the Tribunal of the Constitutional Court is entitled to levy a fee of 5.000,- SKK on the complainant.

(2) The Constitutional Court is entitled to impose the duty upon the complainant to deposit an advance for the fee according to Point 1 within one month, if some serious doubts exist that the constitutional complaint is unjustified.

(3) The deposited advance for the fee will be returned back to the complainant if the constitutional complaint is approved.

(4) The Constitutional Court will reject the constitutional complaint if the complainant did not deposit the advance for the fee, which was imposed on him according to Point 2, on time. The provision of § 54 Point 2 is valid by analogy.

Article five Proceedings on election matters

§ 59

(1) The complaint about unconstitutionality or unlawfulness of the elections to the Slovak Parliament or to a body of a local self-government or against the result of the elections can be submitted except the petitioners mentioned in § 18 Point 1 Let. a) to e) also by a political party which took part in the elections, 10 per cent of legitimate voters of a constituency (an electoral district) or a candidate who gained in his constituency (an electoral district) at least 10 per cent voters.

(2) The complaint against the result of the elections to the Slovak Parliament of to a body of a local self-government can be submitted also by a counter-candidate who gained at least 10 per cent votes. The complaint can be submitted also by at least 10 per cent voters of the corresponding constituency (an electoral district); it is necessary to enclose to the complaint signatures and addresses of those citizens.

§ 60

(1) The proposal for opening proceedings (a legal action) has to contain, except of general entries mentioned in § 20, other information concerning the following issues:

a) the statement of the complainant which would clarify if he contests the elections carried out at the whole territory of the Slovak Republic or only results in a specific constituency (an electoral district)

b) reasons why he contests the elections with indication of evidence.

(2) The proposal according to Point 1 shall be submitted within 10 days after the announcement of the election results.

§ 61

The Constitutional Court will inform about the complaint, if it relates to the elections to the Slovak Parliament, other political parties which gained such percentage of the votes that they have ensured their representation in the Slovak Parliament and, if it relates to the elections to the bodies of the local self-governments, also any member of the body of the local self-government who is contested, the Court will enable them to express their standpoints to the complaint within the predetermined time.

§ 62

The Constitutional Court will solicit all documents and reports related to the elections.

§ 63

(1) The Constitutional Court is entitled

a) to proclaim the results of elections not to be valid,

b) to cancel the contested result of the elections,

c) to cancel the decision of the electoral committee and to promulgate as an elected person the person who was elected regularly,

d) to reject the complaint.

(2) The decision on cases mentioned in Point 1 Let. a) to c) will be taken by the Constitutional Court in the form of a finding.

(3) The finding by which the Constitutional Court will declare the elections as null and void will be delivered immediately together with grounds of such a finding to the Slovak Parliament and to the Slovak Ministry of Interior.

(4) The decisions mentioned in Point 1 Let. b) and c) will be notified by the Constitutional Court to the Slovak Parliament or to the respective body of the self-government and to political parties, as well as to the body mentioned in § 61.

(5) The resolution (legal decision) on rejection of the complaint will be notified to the complainant only.

Article six Proceedings on dissolution and suspension of activity of a political party or a movement

§ 64

At the proceedings according to Art. 129 Par. 4 of the Constitution the provisions concerning proceedings according to Article four of this Act will be used reasonably.

§ 65

(1) The proposal for investigation of a decision on a dissolution of a political party or a political movement can be submitted except the petitioners mentioned in § 18 Point 1 Let. a) to e) also by a political party or a political movement. The proposal for opening the proceeding has a dilatory effect.

(2) The proposal for investigation of a decision on rejection of an application for registration of a political party or a political movement can be submitted also by a preparatory committee of the political party or the political movement.

(3) Before the decision concerning this matter will be taken the Chief Justice of the Constitutional Court will ask the Slovak Ministry of Interior and the Attorney General of the Slovak Republic for their standpoints.

(4) The decision of the Constitutional Court is delivered to the petitioner and to the Slovak Ministry of Interior.

Article seven Proceedings on complaints against results of a referendum

§ 66

(1) If it is not set otherwise by this Act, the provisions concerning proposals for opening proceedings (a legal action) are valid also for proceedings against the result of a referendum.

(2) The petitioner can be represented by:

a) at least one fifth of the members of the Slovak Parliament,

b) the President of the Slovak Republic,

c) the Slovak Government,

d) the Attorney General of the Slovak Republic,

e) a group of at least 350 thousand of Slovak nationals.

§ 67

State authorities and bodies which take part in the organization of the referendum and measurement of results are obliged to provide to the Constitutional Court, upon its request, information and produce documents concerning the referendum.

§ 68

(1) The Chief Justice of the Constitutional Court and members of the Tribunal are entitled, in the presence of the chairman of the respective central committee, to open the sealed file containing documents on the votes and to take steps needed for investigation if the referendum was organized in the consent with the Constitution.

(2) The opening of the sealed file and found facts will be recorded and such protocol will be signed by the Chief Justice of the Constitutional Court and other participants in the proceedings according to Point 1, those persons are entitled to include in the protocol their possible reservations concerning the content of the protocol.

(3) After taking the necessary steps the Chief Justice will seal the file.

§ 69

If the Constitutional Court found out that the break of the Constitution affected or could affect the result in a crucial manner, in the finding it will be set that the results of the completed referendum are not valid.

§ 70

(1) The decision on the complaint against the result of a referendum will be taken by the Constitutional Court within ten days since the delivery of the complaint.

(2) The finding of the Constitutional Court will be published immediately through the Slovak Press Agency and will be published without giving the grounds of such a finding in the Collection of Laws.

Article eight Proceedings on claimants against decisions on legalization of the mandate of the Member of Parliament of the Slovak Republic

§ 71

The proceedings are opened on the basis of the proposal submitted by a member of the Slovak Parliament.

§ 72

The submission of the proposal is governed by § 20.

§ 73

The decision will be taken by the Trial in the form of a resolution (legal decision).

Article nine Proceedings on prosecution against the President of the Slovak Republic

§ 74

(1) At the decision-making process concerning the prosecution of the Slovak Parliament against the president of the republic for treason, the Constitutional Court is bound by the Penal Code only what concerns the qualification of the deed.

(2) At the proceedings the provisions of the Penal Code will be reasonably used.

(3) The Constitutional Court takes the decision on the matter in the form of a judgment.

(4) If the Constitutional Court will find the president guilty of the treason it will deprive him of his presidential function.

PART FOUR DECISION-MAKING OF INTERNATIONAL BODIES CONCERNING FUNDAMENTAL RIGHTS AND FREEDOMS

§ 75

(1) If the Committee for Human Rights[2]2) has called attention of the Slovak Government to the fact that because of a provision, decision or another interference of a body of the public authority of the Slovak Republic any of the complainant's rights, which are introduced in the International Covenant on Civil and Political Rights, was broken, the Government shall submit such complaint without any delays to the Constitutional Court which will act according to Part three Chapter two Article four of this Act.

(2) For the purposes of the proceedings undertaken before the Constitutional Court the complaint according to Point 1 is taken as a constitutional complaint which was taken over for further investigation (proceedings).

(3) The Constitutional Court will inform the complainant and other parties to the proceedings (action) about the opening of the proceedings.

PART FIVE INTERIM AND FINAL PROVISIONS

§ 76

(1) Laws and other generally binding legal regulations issued in the Czech and Slovak Federative Republic which are in contrary with the Constitution of the Slovak Republic [3]3) lose their validity on the ninetieth day after publishing of the finding of the Constitutional Court in the Collection of Laws.

(2) For the proceedings provisions of Part three Chapter two Article one of this Act will be reasonably used.

§ 77

The Constitutional Court has in the state budget of the Slovak Republic its own entry (chapter).

§ 78

At the time of the session of the Constitutional Court any gatherings of citizens aimed at affecting its decision-making procedure, are prohibited up to 100 meters from the building of the Constitutional Court or from the building where the session is held.

§ 79

Details on the organizational structure of the Constitutional Court and on the proceedings brought to the Constitutional Court are governed by the administrative and proceedings rules of the Constitutional Court, which are approved by the General Assembly of the Constitutional Court. The rules are published in the Collection of Laws.

§ 80

This Act cancels Act of the Slovak Parliament No. 8/1992 of the Coll. on the organizational structure of the Constitutional Court of the Slovak Republic and on the proceedings brought to the Court.

§ 81

This Act becomes valid on the day of its proclamation.

Ivan Gasparovic, written in his own hand

Vladimir Meciar, written in his own hand

---

[1]1) § 4, Par. 1 of Act No. 335/1991 of the Coll. on Courts and judges. [2]2) Option Protocol No. 169/1991 of the Coll. [3]3) The Constitution of the Slovak Republic No. 460/1992 of the Coll.