Slovakia | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Art. 7 (2) The Slovak Republic may, by an international treaty, which was ratified and
promulgated in the way laid down by a law, or on the basis of such treaty, transfer the exercise of a part of its powers to the European Communities and the European Union. Legally binding acts of the European Communities and of the European Union shall have precedence over laws of the Slovak Republic. The transposition of legally binding acts which require implementation shall be realized through a law or a regulation of the Government according to Art. 120, para. 2.

Art. 120 (1) The Government shall have the power to issue regulations to implement laws within limits laid down by the law.

(2) If laid down by a law, the Government shall also be authorized to issue regulations on the implementation of the Europe Agreement Establishing an Association between the European Communities and their Member States on the one part, and the Slovak Republic on the other part, and on execution of international treaties according to Art. 7, para. 2.

2. Provisions concerning International Treaties

Art. 1 (2) The Slovak Republic acknowledges and adheres to general rules of international law, international treaties by which it is bound, and its other international obligations.

Art. 7 (1) The Slovak Republic may, by its own discretion, enter into a state union with other states. A constitutional law, which shall be confirmed by a referendum, shall decide on the entry into a state union, or on the secession from such union.

(3) The Slovak Republic may for purpose of maintaining peace, security and democratic order, under conditions established by an international treaty, join an organization of mutual collective security.

(4) The validity of international treaties on human rights and fundamental freedoms, international political treaties, international treaties of a military character, international treaties from which a membership of the Slovak Republic in international organizations arises, international economic treaties of a general character, international treaties for whose exercise a law is necessary and international treaties which directly confer rights or impose duties on natural persons or legal persons, require the approval of the National Council of the Slovak Republic before ratification.

(5) International treaties on human rights and fundamental freedoms and international treaties for whose exercise a law is not necessary, and international treaties which directly confer rights or impose duties on natural persons or legal persons and which were ratified and promulgated in the way laid down by a law shall have precedence over laws.

Art. 13 (1) Duties can be imposed
b) by an international treaty according to Art. 7, para. 4 which directly confers rights
and imposes duties on natural persons or legal persons (...)

Art. 30 (1) Citizens shall have the right to participate in the administration of public
affairs directly or through freely elected representatives. Aliens with permanent residence on the territory of the Slovak Republic shall have the right to vote and to be elected to self-administration bodies of municipalities and to self-administration
bodies of higher territorial units.

Art. 84 (3) In approving an international treaty according to Art. 7 paras. 3 and 4, and in adopting a law returned by the President of the Slovak Republic according to Art. 102 letter o), the consent of the absolute majority of all Members of Parliament shall be required.

(4) For the purpose of adopting or amending the Constitution, a constitutional law, in approving an international treaty according to Art. 7, para. 2,for the adoption of a resolution on plebiscite on the recall of the President of the Slovak Republic, for bringing a prosecution of the President and for the declaration of war on another state, the consent of a three-fifths majority of all Members of Parliament shall be required.

Art. 86. The powers of the National Council of the Slovak Republic shall be particularly to:
b) approve the treaties on a union of the Slovak Republic with other states and the repudiation of such treaties by a constitutional law,
d) before ratification to approve international treaties on human rights and fundamental freedoms, international political treaties, international treaties of military nature, international treaties from which a membership of the Slovak Republic in international organizations arises, international economic treaties of general nature, international treaties for whose exercise a law is necessary, and international treaties which directly confer rights or impose duties on natural persons or legal persons, and at the same time to decide on whether they are international treaties according to Art. 7 para. 5,
j) declare war in the event of an act of aggression by parties hostile to the Slovak Republic or in the event that obligations under international joint defence treaties must be fulfilled, and after the end of war on concluding the peace.

Art. 87.4 (4) An act shall enter into effect on its promulgation. Details on the promulgation of acts, of international treaties and legally binding acts of an international organization pursuant to Art. 7, para. 2 shall be laid down by a law.

Art. 125 (1) The Constitutional Court shall decide on the conformity of a) laws with the Constitution, constitutional laws and international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law, b) government regulations, generally binding legal regulations of Ministries and other central state administration bodies with the Constitution, with constitutional laws, with international treaties to which the National Council of the Slovak Republic has expressed its assent and which were ratified and promulgated in the manner laid down by a law and with laws,

Art. 144 (1) Judges, in the performance of their function, shall be independent and, in decision making shall be bound by the Constitution, by constitutional law, by international treaty pursuant to Art. 7, paras. 2 and 5, and by law.

(2) If a Court assumes that other generally binding legal regulation, its part, or its individual provisions which concern a pending matter contradicts the Constitution, constitutional law, international treaty pursuant to Art. 7, para. 5 or law, it shall suspend the proceedings and shall submit a proposal for the commence of proceedings according to Art. 125, para. 1. Legal opinion of the Constitutional Court of the Slovak Republic contained in the decision shall be binding for the Court.

3. Provisions concerning constitutional reform

Art. 84 (4) For the purpose of adopting or amending the Constitution, a constitutional law, in approving an international treaty according to Art. 7, para. 2,for the adoption of a resolution on plebiscite on the recall of the President of the Slovak Republic, for bringing a prosecution of the President and for the declaration of war on another state, the consent of a three-fifths majority of all Members of Parliament shall be required.

Art. 152 (1) Constitutional laws, laws and other generally binding legal regulations shall remain in force in the Slovak Republic unless they are in contradiction with this Constitution. They can be amended and repealed by the appropriate authorities of the Slovak Republic.

(2) Laws and other generally binding legal regulations promulgated in the Czech and Slovak Federal Republic shall become void on the ninetieth day after the publication of a decision made by the Constitutional Court of the Slovak Republic on their invalidity and according to promulgation procedures laid down by a law.

(3) The Constitutional Court of the Slovak Republic shall decide on invalidity of legal regulations upon motion of persons laid down in Art. 130.

(4) Constitutional laws, laws and other generally binding legal regulations shall be interpreted and applied in conformity with this Constitution.

4. Provisions concerning referendums

Art. 93 (1) A constitutional law on joining a union with other states or the secession
from it, shall be confirmed by a referendum.

(2) A referendum may also be used to decide on other crucial issues of the public interest.

(3) No issues of fundamental rights, freedoms, taxes, duties or state budget may
be decided by a referendum.

Art. 94 Every citizen of the Slovak Republic, qualified to elect the Members of Parliament of the National Council of the Slovak Republic, shall have the right to vote
in a referendum.

Art. 95 (1) A referendum shall be declared by the President of the Slovak Republic upon a petition submitted by at least 350,000 citizens, or upon a resolution of the National Council of the Slovak Republic within thirty days after acceptance of the petition of citizens or the resolution of the National Council of the Slovak Republic had been received.

(2) The President of the Slovak Republic may, before declaring a referendum, submit to the Constitutional Court of the Slovak Republic a proposal for a decision on whether the subject of a referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic according to paragraph 1 is in conformity with the Constitution or a constitutional law. If the President of the Slovak Republic submits to the Constitutional Court of the Slovak Republic a proposal for a decision on whether a subject of referendum which shall be declared upon a petition of citizens or a resolution of the National Council of the Slovak Republic is in conformity with the Constitution or a constitutional law, from the submission date of the proposal of the President of the Slovak Republic to the date of effectuality of the decision by the Constitutional Court of the Slovak Republic, the term according to paragraph 1 shall not lapse.

Art. 96 (1) Members of Parliament may submit the proposals for the adoption of a resolution by the National Council of the Slovak Republic on the declaration of a referendum.

(2) A referendum shall be held not later than ninety days after the President of the Slovak Republic has declared it.

Art. 97 (1) A referendum shall not be held less than ninety days before the date of the election to the National Council of the Slovak Republic.

(2) A referendum may be held on the date of the election to the National Council of the Slovak Republic.

Art. 98 (1) The results of a referendum shall be valid provided an absolute majority of eligible voters have participated and the issue has been decided by an absolute majority of votes.

(2) The National Council of the Slovak Republic shall promulgate the proposals adopted by a referendum as a law.

Art. 99 (1) The result of a referendum may be amended or repealed by a constitutional law adopted by the National Council of the Slovak Republic once a period of three years since effectuality of the results has elapsed.

(2) The referendum on the same issue may be repeated not earlier than three years after the previous referendum held.

Art. 100 The procedures for holding a referendum shall be laid down by a law.