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Part 6 - Executive Power
Chapter One - The President of the Slovak Republic
Article..101
(1) The Head of the Slovak Republic shall be the President. The President shall represent the Slovak Republic in external and internal relations and with his/her decisions ensures the normal functioning of the constitutional authorities. The President performs his office according to his/her best conscience and conviction. He is bound by no directives.
(2) The President shall be elected by the citizens of the Slovak Republic in direct elections by secret ballot for a five-year term. The right to elect the President have the citizens who are eligible to vote in election to the National Council of the Slovak Republic.
(3) The candidates for Presidency are nominated by a group of 15 Members of the National Council of the Slovak Republic or by the citizens who are eligible to vote for National Council of the Slovak Republic based on a petition signed by at least 15 000 citizens. The nominations are submitted to the President of the National Council of the Slovak Republic not later than 21 days after the elections have been announced.
(4) The president shall be the candidate who gets the absolute majority of all valid votes provided by eligible voters. If none of the candidates succeeds to get the required majority of votes by voters, a second ballot takes place within 14 days. Those two candidates progress to the second ballot who got the highest number of the valid votes. In the second ballot shall be elected to be a President that candidate who obtained the highest number of all valid votes of the participating voters.
(5) If one of the candidates obtaining in the first ballot the most valid votes is not eligible any more to be a President before the second ballot or he gives up his right to run for presidency, that candidate progresses to the second ballot who gets the next highest number of the votes in the first ballot. If there are not two candidates in the second ballot, it will be cancelled and the President of the National Council of the Slovak Republic shall announce new elections within seven days in a way that they could take place within 60 days after having been promulgated.
(6) If there is just one candidate running for presidency, the election will take place in a way that a vote will be taken on him; he shall be elected President if he gets the absolute majority of the valid votes from participating voters.
(7) The elected candidate takes up his office of a President taking the vow. The President shall be sworn before the National Council by the President of the Constitutional Court at noon when the former President' s term of office ceases.
(8) If the President's term of office terminated earlier, the elected candidate takes the vow and takes up his office of the President at noon the following day after the announcement of the election results.
(9) The Constitutional Court of the Slovak Republic decides on the constitutionality or lawfulness of the elections.
(10) The details for presidential elections shall be defined by law.
Article..102
(1) The President
* a) shall represent the Slovak Republic in international relations, negotiate and ratify international agreements; he can delegate the power to the Government or, with the consent of the Government, to individual members of the Government to negotiate those international agreements for which no consent by the National Council of the Slovak Republic is required;
* b) shall receive and accredit ambassadors;
* c) shall convene the opening session of the National Council of the Slovak Republic;
* d) may dissolve the National Council of the Slovak Republic provided the National Council of the Slovak Republic has rejected its program within six months, when the National Council of the Slovak Republic has not decided within three months about a Government bill which was connected with the vote of confidence, when the National Council of the Slovak Republic was incapacitated to resolution more than three months, although its session has not been adjourned notwithstanding it was repeatedly convened or if the session of the National Council of the Slovak Republic was adjourned for a longer time than the Constitution allows. The President cannot apply this right during the last six months of his term of office. The President shall dissolve the National Council of the Slovak Republic if in the referendum on his recalling he is not recalled;
* e) shall sign laws;
* f) shall appoint and remove the Prime Minister and other members of Government of the Slovak Republic, commission the heads of governmental departmens and accept their resignation; he shall remove the Prime Minister and other Ministers in cases defined in Articles 115 and 116;
* g) shall appoint and remove the principal officers of national bodies and high officials as defined by law, university professors and presidents, and promote army generals;
* h) shall award decorations and honors, unless another authority has been delegated by him to do so;
* i) shall grant pardons and amnesty, mitigate sentences imposed by criminal courts, decrees to terminate or not to commence proceedings and to erase criminal records;
* j) shall be the Commander-in-Chief of the armed forces;
* k) shall declare, by the recommendation of the Government of the Slovak Republic, a state of war, and declare war by a resolution of the National Council of the Slovak Republic in the event of aggression by parties hostile to the Slovak Republic or in the event that obligations under international agreements requiring the joint defense against aggression must be fulfilled;
* l) shall declare a state of emergency by means of a constitutional statute;
* m) shall announce referendums;
* n) may return constitutional or other bills to the National Council of the Slovak Republic with his comments for reconsideration within fifteen days after getting/delivering the adopted law;
* o) shall inform the National Council of the Slovak Republic of the state of the Slovak Republic and of major political issues, and submit proposals and other measures;
* p) shall have the right to require from the Government of the Slovak Republic and from its members information needed for the fulfilment of his duties
(2) Decision of the President issued under Art. 102 letter b) and i) if it concerns granting amnesty shall be valid under letter j) if it is signed by the Prime Minister of the Slovak Republic or the appropriate/competent minister. In these cases the Government of the Slovak Republic shall be responsible for the President´s decision.
Article..103
(1) Any citizen of the Slovak Republic eligible to be elected to the member of the National Council of the Slovak Republic who has attained forty years of age on the day of the election , may be elected President of the Slovak Republic.
(2) No one may be elected President for more than two consecutive terms.
(3) The election of the President shall be held during the last sixty days of the term of the acting President. In the event of a vacancy of the President's office before the expiration of the official term, the President of the National Council of the Slovak Republic shall announce presidential elections within seven days in order that the first ballot would be held within 60 days after they have been promulgated.
(4) In cases where the President-elect is a member of the National Council of the Slovak Republic, a member of the Government of the Slovak Republic, a judge, a public prosecutor, a member of the armed forces or the armed corps, or a member of the Supreme Audit Office of the Slovak Republic, he must resign from his previous office on the day of his election.
(5) The President shall hold no other paid position in any profession, business or on any executive board of a corporation.
(6) The President may resign from his office at any time; his term of office ceases on the day of handing over to the President of the Constitutional Court of the Slovak Republic a written announcement of this decision.
(7) The President of the Constitutional Court of the Slovak Republic shall announce the President of the National Council of the Slovak Republic in writing the President' s resignation from his office.
Article..104
(1) The President shall be sworn before the National Council by the President of the Constitutional Court of the Slovak Republic as follows:
"I do solemnly pledge allegiance to the Slovak Republic. I will protect the welfare of the Slovak people, and members of national minorities and ethnic groups living in the Slovak Republic. I will perform my duties in the best interests of all citizens, and abide by and defend the Constitution and other laws."
(2) A refusal to take the vow or expression of reservations thereto shall annul the presidential election.
Article..105
(1) In a case where the President has not been elected, or at the time of a vacancy before the election of the new President, or after the new President has been elected but before he has been sworn in, or he has been unable to perform his official duties, the powers of the President shall be delegated to the Government of the Slovak Republic except for those defined in Article 102 paragraph 1, subsections d) to g). In these cases the Government may vest some of the powers of the President in the Prime Minister. During such time the Prime Minister shall act as Commander-in-Chief of the armed forces. The powers of the President shall be delegated to the Chairman of the National Council of the Slovak Republic under Art. 102 paragraph 1 letter e), f) and g).
(2) In the event that the President has been unable to perform the duties of his office for more than six months, the Constitutional Court of the Slovak Republic shall proclaim the office of the President vacant. On the day of this promulgation, the acting President´s term of office ceases.
Article..106
(1) The President may be recalled before the termination of his/her term of office by a referendum. A referendum on recalling the President shall be announced by the
President of the National Council of the Slovak Republic based on the resolution of the National Council of the Slovak Republic adopted by not less than a three-fifths majority of all members of the National Council of the Slovak Republic. He must do so within thirty days from adopting the resolution in order that the referendum would take place within 60 days after having been promulgated.
(2) The President shall be recalled if in the referendum an absolute majority of all eligible voters voted for his recall.
(3) If the President has not been recalled in a referendum, he should dissolve the National Council of the Slovak Republic within 30 days after the results of the referendum have been announced. In this case a new President's term of office starts to run. The President of the National Council of the Slovak Republic shall announce elections to the National Council of the Slovak Republic within 7 days after it has been dissolved.
(4) The procedure required for the recall of the President shall be specified by law.
Article..107
President may be arraigned/prosecuted only for deliberate violation of the Constitution or for high treason . About filing impeachment decides the National Council of the Slovak Republic by consent of a three-fifths majority of all members. The impeachment shall be filed by the National Council of the Slovak Republic that decides on it in a plenary session.". Condemning /convicting decision of the Constitutional Court of the Slovak Republic results the loss of the presidential office and the illegibility to regain this office.
Chapter Two - The Government of the Slovak Republic
Article..108
The Government of the Slovak Republic shall be the supreme executive body.
Article..109
(1) The Government shall consist of the Prime Minister, Deputy-Prime Ministers and Ministers.
(2) A member of the Government shall not be allowed to hold legislative or judicial office.
(3) A member of Government shall hold no other paid position in a profession, business or on the executive board of a corporation.
Article..110
(1) The Prime Minister shall be appointed and removed by the President of the Slovak Republic.
(2) Any citizen of the Slovak Republic eligible for election to the Slovak National Council may be appointed the Prime Minister.
Article..111
On the advice of the Prime Minister, the President of the Slovak Republic shall appoint and recall other members of the Government by granting commissions to carry out departmental duties. The President can appoint the Vice-President or a Minister from among the citizens eligible to be elected to the National Council of the Slovak Republic.
Article..112
The members of the Government shall be sworn in by the President by taking the following vow:
"I do solemnly pledge allegiance to the Slovak Republic. I will perform my duties in the best interests of the citizens. I will abide by the Constitution and all laws and will do my best to provide for their implementation."
Article..113
The Government shall be obliged, within thirty days of its formation, to present itself to all members of the National Council of the Slovak Republic and to submit to them its Government Program and thus initiate a vote of confidence.
Article..114
(1) The Government shall be collectively responsible for the exercise of governmental powers to the National Council of the Slovak Republic which may take a vote of confidence at any time.
(2) The Government may, at any time, invite the National Council of the Slovak Republic to hold a vote of confidence.
(3) The Government may initiate voting on a bill concerning any matter concurrently with a vote of confidence.
Article..115
(1) In the event that the National Council has passed a vote of no-confidence or overruled a motion for a vote of confidence, the President shall dismiss the Government.
(2) In the case where the President has accepted resignation of the Government, he shall delegate all powers continuously to be exercised by the former Government until a new Government s been appointed.
Article..116
(1) Members of the Government shall be individually accountable to the National Council of the Slovak Republic.
(2) Any member of the Government may submit his or her resignation to the President of the Slovak Republic.
(3) The National Council of the Slovak Republic may also pass a vote of no-confidence in an individual member of the Government; in such case the member shall be dismissed.
(4) A motion for the dismissal of a member of the Government may be presented also by the Prime Minister.
(5) In the event of the Prime Minister's resignation, the whole Government shall resign.
(6) In a case where the National Council of the Slovak Republic has passed a vote of no-confidence in an individual member of the Government, the member shall be dismissed by the President of the Slovak Republic. The dismissal of the Prime Minister shall result in the resignation of the Government.
(7) In a case where the President has accepted the resignation of a member of the Government, or if he has dismissed a member of the Government, he shall designate another member to be temporarily responsible for fulfilling the duties of the resigning member.
Article..117
The incumbent Government shall submit its resignation after the opening session of the newly elected National Council of the Slovak Republic; the former Government shall, however, remain in office until the new Government is formed.
Article..118
(1) The quorum of the Government shall consist of the majority of the members present.
(2) Adoption of a resolution by the Government shall require the consent of an absolute majority of all members of the Government.
Article..119
The Government shall decide collectively on:
* a) bills;
* b) regulations passed by the Government;
* c) its policy and implementation;
* d) principal measures to be taken to implement the economic and social programs of the Slovak Republic;
* e) proposals concerning the national budget and national revenue balance;
* f) international treaties entered into by the Slovak Republic;
* g) crucial issues in domestic and international affairs;
* h) the introduction of bills to the National Council of the Slovak Republic and initiation of public discussion on other major measures;
* i) motions for votes of confidence;
* j) granting pardon for administrative infringements;
* k) governmental appointments and dismissals as fixed by law, and
* l) other matters as may be defined by law.
Article..120
(1) The Government shall have the power to pass regulations for the implementation of laws within limits defined by law.
(2) Government decrees shall be signed by the Prime Minister.
(3) Decrees shall be promulgated by the procedures specified by law.
Article..121
The Government shall have the power to grant pardons in matters of administrative infrigements.
Article..122
The Central and local government bodies shall be established by law.
Article..123
Ministries and other governmental bodies shall, by and under the law and within its limits, pass generally binding regulations provided they are empowered to do so by law. These generally binding rules shall be promulgated in a manner specified by law.
