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Part 7 - Judical Power
Chapter One - The Constitutional Court of the Slovak Republic
Article..124
The Constitutional Court shall be an independent judicial authority vested with the mandate to protect the integrity of constitutional principles.
Article..125
The Constitutional Court shall have jurisdiction over constitutional conflicts between:
* a) laws and the Constitution or constitutional statutes;
* b) regulations passed by the Government or generally binding rules passed by the Ministries or other authorities of the central government and the Constitution, constitutional statutes, or other laws;
* c) generally binding rules passed by local self-governing bodies and the Constitution or other laws;
* d) generally binding rules passed by local government authorities and the Constitution, other laws or other generally binding rules, and
* e) generally binding rules and international instruments promulgated as fixed by law.
Article..126
The Constitutional Court shall decide disputes over powers distributed among central government authorities, unless these disputes are to be decided by another governmental authority as provided by law.
Article..127
The Constitutional Court shall review the challenges to final decisions made by central government authorities, local government authorities and local self-governing bodies in cases concerning violations of fundamental rights and freedoms of citizens, unless the protection of such rights falls under the jurisdiction of another court.
Article..128
(1) The Constitutional Court shall be responsible for the interpretation of constitutional statutes in conflicting cases. The terms shall be provided by law.
(2) The Constitutional Court shall not comment as to whether proposed legislation is consistent with the Constitution and constitutional statutes.
Article..129
(1) The Constitutional Court shall review challenges to decisions that confirm or reject the seat of a member of the National Council of the Slovak Republic.
(2) The Constitutional Court shall decide on the constitutionality and lawfulness of the elections and on recalling the President of the Slovak Republic. It shall decide whether the elections to the National Council of the Slovak Republic and to local self-governing bodies have been held in conformity with the Constitution and the law.
(3) The Constitutional Court shall review challenges to the results of a public referendum and complaints against results of a referendum on recalling the President of the Slovak Republic .
(4) The Constitutional Court shall decide whether a decision dissolving a political party/movement or suspending political activities thereof is consistent with the constitutional statutes and other laws.
(5) The Constitutional Court shall decide cases of deliberate violation of the Constitution and treason allegedly committed by the President of the Slovak Republic upon an accusation by the National Council of the Slovak Republic.
Article..130
(1) The Constitutional Court shall commence the proceedings upon a petition submitted by:
a) not less than one-fifth of all members of the National Council of the Slovak Republic;
b) the President of the Slovak Republic;
c) the Government of the Slovak Republic;
d) any court;
e) the Attorney-General, and
f) any person whose rights shall be adjudicated as defined in Article 127.
(2) The law shall specify who can commence the proceedings under Article 129.
(3) The Constitutional Court may commence proceedings upon the information presented by an individual or a corporation claiming to have rights violated.
Article..131
All members of the Constitutional Court shall decide in cases set forth in Articles,105 subsections 2, Article 107, Article 125 letters a) and b), Article 129 sections (2) up to (5), Article 138 sections 2 and 3 and matters regarding its internal procedures.
Article..132
(1) In cases where the Constitutional Court finds any contradictions in statutory rules as defined by Article 125, these rules, parts or clauses thereof shall become ineffective. The authorities that passed these rules shall be obliged to bring them to conformity with the Constitution and constitutional statutes not later than six months following the finding of the Constitutional Court; or in the case of rules defined by Article 125 subsection b) also with other laws; or in cases of rules defined by Article 125 subsection c) also with other laws, international instruments, regulations passed by the Government of the Slovak Republic, and with the generally binding rules issued by Ministries and other central government authorities. Otherwise these rules, parts or clauses thereof shall become ineffective after six months following the decision of the Constitutional Court.
(2) The decisions of the Constitutional Court made under section (1) shall be promulgated as defined by law.
Article..133
There shall be no appeal against a decision of the Constitutional Court.
Article..134
(1) The Constitutional Court shall be composed of ten judges.
(2) The judges of the Constitutional Court shall be appointed by the President of the Slovak Republic for a seven-year term from among the twenty nominees approved by the National Council of the Slovak Republic.
(3) A judge of the Constitutional Court must be a citizen of the Slovak Republic, eligible to be elected to the National Council of the Slovak Republic, not younger than forty years, and a law-school graduate with fifteen years of experience in the legal profession.
(4) A judge of the Constitutional Court shall be sworn in by the President of the Slovak Republic as follows:
"I do solemnly affirm that I will faithfully protect the inviolable natural human and civil rights, the rule of law, abide by the Constitution and constitutional statutes and decide cases independently and impartially to the best of my abilities and conscience."
(5) Upon taking this pledge, the judge shall assume the duties of judicial office on the Constitutional Court.
Article..135
The Constitutional Court shall be headed by a President who may be substituted by a Vice President. The President and the Vice President shall be appointed by the President of the Slovak Republic from among the judges of the Constitutional Court.
Article..136
(1) The judges of the Constitutional Court shall enjoy the same immunity as members of the National Council of the Slovak Republic.
(2) The judges of the Constitutional Court may be prosecuted and held in pre-trial detention only with the consent of the Constitutional Court.
(3) The Constitutional Court shall decide upon the legitimacy of the prosecution and pre-trial detention of the President of the Supreme Court and Vice Presidents of the Supreme Court of the Slovak Republic.
Article..137
(1) A judge appointed to the Constitutional Court shall resign from membership in a political party or movement prior to his or her solemn vow.
(2) The judges of the Constitutional Court shall hold their offices as a profession. The performance of this profession shall be incompatible with:
* a) any business activities and paying jobs except for one that concerns the administration of their own property, scientific activities, teaching, or literary and publishing activities;
* b) any post or employment in another public office.
(3) On the day a judge assumes his or her judicial office, his or her position as a parliamentary representative or member of the Government of the Slovak Republic shall expire.
Article..138
(1) Any judge of the Constitutional Court may resign from his or her office.
(2) The President of the Slovak Republic can remove a judge of the Constitutional Court upon a conviction by a court of law for a malicious offense or upon a disciplinary decision made by the Constitutional Court for misconduct, or for a conduct incompatible with the exercise of the office of a judge of the Constitutional Court.
(3) The President of the Slovak Republic shall remove a judge of the Constitutional Court from office if it is determined that the said judge has not participated in the work of the Constitutional Court for more than twelve months, or if the judge has been incapacitated by a court decree.
Article..139
In the case of a vacancy resulting from a resignation of, or removal from, office of the judge of the Constitutional Court, the President of the Slovak Republic shall appoint another judge for a new term from two nominees approved by the National Council of the Slovak Republic.
Article..140
The details of the structure of, and proceedings before, the Constitutional Court, and the status of judges therein shall be specified by law.
Chapter Two - The Judiciary of the Slovak Republic
Article..141
(1) The judiciary shall be administered by independent and impartial courts of the Slovak Republic.
(2) The judiciary shall be independent of other branches of government at all levels.
Article..142
(1) The courts shall rule on civil and criminal matters, and review decisions made by administrative bodies.
(2) A court of law shall consist of a bench of judges unless the law provides for a single judge. The law shall stipulate cases in which the bench shall be composed of lay and professional judges.
(3) Judgments shall be announced publicly in the name of the Slovak Republic.
Article..143
(1) The judicial system shall be composed of the Supreme Court of the Slovak Republic and other courts.
(2) Further details of the judicial system, jurisdiction of the courts, their structure, and procedural rules shall be established by law.
Article..144
(1) Judges shall be independent and bound only by law.
(2) Judges shall be bound also by international instruments if so provided by the Constitution or the law.
(3) In the case where the court establishes that a generally binding rule contradicts the law, the proceedings shall be postponed and a petition shall be filed in the Constitutional Court. The finding of the Constitutional Court of the Slovak Republic shall be binding on the original court and all other courts.
Article..145
(1) A judge shall be elected by the National Council of the Slovak Republic on the advice of the Government of the Slovak Republic for a four-year term. Upon the completion of this term, the National Council, on the advice of the Government of the Slovak Republic, shall elect the judge again for an indefinite term.
(2) The President of the Supreme Court and Vice-Presidents of the Supreme Court of the Slovak Republic shall be elected by the National Council of the Slovak Republic from among the judges of the Supreme Court for a five-year term for no more than two consecutive terms.
Article..146
Any judge may resign from office.
Article..147
(1) A judge shall be removed from office by the National Council of the Slovak Republic:
* a) upon a conviction of a malicious offense;
* b) upon a disciplinary measure imposed for professional misconduct.
(2) The National Council of the Slovak Republic may remove a judge
* a) who has been unable to perform judicial duties for reasons of bad health for not less than one year;
* b) who has attained sixty-five years of age.
(3) Prior to such removal, the National Council of the Slovak Republic shall require the opinion of the appropriate disciplinary tribunal.
Article..148
(1) The status, powers and duties of judges shall be fixed by law.
(2) The procedure required for the appointment of lay judges shall be specified by law.
