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Specialised courts - Slovakia

The language version you are now viewing is currently being prepared by our translators.
Please note that the following languages: Slovak have already been translated.

This section provides information on the organisation of specialised courts in Slovakia.


Administrative courts

Matters of administrative law mainly fall under the authority of regional courts (krajský súd) and the Supreme Court of the Slovak Republic (Najvyšší súd Slovenskej republiky).

The Slovak Republic does not have separate administrative courts; rather, there are separate chambers of administrative judges.

Specialised courts

The Constitutional Court

The Link opens in new windowConstitutional Court of the Slovak Republic (Ústavný súd Slovenskej republiky) is an independent judicial body empowered to rule on the Link opens in new windowconstitutionality of legal norms.

The seat of the Constitutional Court is in Košice, at Hlavná 110, Košice 042 65, with another office of the Constitutional Court of the Slovak Republic located in Bratislava at Župné námestie 12.

Competences

In line with the Constitution of the Slovak Republic, the Constitutional Court rules on whether:

  • laws conform to the Constitution, constitutional laws and international treaties endorsed by the National Council of the Slovak Republic and ratified and promulgated in the manner laid down by the law;
  • government regulations, and legal norms of general application of ministries and other central government bodies conform to the Constitution, constitutional laws and international treaties endorsed by the National Council of the Slovak Republic and ratified and promulgated in the manner laid down by law;
  • regulations of general application conform to the Constitution (Article 68), constitutional laws and international treaties endorsed by the National Council of the Slovak Republic and ratified and promulgated in the manner laid down by law, unless another court is required to rule;
  • legal norms of general application of local bodies of central administration and regulations of general application of bodies of self-governing entities (under Article 71(2)) conform to the Constitution, constitutional laws and international treaties promulgated in the manner laid down by law;
  • government regulations and legal norms of general application of ministries and other central government bodies conform to the Constitution, constitutional laws, international treaties promulgated in the manner laid down by law, and to laws, unless another court is required to rule.

The Constitutional Court must also:

  • decide on the conformity of negotiated international treaties for which both the assent of the National Council of the Slovak Republic and conformity with the Constitution and/or a constitutional law is required;
  • decide whether the subject of a referendum to be held in response to a petition of citizens or a resolution of the National Council of the Slovak Republic (under Article 95 (1)) conforms to the Constitution and/or a constitutional law;
  • decide on disputes over competences between central government bodies, unless the law provides that another state authority must rule on these disputes;
  • decide on complaints lodged by natural or legal persons pleading violations of their fundamental human rights or freedoms under an international treaty ratified by the Slovak Republic and promulgated in the manner laid down by the law, unless another court must rule on the protection of these rights and freedoms;
  • decide on complaints lodged by bodies of self-governing entities on the unconstitutionality or unlawfulness of decisions on or interference with matters of self-government, unless another court must decide on their protection;
  • interpret the Constitution or a constitutional law when a matter is disputable;
  • decide on complaints lodged against a decision confirming or rejecting the mandate of a member of parliament;
  • decide whether elections (of the President of the Slovak Republic, to the National Council of the Slovak Republic and to bodies of self-governing entities) were held in conformity with the Constitution and other applicable laws;
  • decide on complaints lodged against the result of a referendum or the result of a plebiscite on removing the President of the Slovak Republic;
  • decide whether a decision to dissolve a political party or movement or to suspend its political activities is in conformity with constitutional and other laws;
  • decide on impeachment, initiated by the National Council, of the President of the Slovak Republic for wilful infringement of the Constitution or treason;
  • decide whether a decision declaring a state of exceptional circumstances or a state of emergency and other decisions connected with such a decision were issued in conformity with the Constitution and/or a constitutional law.

Composition of the court

The Constitutional Court is composed of 13 judges.

The judges of the Constitutional Court are appointed by the President of the Slovak Republic for a 12-year term upon a proposal by the National Council of the Slovak Republic. The National Council must nominate twice the number of candidates as will be appointed by the President.

Other relevant information

Decisions of the Constitutional Court must be taken by a panel of 3 members (the chamber) or in plenary session.

The Constitutional Court’s decisions are final: that is, appeals against such decisions are not possible.

The Constitutional Court can initiate proceedings upon receipt of a motion submitted by:

  • at least one-fifth of all members of the National Council of the Slovak Republic,
  • the President of the Slovak Republic,
  • the Government of the Slovak Republic,
  • a court,
  • the Prosecutor-General (generálny prokurátor),
  • anyone on whose right a hearing should be held in cases under Article 127 (appeals lodged by natural or legal persons) and Article 127a (appeals by bodies of self-governing entities),
  • The Supreme Audit Office of the Slovak Republic (Najvyšší kontrolný úrad Slovenskej republiky) in cases provided for in Article 126 (2) (whether or not the Supreme Audit Office has jurisdiction),
  • the Ombudsman in matters relating to the constitutionality of legislation under Article 125 (1) (whether or not the subject of a referendum to be held upon a petition of citizens or a resolution of the National Council of the Slovak Republic complies with the Constitution and/or a constitutional law), where the further application of such legislation may jeopardise the fundamental rights or freedoms or human rights and fundamental freedoms arising from an international treaty ratified by the Slovak Republic and promulgated in the manner laid down by law.

Legal databases

The Link opens in new windowwebsite of the Constitutional Court of the Slovak Republic provides free access to:

  • decisions of the court,
  • reports on findings and rulings,
  • press statements,
  • international activities,
  • information about the court.

The Special Criminal Court

The Special Criminal Court (Špecializovaný trestný súd) in Pezinok was created in 2009 as a successor to the Special Court. The Criminal Court rules on criminal matters. It is a court of first instance positioned at the same level as regional courts. Act No 291/2009 on the Special Criminal Court and amending certain laws lays down the competences and functions of this court.

Contact details of the Special Criminal Court of the Slovak Republic:

Address: Suvorovova č. 5/A, P. O. BOX 117, 902 01 Pezinok
Tel: +421 33 69 031 14
Fax: +421 33 69 032 72

Competences

The Special Criminal Court has jurisdiction to hear cases involving the following offences:

  • first degree murder,
  • duress and undue influence in relation to public procurement and public auctions under Section 266 (3) of the Criminal Code,
  • forgery and counterfeiting of currency and securities under Section 270 (4) of the Criminal Code,
  • misfeasance in public office under Section 326 (3) and (4) of the Criminal Code in conjunction with offences under subparagraphs (b), (c), (e), (f), (g), (h), (k) or (l);
  • receiving a bribe under Sections 328 to 331 of the Criminal Code,
  • bribery under Sections 332 to 335 of the Criminal Code,
  • indirect corruption under Section 336 of the Criminal Code,
  • electoral bribery under section 336a of the Criminal Code,
  • creating, organising or promoting a criminal or terrorist group,
  • particularly serious offences committed by criminal or terrorist groups,
  • offences against property under Title Four of the special part of the Criminal Code or economic offences under Title Five of the special part of the Criminal Code, where the offence resulted in damage or a gain of at least 25 000 times the amount of minor damage under the Criminal Code or where the extent of the offence committed amounts to at least 25 000 times the amount of minor damage under the Criminal Code,
  • damage to the financial interests of the European Communities,
  • offences related to those listed above where the conditions for joined proceedings are met.

The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 18/03/2019