Nespôsobilosť prezidenta Slovenskej republiky na výkon funkcie – garantovanie funkčnosti ústavného systému či možnosť odstavenia hlavy štátu?
Incapacity of the President of the Slovak Republic for the Performance of his/her Duties – Guaranteeing the Functionality of Constitutional System or the Possibility of “Shut down” the Head of State?

Summary/Abstract: The article draws attention to current legal regulation presupposing a possibility that the President of the Slovak Republic may become unable to perform presidential duties, with which the Constitution links significant consequences. The aim of the paper is to assess whether existing regulation sufficiently ensures proper exercise of presidential powers even if the President is incapable to perform presidential duties. However, also potential abuse of legal regulation is dealt with. Therefore, the paper examines whether the incapacity of the President presumed by the Constitutution could be used to enforce a decision, which the head of State opposes, or, conversely, to prevent adoption of a decision by the head of State itself. The conclusion of the paper also includes, in the context of a brief comparison with constitutional arrangements in other V4 countries, formulation of proposals de lege ferenda.

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