LEGISLATIVE PROCESS IN THE SLOVAK REPUBLIC AND EXISTING LEGAL AND CONSTITUTIONAL DISPUTES REGARDING TO EU LAW
LEGISLATIVE PROCESS IN THE SLOVAK REPUBLIC AND EXISTING LEGAL AND CONSTITUTIONAL DISPUTES REGARDING TO EU LAW

Summary/Abstract: The article was analysing the contemporary problems and disputes of legislative and decision-making process in the Slovak Parliament and the concrete problem of implementation legislative rules and existence of legislative gaps in the legal system. Main legislative gaps as considered are two: the first one, possibility to adopt the act in extraordinary „shorten” procedure due to some very vaguely stated reasons for such proceeding application, and the second one, adoption of an amendment to a legislative act in the form of in-direct modification, via the substantially different law. This means a possible violation of the legislative rules and also a threat to the principle of legal certainty. As stated in the article, there is a case against Slovakia in proceedings before the European Court of Human Rights based on this legislative mistake. A certain part of the article is focused on missing procedural rules when promulgating the results of a facultative referendum as an instrument of the public voice hearing in the system. The rules are stated in the constitution in a very silent way, what lead in practice, especially in the case of the last referendum, to many questions on binding and enforcement of such results in practice. There is missing a constitutional court´s interpretation and regarding to this, there is no case law. We can refer only to the constitutional practice and general democratic principles and values, what is usually vague and inefficient practice.

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