Competence change according to the amendment to the Con­stitution of 2001 and practical application in the Constitutional Court of the Slovak Republic Cover Image

Zmena kompetencie podĺa novelizácie ústavy roku 2001 a jej uplatnenie v konaní pred ústavným súdom Slovenskej republiky
Competence change according to the amendment to the Con­stitution of 2001 and practical application in the Constitutional Court of the Slovak Republic

Author(s): Ján Drgonec
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Competence change;Constitutional Court of the Slovak Republic;

Summary/Abstract: The Constitutional Court of the Slovak Re­public had been created through constitutional law no. 7/1991. Due to this regulation, however, it never has been really established. In fact, the Court started its working later, under the Constitution Of The Slovak Republic approved on 1 September 1992. The rules of sitting and deciding of the Court are given by the Law no. 38/1993. Both sources of law, The Consti­tution and the Law on the Constitutional Court have been amended through the years. Last time it occu­rred in 2001 (the Constitution), and in 2002 when the Law no. 38/1993 has been amended through the Law no. 124/2002. The result of the latest change is a new approach to the protection of the constitutionality. The Constitutional Court formally is the only authority in the matters of protection of the Constitution. Nevertheless, the Court now ís just a subsidiary authority for the protection of fundamental rights and duties vi­olated by any public authority. Solely if the general judiciary has no power to decide on such a case, the Constitutional Court is asked in. The examples of re­strictive manner in which the restricted competence is enforced by the Constitutional Court are also refered to within the paper.

  • Issue Year: 10/2002
  • Issue No: 2
  • Page Range: 110-121
  • Page Count: 12
  • Language: Slovak