Meeting Beaulieu-sur-Mer 10-11 March 2006- Slovakia
Slovak report on the occasion of the annual meeting of administrative judges
Beaulieu-sur-mer, 10-11 March 2006
Jana Baricova, judge of the Supreme Court
A. LEGAL FRAMEWORK
1. According to Article 7 Section 2 of Slovak Constitution the Slovak republic may, by an international treaty ratified and promulgated as stipulated by law, or on the basis of such treaty, transfer the execution of a part of its rights to the European Communities and European Union. Legally binding acts of the European Communities and European Union shall take precedence over the laws of the Slovak republic. Undertaking of legally binding acts that require implementation shall be carried out by law or a statutory order pursuant to article 120 Section 2.
According to Article 7 Section 5 of Slovak Constitution international treaties on human rights and fundamental freedoms, international treaties whose executions does not require an act and international treaties which directly establish rights or obligations of natural persons or juridical persons and which were ratified and promulgated as required by law shall take precedence over the laws.
As to community law we are accepting the primacy of the community law.
2. Justice in the Slovak Republic is administered by independent and impartial courts. Justice at all levels is administered independently of other state bodies. Courts decide on civil law and criminal law matters; reexamine the legitimacy of public administration bodies’ decisions and legitimacy of decisions, measures or other acts of the public authority bodies, if so stipulated by law. Our administrative justice is a part of our universal justice.
According to Article 144 Section 1 of Slovak Constitution judges are independent in execution of their function and bound solely by the Constitution, constitutional laws and international treaties stipulated in Article 7 Section 2 and 5 and Laws.
The Slovak Constitutional Court shall be an indipendent judicial authority vested with the mandate to protect the constitutionality. The Constitutional Court shall decide on the comformity of laws, government regulationes, generaly binding regulationes with the Costitution, constitutional laws and international treaties and community law to which the National Council of the Slovak republic has expressed its assent and which werw ratified and promulgated in the manner by a law. The Constitutional Court shall also decide on the comformity of negotiated international treaties to which the assent of the National Council of the Slovak republic with the Costitution and constitutional laws is necessary.
3. The regulations are directly part of our legislation, the directives are implemented by The Parliament in creating national laws.
B. USUAL ATTITUDE OF ADMINISTRATIVE JUDGE TOWARDS COMMUNITY LAW
1. Judges can interpret EC Law by themselves. In case involving community law, judges, if in doubt as to the interpretation or validity of that law, may, and in some cases must, seek a preliminary ruling from the ECJ on the relevant questions.
2. Almost all judges have taken at least some courses in community law. Thus Slovak judges should know the principles of the community law.
3. All Courts are obliged to consider whether there is a breach of EC Law, but there are many judges who don’t know community law enough to apply it ex officio, but in principle we do so.
4. We accept the primacy and supremacy of community law.
5. All the methods mentioned in this point of the questionnaire, are permissive. When we apply community regulations we of course refer directly to the regulation. EC Law and general principles derived from ECJ case law are expressly quoted in judgements.
C. INSTRUMENTS USED BY ADMINISTRATIVE JUDGE
1. Only the Constitutional Court can hold by its decision that there is inconsistency between the legal regulations, than the effectiveness of the respective regulations, their parts or their provisions shall terminate lose effect. Ordinary judge can suspend the proceedings and send the request to The Constitutional Court for resuming standpoint or taking decision.
According to Article 144 Section 2 of Slovak Constitution if the court is of the opinion that another generally binding legal regulation, its part or particular provision related to the subject-matter of the proceeding contravenes the Constitution, constitutional laws, international treaties stipulated in Article 7 Section 2 and 5 or laws, it will interrupt its deliberations and propose that a proceeding under article 125 Section 1 of the Constitution is initiated. The Finding of the Constitutional Court of the Slovak republic in binding for the all courts.
2. - 4. Judge will not use an national law in the case in which it is in contrary to community law without waiting to quash this national regulation by parliament or terminate its effect by the Constitutional Court.