Selected decisions

of the Constitutional Court of the Slovak Republic

No. Reference Number Headnotes  
1.

I.ÚS 575/2016

6-12-2017

When appointing judges to the Constitutional Court, the President is bound by the pre-selection made by Parliament and may not dismiss a candidate by introducing criteria other than those expressly specified in the Constitution for that position.

Relations with legislative bodies/Appointment/Right to participate in public affairs

2.

PL.ÚS 7/2017

31-5-2017

In exercising the power to issue amnesties and grant pardons, the President of the Republic must respect the principles of democracy and rule of law, otherwise the amnesties and pardons may be annulled, if the violation of those principles is more severe than the violation of the legal certainty of those who benefited from them.

Separation of powers/Rule of law/Certainty of the law/Prohibition of arbitrariness/Head of State/Non-retrospective effect of law

3.

I.ÚS 549/2015

16-3-2016

The mere absence of ownership on the part of the seller does not automatically make the purchase contract invalid if the purchaser acted in good faith that he was buying from the rightful owner and had good reasons to believe so.

Right to property

4.

PL.ÚS 5/2015

18-11-2015

Courts of arbitration in the Slovak Republic, whose power to settle legal disputes is based solely on private agreements by parties to arbitration proceedings, do not possess the status of public authority notwithstanding the fact that their decisions are binding and enforceable. The Constitutional Court, before which only decisions or procedural measures taken by public authorities may be reviewed, therefore does not have jurisdiction over complaints against decisions or procedural measures taken by such courts.

Scope of review/Arbitration

5.

PL.ÚS 10/2014

29-04-2015

Obliging telecommunications and internet providers to store data concerning communications parties in case prosecuting authorities should require them, regardless of whether these communications parties' conduct may be linked to serious crime and without providing safeguards against possible misuse of these data, constitutes a violation of the right to private life for failing the second part of the proportionality test due to not being necessary for achieving the pursued objective.

Proportionality/General interest/Right to private life/Telephonic communications/Electronic communications

6.

PL.ÚS 14/2014

04-11-2015

The constitutional principle of the protection of economic competition does not entail the State’s obligation to preserve unsuccessful entrepreneurs from being closed down because loss-making entrepreneurs inevitably leave markets in regular economic competition. It follows that the duty to pay a minimum income tax imposed upon entrepreneurs that make a tax loss does not run counter to the principle of protection of economic competition, even if it leads to liquidation of such entrepreneurs.

Proportionality/Reasonableness/Equality/Prohibition of arbitrariness/Market economy/Public finances/Taxation/Positive obligation of the state

7.

PL.ÚS 10/13

10-12-2014

The importance of the protection of public health from outbreaks of infectious diseases outweighs the importance of the protection of natural persons from interference with their physical and psychological integrity as part of the right to respect for private life. The public interest in protecting public health and lives of members of society by preventing infectious diseases from spreading through compulsory vaccination must be preferred to the right of an individual to respect for private life.

General interest/Positive obligation of the state/Limits and restrictions/Scientific and medical treatment and experiments/Right to health

8.

PL. ÚS 4/12

24-10-2012

The President of the Republic, who appoints the Prosecutor General upon the proposal of Parliament, has limited powers to consider the integrity of a candidate.

Distribution of powers between State authorities/Universally binding interpretation of laws/Representative democracy/Separation of powers/Relations with legislative bodies/Appointment

9.

PL.ÚS 24/14

28-10-2014

The irrevocability of human rights means that the standard (level) of human rights as set in the constitutional text cannot be reduced. If the subject of a referendum would lead to the broadening of human rights, such a referendum would be constitutionally acceptable. If the subject of the referendum would reduce human rights to such a degree that it would jeopardise the nature of the rule of law, such a referendum would not be constitutionally acceptable.

Admissibility/Right to private life/Right to marriage/Right to education/Referendum

10.

PL.ÚS 99/11

11-12-2013

The acceptance that judges may be penalised because of the government's economic policy or the legislation responsible for budget management incorporates an arbitrary and non-foreseeable component into their remuneration. This is contrary to the principle of judicial independence and the principle of rule of law. «Penalising» for the situation of public finances must be distinguished from an acceptable temporary freeze of remuneration.

Budget/Independence/Austerity measures

11.

PL.ÚS 13/12

19-06-2013

 

A law that raises wages of nurses too much and too quickly may be contrary to the right to property of private health care providers.

Foreign case-law/Employment/Right to property/Freedom to work for remuneration

 

12.

PL.ÚS 111/11

04-07-2012

The public interest in preserving certain property of the State for certain unique and public purposes cannot be disputed. It will, however, be constitutionally unacceptable if its statutory construction poses such a restriction on the right of individuals and entities entering into legal relationships with the State that they cannot exercise their rights properly and they become illusory.

Proportionality/Weighing of interests/Civil proceedings/Effective remedy/Other limitations

13.

PL.ÚS 3/09

26-01-2011

The legislature is entitled to pursue significant reform of the health care system in the legitimate public interest, but this must be done in conformity with the Constitution, which requires, in particular, that the legislature must take into account any ensuing interference with the position of legal entities which have provided health care insurance in good faith before the amendment, and must undertake to address such interference.

Certainty of the law/Right to property/Commercial and industrial freedom/Right to health

14.

II.ÚS 348/09

16-02-2010

A general court may not vitiate the (possible) legality of an assembly, which was originally banned by a local authority, by the fact that it does not review that ban in the three-day period required by the Law on Assembly.

General/special clause of limitation/Subsequent review of limitation/Freedom of assembly

15.

PL.ÚS 14/06

23-09-2009

The President of the Slovak Republic, as Head of State, reviews the legally enshrined criteria for the qualifications of a candidate for the post of Vice-Governor of the Central Bank and should reject the candidate's application if, in his or her evaluation, candidate´s qualifications do not meet these criteria.

Executive bodies/Distribution of powers between State authorities/Universally binding interpretation of laws/Opinion/Relations with the executive bodies/Central bank

16.

PL.ÚS 12/01

04-12-2007

Abortion on demand of a pregnant woman in the first 12 weeks of pregnancy is in conformity with the right to life (including the clause stating that human life is worthy of protection even before birth) as set in the Constitution.

Proportionality/Margin of appreciation/Right to life/Right to private life/Abortion

17.

PL.ÚS 6/08

11-02-2009

Election deposits to both the national and the European Parliament at the present level is constitutionally acceptable. Preventing those serving prison sentences from exercising the right to stand for election does not breach the Constitution. Preventing prisoners from exercising the right to vote in elections to both the national and the European Parliament is not in conformity with the Constitution, but preventing them from voting in elections to local and regional councils is constitutionally acceptable.

Eligibility/Registration of parties and candidates/Elections/Right to vote/Right to stand for election

18.

II.ÚS 111/08

26-06-2008

Under Slovak extradition legislation, there are two stages to decision-making on extradition. The first is done by ordinary (criminal) courts, and the second by the Minister of Justice. The ordinary legislation in literal terms and in literal interpretation only allows the Minister to take account of important human rights. In practice, however, the ordinary courts must also take human rights into account and carry out the «substantial grounds for believing» test. This duty derives from the principle that the courts are in the first place protectors of human rights; also from the direct applicability of the Constitution and human rights-treaties; and from the fact that decision-making by the Minister cannot be considered as an effective legal remedy.

Rule of law/Foreigners/Non-derogable rights/Prohibition of torture and inhuman and degrading treatment/Effective remedy

19.

III.ÚS 381/06

29-03-2007

The substantive legal effects of a judgment to the effect that a legal provision is in conflict with the Constitution of the Slovak Republic are binding ex tunc for all parties to proceedings in individual cases which have not been finally adjudicated by the time of publication of the judgment on the conflict. To decide otherwise would be against the principle of the observance of constitutionality. It would also be an unacceptable interpretation of the principle of legal certainty.

Retrospective effect (ex tunc)/Ex nunc effect/Ongoing cases/Rule of law/Certainty of the law

 

All short versions of these selected decisions of the Constitutional Court of the Slovak Republic are available at:http://www.codices.coe.int/

Create Date: 15. 7. 2015
Last Modified: 23. 7. 2019