ÚSTAVNOPRÁVNE POSTAVENIE PREZIDENTA V ÚSTAVE SLOVENSKEJ REPUBLIKY

• Authors: Dušan Nikodým

Title variants

EN

Constitutional position of the President in the Constitution of the Slovak Republic

• Languages of publication: SK

Abstracts

EN

Over the period of twenty years the Constitution of the Slovak Republic underwent extensive changes, which manifested themselves among the others in the constitutional position of the President. The author points out problems that influenced the division of power in the relationship of the head of the State to the parliament, the government and the judiciary. The Constitution of the Slovak Republic No. 460/1992 Coll. showed several conceptual deficiencies that were not adequate to the parliamentary form of government and the others that required specification to avoid problems with its application. The amendments of the constitution from the years 1998 – 2010 were implemented in order to remove these deficiencies. The author also offers some suggestions de lege constitutione for the purpose of legal regulation of the competences of the President in his neutral position. The author regards as inappropriate the amendment of the constitution through the Constitutional Act No. 356/2011 Coll. which provides that in case of loss of trust in national government the President may grant the prior consent to some of the competences entrusted with the national government until the appointment of a new government.

Keywords

EN

CONSTITUTION; PRESIDENT; COMPETENCY; PARLIAMENTARY DEMOCRACY; EUROPEAN UNION; EU; SLOVAKIA

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2012
• Volume: 95
• Issue: 5
• Pages: 418 – 431

Contributors

author

Dušan Nikodým

• Ústav štátu a práva SAV, Bratislava, Slovak Republic