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1

ZRUŠENIE ROZHODNUTÍ O AMNESTII ÚSTAVNÝM ZÁKONOM

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 4
318 – 340
EN
The National Council of the Slovak Republic dealt also in V. election period in the draft of the Constitutional Act on the Annulment of certain decisions on amnesty. The draft of the Constitutional Act was not approved. In 1999 the Constitutional Court of the Slovak Republic ruled that the President is not authorized to annul the decision on Amnesty. The question arises, whether such annulment power has National Council of the Slovak Republic as the highest representative body of the Slovak Republic, namely by an Constitutional Act. This idea could be possible in terms of a poly legal constitution. The author controverts with such power of the National Council of the Slovak Republic and he argues that the National Council of Slovak Republic is in its constitutional power limited. This limitation represents the implicit material core of the constitution, which the author classifies as the principles of the rule of law and inviolable, inalienable, imprescriptible and indefeasible fundamental rights and freedoms. In relation to the Constitutional Act on the Annulment of some decisions on Amnesty refers to conflict with the principle of separation of powers and also to the absence of generality of such Constitutional Act.
2

CHARAKTER NÁVRHU PRIJATÉHO V REFERENDE

100%
Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 5
497 – 512
EN
The referendum is part of the constitutional arrangements from the adoption of the Constitution of the Slovak Republic since 1992. Practical experience is except from one of a referendum only related to referendums, which were not valid. The referendum and its place and importance in the Slovak constitutional system are of interest of constitutional law, political science, sociology, as well as the media and the public. Individual elements of constitutional arrangement are evaluated in terms of their contribution to meeting the spirit of the referendum, respectively if they create barriers to its effective use in the public life of the Slovak Republic. The contribution is based on the basis that constitutional arrangement of the referendum is essentially right and focuses on the outcome of the referendum - to investigate the nature of the proposal adopted by referendum. The author assumes that citizens in referendum decide on important issues of public interest. The result of the referendum is announced in the Collection of Laws. From a constitutional arrangement the author based of the decisional activity of the Constitutional Court concludes that the result of a referendum is a generally biding legal act. As a result of the decisions of citizens has prevail over Acts of Parliament. The proposal adopted by a referendum can be self-executing, that don´t needs law for its enforcement, but also that, for the implementation of which is the adoption of a law required. In this case, the proposal adopted by referendum is also a command to the legislative procedure of the Parliament. To emphasize the nature of the proposal adopted by referendum, the contribution offers suggestions for amendment of the Constitution of the Slovak Republic.
3

Transformation of the Constitutional System of the Slovak Republic (?)

100%
Balog B.
Creative and Knowledge Society
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2011
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vol. 1
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issue 2
70-82
EN
Purpose of the article is to analyze the Constitutional Act No. 356/2011 Z. Coll. amending the Constitution of the Slovak Republic in terms of its compatibility of the constitutional system of the Slovak Republic. The article analyzes the potential impact of amendment to the Constitution of the Slovak Republic on the Parliamentary form of the government of the Slovak Republic and examine the consistency of Art. 115 Para 3 of the Constitution of the Slovak Republic with another provisions that relate to it. The purpose of the article is to identify some problems that brought amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3 and points out its incompatibility with the constitutional text. This article also discusses a possible shift in the parliamentary constitutional system of the Slovak Republic which the Constitutional Act brought.Methodology/methods used in the article is the analysis of the Constitutional Act No. 356/2011Coll. by induction from the concrete wording of Art. 115 Para 3 of the Constitution of the Slovak Republic to the conclusions in relation to the entire text of the Constitution of the Slovak Republic and to the whole constitutional system of the Slovak Republic Scientific aim is to point to the shortcomings of the Constitutional Act No. 356/2011 Z. Coll., not only from the perspective of constitutional interpretation, but potentially also in terms of practice and also show the wrong trend of breaking the internal unity and coherence of the constitutional system of the Slovak Republic by half-baked changes to the text of the Constitution of the Slovak Republic Findings are specific and severe systemic disorders that brought the amendment to the Constitution of the Slovak Republic by the Constitutional Act No. 356/2011 Coll. of Art. 115 Para 3. The Article identifies three concrete problems and the subsequent practice may bring some other issues that were not known at the time of processing of this Article Conclusions are directed to the fact, that the Constitutional Act No. 356/2011 Coll. means internal disturbance of the constitutional system of the Slovak Republic, brings more problems than constructive solutions and potentially deflects the parliamentary constitutional system of the Slovak Republic to the semi-presidential.
4

ÚSTAVNOPRÁVNY REŽIM VYSTÚPENIA SLOVENSKEJ REPUBLIKY Z EURÓPSKEJ ÚNIE

63%
Svák J., Balog B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 6
511 – 525
EN
The Treaty of Lisbon for the first time specifically solves the withdrawal of a Member State from the European Union. The actual withdrawal under the Art 50 of the Treaty on European Union adjusts the proceedings on the level of the European Union, but also assumes the prevent approval of the decision on withdrawal from the European Union on the level of the Member State. The Treaty on European Union presupposes the existence of national constitutional requirements for this process. In the present paper are therefore outlined the basic constitutional context of national decisions about the withdrawal of the Member State from the European Union and are outlined possible solutions in the Slovak Republic.
5

POVINNOSŤ PARLAMENTU PRIJAŤ ZÁKON?/!

63%
Balog B., Trellová L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 1
25 – 43
XX
The paper analyzes the status of the Parliament in connection with the examination of the existence or absence of its obligation to adopt the law in situations that are analyzed in this paper. It is a question of obligations of the Parliament to adopt laws, if based on a valid referendum give citizens order to the Parliament for the adoption of such legislation, which reflect the results of a valid referendum into a law. Furthermore, it is effect of so called positive commitment of State which, under the authors‘ opinion in a material Rule of Law constitutes an obligation of the Parliament to adopt a law whether laws that would fill and guarantee constitutional rights and freedoms which, by their nature require an adjustment in the form of law. Finally, it is the adoption of laws as a result of implementation of legally binding acts of the European Union. Despite of the absence of constitutional sanctions for the fulfillment of the obligation of the Parliament to adopt the law, the authors express their opinion that in these cases arises for the Parliament the obligation to adopt the law. For a valid referendum at the same time the authors suggest the possible constitutional sanction, namely the dissolution of the Parliament.
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