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ZÁRUKY ZAISTENIA SOCIÁLNEJ ÚROVNE JEDNOTLIVCA

100%
Lacko M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 5
487 – 506
EN
In identifying legal guarantees aimed at ensuring the social level of the individual, which is significantly created by the constitutional social rights expressed by statutory legislation, we face problems of interpretation of the definition of basic human right and freedom. The Constitution of the Slovak Republic associates this concept in practice only with the fundamental rights and freedoms of the “first generation”. As well as relative and accessorial nature of constitutional social rights are based mainly on the formulation of the Art. 51 Paragraph 1 of the Constitution of the Slovak Republic, they don´t guarantee a sufficient level of social assurance of an individual. The above mentioned is a serious deficiency in relation with the purpose of social rights, which is to ensure a reasonable degree of individual freedom through equality in material guarantees. Despite the lower legal availability of the essence of social rights within all the application or enforceability of (constitutional) social rights of an individual, it cannot be considered as a refusal of rights pertaining to an individual (citizen). The state is obliged to ensure and provide guarantees ensuring social level of the individual and it is through respecting the principles of the Rechtsstaat in its established and regulated legal environment. Full respect of the constitutional principles of Rechtsstaat eliminates illegitimate interventions in social-legal status of an individual, which, by their intensity, would fundamentally change the quality level of the individual’s status. Analysis of the decisions of the Constitutional Court of the Slovak Republic is apparent insufficient to ensure a balance between the principle of equality and the principle of certainty. Finally, the state is obliged to comply with the non-excludable (special) economic dimension of the real individuals’ access to their constitutional social rights via state resources, which in accordance with Art. 55 Paragraph 1 of the Constitution of the Slovak Republic are created within a market economy based inter alia on the social principles.
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