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VZNIK A ZÁNIK BEZPEČNOSTNEJ RADY SLOVENSKEJ REPUBLIKY

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Giba M., PažitnýSECURITY COUNCIL MEMBER OF THE GOVERNMENT CONSTITUTION SLOVAK REPUBLIC F.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2024
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vol. 107
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issue 1
24 – 40
EN
In this article, the authors deal with several practical constitutional issues related to the creation of the Security Council of the Slovak Republic. In addition to the establishment and termination of individual membership in this body, the question of establishment and termination of this body as a whole appears to be particularly important. This issue is not addressed at all in the constitutional texts, although it is explicitly and clearly enshrined in the statute of the Security Council. However, in recent times, the practice has repeatedly brought some steps that directly contradicted the provisions of the statute. Therefore, from a theoretical and practical point of view, it is necessary to analyse the legislation and procedures related to the issue of creation of the Security Council, in an effort to find their constitutionally compliant solution. In this context, it will also be necessary to examine the question of whether there are any applicable legally binding constitutional customs related to the constitutional regulation of the creation of the Security Council, or whether their existence is, at least, prospectively conceivable. The main goal of the authors is to answer the question of whether the procedures implemented since 2018 when changing the appointed members of the Security Council are conform or not to the constitutional norms.
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