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VŠEOBECNÉ USTANOVENIA O KONANÍ PRED ÚSTAVNÝM SÚDOM. KRITICKÉ POZNÁMKY K NOVÉMU ZÁKONU (II.)

100%
Mazák J., Jánošíková M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 2
97 – 113
EN
The authors analyse critically the General Provisions (GP) of the new act on the Constitutional Court which becomes legally binding from the 1th March 2019. The purpose of the GP shall be simplify and make more effective the whole procedure before the Constitutional Court. There are several reasons why this aim has not been achieved. The legislative process suffered from the severe flaws. Provisions concerning a proposal of initializing of proceedings and other submissions are unclear. The position of the parties and their representatives including participating parties is not very stable. The authors express some doubts on impartiality of judges in relation to their political past. They criticize the lack of consequences of a procedural decision by which the proposal of initializing is rejected only for the reason that in favour of it has voted less than seven judges. Finally, a supporting application of Civil Dispute Code is not enough for a proper functioning of the Constitutional Court.
2

KONANIA O OCHRANE ÚSTAVNOSTI PRED ÚSTAVNÝM SÚDOM SLOVENSKEJ REPUBLIKY. KRITICKÉ POZNÁMKY K NOVÉMU ZÁKONU (III.)

100%
Mazák J., Jánošíková M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2019
|
vol. 102
|
issue 3
183 – 203
EN
The authors analyse critically the selected proceedings before the Constitutional Court on conformity of legal rules, on constitutional complaints and on interpretation of a constitution and constitutional acts. They conclude that the legislator has adopted the new act on the Constitutional Court without taking into account the results of the case law and legal jurisprudence which have been achieved on the basis of former act on the Constitutional Court. Such an approach of the legislator leads to a couple of erroneous provisions which should be amended or annulled.
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