Slovakia 1992 Constitution (reviewed 2017)

CHAPTER SIX. Executive Power

Part One. The President of the Slovak Republic

Article 101

1. The President is the head of state of the Slovak Republic. The President represents the Slovak Republic both outwardly and through his decisions ensures due performance of constitutional bodies. The President performs his office according to his/her best conscience and conviction, and is not bound by any orders.
2. The President of the Slovak Republic is elected by the citizens of the Slovak Republic in direct elections by secret ballot for a period of five years. All citizens with the right to vote in the National Council of the Slovak Republic have the right to vote the President.
3. The candidates for President are nominated by no less than 15 Members of Parliament or by the citizens with the right to vote in National Council of the Slovak Republic on the bases of a petition signed by at least 15 000 citizens. The nominations are submitted to the Speaker of the National Council of the Slovak Republic not later than 21 days after the elections have been called.
4. The candidate who gets more than one-half of all valid votes of eligible voters is elected President. If no candidate gets necessary majority of votes by voters, a second ballot is held within 14 days. Those two candidates progress to the second ballot who got the highest number of the valid votes. In the second ballot, that candidate who got the highest number of all valid votes of the participating voters is elected President.
5. If any of the two candidates who got most valid votes in the first ballot ceases to be eligible to by elected President prior to the second ballot, or waives the right to run for the office, the candidate who received in the first ballot the next highest number of votes proceeds to the second ballot. If there are not two candidates for the second ballot, the second ballot will not be held and the Speaker of the National Council of the Slovak Republic will call new elections within seven days so that they are held within 60 days thereof.
6. If there is only one candidate running for the office of the President, the election will take place in a way that a vote will be taken on him; he is elected President if he receives more than one-half of the valid votes from participating voters.
7. The elected candidate assumes the office of the President by taking the oath. He is sworn in before the National Council of the Slovak Republic by the Chairman of the Constitutional Court at noon on the day the former President’s term of office ceases.
8. If the President’s term of office terminated early, the elected candidate takes the oath and assumes the office of the President at noon of the following day after the announcement of the election results.
9. The Constitutional Court of the Slovak Republic decides on the constitutionality or lawfulness of the elections.
10. Details of the Presidential elections shall be laid down by law.

Article 102

1. The President
   1. represents the Slovak Republic outwardly and concludes and ratifies international treaties. He may delegate to the Government of the Slovak Republic or, with the Government’s consent, to individual members of the Slovak Republic, the conclusion of international treaties,
   2. may file with the Constitutional Court of the Slovak Republic a petition for a decision on the compliance of a concluded international treaty, which requires a consent of the National Council of the Slovak Republic, with the Constitution or a constitutional law,
   3. receives, accredits and recalls chiefs of diplomatic missions,
   4. calls the constituent meeting of the National Council of the Slovak Republic,
   5. may dissolve the National Council of the Slovak Republic if the policy statement of the Government of the Slovak Republic is not approved within six months after its appointment, if the National Council of the Slovak Republic failed to pass within three months a government draft law that the government tied with a vote of confidence, if the National Council of the Slovak Republic was incapacitated to make decisions for more than three months, although the session was not interrupted and during that time it was repeatedly called for sessions, or if the session of the National Council of the Slovak Republic was interrupted for more than permitted by the Constitution. The President may not exercise this right during last six months of his term, during war, state of war, or martial law. The President will dissolve the National Council of the Slovak Republic if in the public voting on removal of the President, the President was not removed.
   6. signs laws,
   7. appoints and recalls the prime minister and other members of the Government of the Slovak Republic, entrusts them with the management of ministries and accepts their resignation. Recalls the prime minister and other members of the Government in the cases listed in Articles 115 and 116,
   8. appoints and recalls the heads of central bodies and higher-level state officials and other officials in cases laid down by law; appoints and recalls university rectors, appoints university professors, appoints and promotes generals,
   9. awards distinctions, unless he empowers another body to do so,
   10. grants amnesty and pardon, lowers punishments imposed by courts in criminal proceedings and nullifies punishments by an individual clemency, or amnesty,
   11. is the supreme commander of the armed forces,
   12. declares war on the basis of a decision of the National Council of the Slovak Republic, if the Slovak Republic is attacked, or as a result of commitments arising from international treaties on common defense against aggression, and concludes peace agreement,
   13. upon the motion of the government of the Slovak Republic may order mobilization of armed forces, declare the state of war, or declare martial law, and the termination thereof.,
   14. calls referendums,
   15. can return to the National Council of the Slovak Republic any laws with comments within 15 days after their approval,
   16. presents to the National Council of the Slovak Republic reports on the state of the Slovak Republic and on important political issues,
   17. has the right to demand reports from the government of the Slovak Republic and its members necessary to perform its tasks,
   18. appoints and recalls the judges of the Constitutional Court of the Slovak Republic, President and Vice-President of the Constitutional Court of the Slovak Republic; takes oath of the judges of the Constitutional Court of the Slovak Republic and the oath of the General Prosecutor,
   19. appoints and recalls judges, Chief Justice and Deputy Chief Justice of the Supreme Court of the Slovak Republic, General Prosecutor and three members of the Judicial Council; takes oath of judges.
   20. shall decide on delegation of powers to the government and give approval for the exercising of its competences in accordance with Article 115.3.
2. President’s decision issued in accordance with Article 102, paragraph 1, letters c) and j), with respect to granting an amnesty, and pursuant to letter k) is valid after it is signed by the Prime Minister of the Slovak Republic or a minister authorized by him; in such cases the Government of he Slovak Republic shall be responsible for the President’s decision.
3. Terms of declaration of war, state of war, martial law, state of emergency and the way of execution of the public power in the time of war, declared state of war, declared state of emergency shall be laid down by a constitutional law.
4. Details of the execution of constitutional powers of the President under paragraph 1 may by laid down by law.

Article 103

1. Any citizen of the Slovak Republic may be elected President who can be elected to the National Council of the Slovak Republic and has reached the age of 40 on the day of elections.
2. The same person can be elected President in no more than two consecutive electoral periods.
3. The election of the President is called by the Speaker of the National Council of the Slovak Republic in a way that the first ballot is held no later than 60 days prior to the end of the acting President’s term of office. Should the office of the President become vacant prior to the end of the term of office, the Speaker of the National Council of the Slovak Republic calls the election of a President within seven days in a way that the first ballot is held no later than 60 days after the call thereof.
4. Should a Member of Parliament, member of the Government of the Slovak Republic, judge, prosecutor, member of the armed forces or armed corps, or chairman or deputy chairman of the Supreme Audit Office of the Slovak Republic be elected President, he will cease executing his previous function from the day of his election.
5. The President may not perform any other paid function, profession, or entrepreneurial activity and may not be a member of the body of a legal person engaged in entrepreneurial activity.
6. The President may resign from the office at any time; his term of office ceases on the day of handing over to the President of the Constitutional Court of the Slovak Republic a written notice of this decision.
7. The President of the Constitutional Court will notify the Speaker of the National Council of the Slovak Republic of the resignation in writing.

Article 104

1. The President is sworn in by the President of the Constitutional Court of the Slovak Republic before the National Council of the Slovak Republic by taking the following oath:”I promise on my honor and conscience to be faithful to the Slovak Republic. I will dedicate my effort to the well-being of the Slovak nation and the national minorities and ethnic groups living in the Slovak Republic. I will discharge my duties in the interest of citizens and will uphold and defend the Constitution and other laws.”
2. Refusing to take this oath, or taking it with reservations, results in the invalidity of the election of the President.

Article 105

1. If no President is elected, or if the office of the President becomes vacant before a new President is elected, or before the newly elected President has been sworn in, or if the President is unable to perform his function for serious reasons, the powers of the President under Article 102, paragraph 1, letters a), b), c), n) and o) fall upon the government of the Slovak Republic. In this period the government can entrust the prime minister with executing some Presidential powers. The supreme command of the armed forces is transferred to the prime minister in this period. The powers of the President under Article 102, paragraph 1, letters d), g), h), l), m), s) and t) fall upon the Speaker of the National Council of the Slovak Republic in this period.
2. If the President is unable to perform his function for more than six months, the Constitutional Court of the Slovak Republic must declare the office of the President vacant. The terms of office of the acting President ceases as of the day of such declaration.

Article 106

1. The President may be recalled before the termination of the term of office by a public voting. A public voting on recalling of the President is called by the Speaker of the National Council of the Slovak Republic based on the resolution of the National Council of the Slovak Republic adopted by not less than a three-fifths majority of all members of the National Council of the Slovak Republic; he must do so within thirty days from adopting the resolution so that the referendum takes place within 60 days after it has been called.
2. The President is recalled if more than one-half of all eligible voters voted for his recall in the public voting.
3. If the President was not recalled in the public voting, the President will dissolve the National Council of the Slovak Republic within 30 days from the announcement of the public voting results. In such event, a new term of office begins for the President. The Speaker of the National Council of the Slovak Republic will call election in the National Council of the Slovak Republic within seven days from its dissolution.
4. Details of President’s removal shall be laid down by law.

Article 107

The President can be prosecuted only for deliberate violation of the Constitution or high treason. The decision on the indictment against the President is made by the National Council of the Slovak Republic by a three-fifth majority vote of all Members of Parliament. The indictment against the President is filed by the National Council of the Slovak Republic with the Constitutional Court of the Slovak Republic, which decides on the indictment in a plenary meeting. A sentencing decision of the Constitutional Court of the Slovak Republic means the loss of the office of the President and eligibility to run for the office again.

Part Two. The Government of the Slovak Republic

Article 108

The Government of the Slovak Republic is the supreme body of executive power.

Article 109

1. The Government consists of the prime minister, deputy prime ministers and ministers.
2. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity.

Article 110

1. The prime minister is appointed and recalled by the President of the Slovak Republic.
2. Any citizen of the Slovak Republic who can be elected to the National Council of the Slovak Republic can be appointed prime minister.

Article 111

At the proposal of the prime minister, the President of the Slovak Republic appoints and recalls other members of the Government and entrusts them with the management of ministries. The President can appoint as deputy prime minister and minister any citizen who may be elected to the National Council of the Slovak Republic.

Article 112

Members of the Government are sworn in by the President of the Slovak Republic and take the following oath:

“I swear on my honor and conscience to be faithful to the Slovak Republic. I will discharge my duties in the interest of the citizens. I will uphold the Constitution and other laws and work toward their implementation into life.”

Article 113

Within 30 days after its appointment, the Government is obliged to appear before the National Council of the Slovak Republic, to present to it its program, and to request the expression of its confidence.

Article 114

1. The Government is accountable for the execution of its duties to the National Council of the Slovak Republic, which can pass a vote of no-confidence in it at any time.
2. The Government can at any time request the National Council of the Slovak Republic to pass a vote of confidence in it.
3. The Government can link the vote on the adoption of a law or on another issue with a vote of confidence in the Government.

Article 115

1. The President of the Slovak Republic shall recall the Government if the National Council of the Slovak Republic passes a vote of no-confidence in it, or if it turns down the Government’s request to pass a vote of confidence in it.
2. If the President of the Slovak Republic accepts the Government’s resignation, he will entrust it with the execution of its duties until a new Government is appointed.
3. If the President of the Slovak Republic recalls the government in accordance with section (1), then by a decision promulgated in the Collection of Laws, the President shall charge that government with further performing its competences until a new government is appointed, but solely those competences set out in Article 119.a.b.e.f.m.n.o.p.r; in addition, however, the performance of government competences set out in Article 119.m.r requires the prior approval of the President in each individual case.

Article 116

1. A Government member is accountable for the execution of his duties to the National Council of the Slovak Republic.
2. A Government member may submit his resignation to the President of the Slovak Republic.
3. The National Council of the Slovak Republic may pass a vote of no-confidence also in an individual Government member. In this case, the President of the Slovak Republic will recall the Government member.
4. The proposal to recall a Government member may be submitted to the President of the Slovak Republic also by the prime minister.
5. If the prime minister submits his resignation, the entire Government will submit its resignation.
6. If the National Council of the Slovak Republic passes a vote of no-confidence in the prime minister, the President of the Slovak Republic will recall him. The recalling of the prime minister results in the stepping down of the Government.
7. If the President of the Slovak Republic accepts the resignation of, or recalls, a member of the Government, he will determine which Government member will temporarily be charged with the management of the matters previously administered by the Government member whose resignation he accepted.

Article 117

The Government will always submit its resignation after the constituent meeting of a newly elected National Council of the Slovak Republic; however, the Government executes its duties until a new Government is formed.

Article 118

1. The Government has a quorum if more than one-half of its members are present.
2. Consent of more than one-half of Government members is necessary to pass a Government resolution.

Article 119

The Government as a body decides on

1. draft laws,
2. government ordinances,
3. the Government’s program and its fulfillment,
4. principal measures concerning the implementation of the Slovak Republic’s economic and social policy,
5. drafts of the state budget and the state closing account,
6. international treaties of the Slovak Republic, the negotiation of which was transferred by the President of the Slovak Republic to the Government.
7. compliance with the transfer of power to negotiate international treaties under Article 102, paragraph 1, letter a) to its individual members,
8. filing with the Constitutional Court of the Slovak Republic of a motion to decide on the compliance of a negotiated international treaty for which an approval of the National Council of the Slovak Republic is required with the Constitution and constitutional law.
9. principal questions of domestic and foreign policy,
10. submitting a draft law or some other important measure to the public for discussion,
11. requesting the passing of a vote of confidence,
12. awarding amnesty for misdemeanors,
13. appointing and recalling of other state officials in cases specified by law and three members of the Judicial Council of the Slovak Republic,
14. a proposal for declaration of a state of war, a proposal for ordering a mobilization of armed forces, a proposal for declaration of the martial law and a proposal for their termination, on declaration and termination of the state of emergency,
15. sending armed forces outside the territory of the Slovak Republic for the purposes of a humanitarian aid, military maneuvers, or peace observation missions, giving consent with the presence of foreign armed forces on the territory of the Slovak Republic for the purposes of humanitarian aid, military maneuvers, or peace observation missions, giving consent with the passing of foreign armed forces through the territory of the Slovak Republic,
16. sending armed forces outside the territory of the Slovak Republic within commitments ensuing from international treaties on common defense against an attack for no more than 60 days; the Government will forthwith notify the National Council of the Slovak Republic of such decision.
17. other matters, if laid down by law.

Article 120

1. The Government may issue ordinances in order to execute a law within its limits.
2. If so laid down by law, the government is authorized to issue ordinances in order to execute the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, and to execute international treaties stipulated in Article 7, paragraph 2.
3. Government ordinances are signed by the prime minister.
4. A Government ordinance must be promulgated in a manner which shall be laid down by law.

Article 121

The Government has the right to award amnesty for misdemeanors. Details shall be laid down by law.

Article 122

Central bodies of state administration and local bodies of state administration are established by law.

Article 123

Ministries and other bodies of state administration may, on the basis of laws and within their limits, issue generally binding legal regulations if empowered to do so by law. These generally binding legal regulations are promulgated in a manner which shall be laid down by law.