IPU PARLINE database: SLOVAKIA (Národná rada ), Oversight

Parliament name (generic / translated)

Narodna rada Slovenskej republiky / National Council

Structure of parliament

Unicameral

Type of political regime

parliamentary

Notes

The President of the Republic is the Head of State (Article 101, paragraph 1 of the Constitution).

Head of the executive

Prime Minister

Notes

The Government is the supreme body of executive power (Article 108 of the Constitution). It consists of the Prime Minister, Deputy Prime Ministers and other ministers.

Method for appointing the executive

The President was initially elected by the National Council by secret ballot (Article 101, paragraph 2 of the Constitution). A majority of three fifths of all deputies' votes was required for the President to be elected. In January 1999, the National Council passed a constitutional amendment allowing for direct election of the President. The President appoints and dismisses the Prime Minister and, at the recommendation of the Prime Minister, other members of Government, entrusts them with the management of ministries, and accepts their resignation (Article 102, paragraph f of the Constitution). The leader of the majority party or the leader of a majority coalition is usually appointed Prime Minister.

Term of office of the executive and coincidence with the term of the legislature

The President is elected for a period of five years (Article 101, paragraph 2 of the Constitution). The same person can be elected President in two consecutive electoral periods at most. The National Council is elected for a four-year period (Article 73, paragraph 1 of the Constitution). Government will always submit its resignation after the constituent meeting of a newly elected National Council, but continues until a new Government is formed (Article 117 of the Constitution).

Incompatibility of the functions of member of the executive and member of Parliament

Yes

If a deputy is appointed as a member of Government, his or her mandate as a deputy does not cease while he or she holds the Government post, but is in abeyance (Article 77, paragraph 2 of the Constitution). A newly appointed member of Government has thus to relinquish his or her parliamentary position on designation.

Dissolution of Parliament

Yes

Circumstances

The President may dissolve the National Council if the policy statement of Government is not approved three times within six months after the elections (Article 102, paragraph d of the Constitution). He or she may also do so if the National Council has not managed to hold a session for longer than three months, or if the sitting has been postponed for a longer time than allowed by the Constitution. The President dissolves the National Council if after a plebiscite on the impeachment of the President, he or she is not impeached.

Modalities

Prior to dissolving the National Council, the President is obliged to hear the standpoint of its Speaker and to notify the Prime Minister. New elections are then called by the Speaker within 30 days. This right may not be applied during the last six months of its term of office. Since 1993, the National Council was dissolved once, following the passing of a motion of no confidence in Government in 1994.

Accountability of Government to Parliament

Yes

Government is collectively accountable for the execution of its duties to the National Council (Article 114, paragraph 1 of the Constitution). A Government member is also individually accountable for the execution of his duties to the National Council (Article 116, paragraph 1 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

Parliamentary control lies in the right of the deputies to raise interpellations, suggestions, comments and questions. The addressees of an interpellation are obliged to respond. If Thursday is a day assigned for debate, the agenda for this day includes a question hour at 2 p.m. All cabinet members must be present during both interpellations and question hour agenda items.

Government reports to Parliament

Not applicable

Measures

Vote of confidence on Government programs and/or legislative proposals

Within 30 days after its appointment, the Prime Minister is obliged to appear before the National Council to present the governmental programme, and to request the expression of confidence (Article 113 of the Constitution). Government can then at any time request the National Council to pass a vote of confidence in it (Article 114, paragraph 2 of the Constitution). It can link the vote on the adoption of a law or on another issue with a vote of confidence.

Motions of censure and votes of no confidence (sub-report)

Circumstances

The National Council can pass a vote of no confidence in Government at any time (Article 114, paragraph 1 of the Constitution). It may also pass a vote of no confidence in an individual Government member (Article 116, paragraph 3 of the Constitution). The proposal to recall a Government member may also be submitted to the President by the Prime Minister.

Modalites

The motion to pass a vote of no confidence in Government or a member of it will be discussed by the National Council if requested by at least one fifth of its deputies (Article 88, paragraph 1 of the Constitution). The consent of more than 50 per cent of all deputies is required to pass a vote of no confidence in Government or a member of it.

Consequences

If the National Council passes a vote of no confidence in the Prime Minister or any other minister, the President will recall him or her. The recalling of the Prime Minister results in the stepping down of the entire cabinet. If the President accepts the resignation of a member of Government, he or she will determine which other member will temporarily be charged with the management of his or her department. If the President accepts the Government's resignation, he will entrust it with the execution of its duties until a new Government is appointed. Between 1998 and 2001, opposition parties in the National Council have tabled 12 motions of censure, but none was successful.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

If the President is unable to perform his or her function for serious reasons, the execution of his or her post falls upon the Government (Article 105, paragraph 1 of the Constitution). The National Council can recall the President from his or her post if the President is engaged in activity directed against the sovereignty and territorial integrity of the state or in activity aimed at eliminating its democratic constitutional system (Article 106 of the Constitution). The President can be prosecuted only on charges of high treason (Article 107 of the Constitution).

Modalites and procedure

In case the President is unable to perform his or her function, Government can entrust the Prime Minister with executing some presidential powers. The supreme command of the armed forces is also transferred to the Prime Minister in this period. In cases of recall of the President, a motion to that effect may be tabled by more than one half of all deputies. The consent of at least a three fifths majority of all deputies is required for the President to be recalled. The indictment of high treason against the President is filed by the National Council to the Constitutional Court, which decides on the indictment.

Consequences

A convicting ruling by the Constitutional Court means the loss of the presidential post and the ineligibility to regain the post. During 1993 to 2001, there was one impeachment moved against the President.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The administration is considered to be an institution that has to report to the National Council, with Government being both collectively and individually accountable for the execution of its duties.

Means and modalities of oversight

Hearings in Committees

The National Council exercises oversight over the actions of the administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

The National Council exercises oversight over the actions of the administration through missions to Government departments.

Oral and written questions of parliamentarians

Parliamentarians can put oral and written questions to Government, ministers or to a Head of a central governmental authority on matters within their official powers. The addressee must submit a written response to the parliamentarian and the Speaker of the National Council within 30 days. The reply may in addition be presented orally during the parliamentary session reserved for interpellations. If the National Council declares the interpellation urgent, the time limit set for a reply is not more than 15 days.

In the agenda of each session of the National Council, a question time of one hour is included during which members of Government, the Attorney General and the chairperson of the supreme audit bureau answer questions on topical issues, which have been submitted by parliamentarians before 12.a.m. of the day preceding question time. After a governmental reply, the parliamentarian states whether he or she has found the reply satisfactory. When requested by Government, by the minister concerned or by not less than one fifth of all deputies, a vote on a resolution may be taken concurrently with a confidence vote.

Role of Parliament in the appointment of senior Government officials

The National Council plays a role in the submission to the President of nominees for the office of Judge of the Constitutional Court as well as for the office of the Attorney General, in the election of other judges, and in the election of the Speaker and Deputy Speaker of the National Council.

Activity reports of the Government administration and of public services or establishments

Not applicable

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Not applicable

Method for appointing the executive

This position was newly created on 1 January 2002. The Ombudsman is elected by the National Council from among candidates proposed by at least 15 deputies.

Relationship to Parliament

The Ombudsman's office is an independent body which takes part in the protection of the basic rights and freedoms of natural and legal persons in proceedings, decisions or activities of public administration bodies, if they are in conflict with the legal code or the principles of a democratic and civil state.

Consultation of Parliament in the preparation of the national budget

Yes

The National Council and the committee on finances, budget and monetary affairs are consulted in the preparatory phase of the national budget.

Modalities of oversight

Examination of the budget / finance act by Parliament

The National Council examines the finance act in plenary session and approves the state budget (Article 86, paragraph h of the Constitution).

Reports on the budget / finance act by Committees

The National Council exercises oversight over the budget through the reports of the committee on finances, budget and monetary affairs.

Fields overseen

Defence budget

The National Council exercises oversight over all public funds.

Budget of special departments

The National Council exercises oversight over all public funds, in particular over the import-export bank, the fund of national funds and properties, the funds for general health insurance, mutual health insurance, social insurance and the national bureau of labour, the fund for children and youth and the fund for student loans.

Role of Parliament in national development plans

The National Council approves all national development plans, but the responsibility for implementing these plans belongs to Government.

Parliament's deadline for the examination and adoption of the budget / finance act

The deadline for the examination of the finance act is 15 November, while the deadline for its adoption is 31 December.

Consequences of failure by Parliament to adopt the budget / finance act

If the National Council fails to adopt the finance act before the end of the year, the financial provisory arrangement comes into play.

Budgetary autonomy of Parliament

Yes

The budget of the National Council is run by its chancellery, which is responsible for it to the National Council.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The National Council checks on the fulfilment of the budget and approves the closing accounts (Article 86, paragraph h of the Constitution). Government annually presents a statement of fact in the form of a report.

Parliamentary oversight of public companies

Yes

Parliamentarians are allowed to carry out surveys of state-owned or public companies.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Supreme Audit Office audits the Government's books. Its members are not appointed by the National Council.

Reports of the public auditor's office

The Supreme Audit Office submits annual reports of its work to the National Council at least once a year or at any time when requested to do so by the legislature.

Specialised committee

Government presents quarterly reports on its spending to the National Council.

Foreign Relations Committee (sub-report)

Functions of the Committee

The National Council exercises oversight over foreign policy through the foreign affairs committee and the committee on European integration.

Powers of the Committee

The committees are responsible for dealing with international treaties and agreements, foreign relations, collaborating with missions abroad, controlling the activities of the ministry of foreign affairs, meeting new ambassadors, collaborating with the association council in EU affairs, and overseeing implementation of agreements between the EU and Slovakia.

Composition of the Committee

The composition of the committees does not reflect the numerical strength of each party in the National Council.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The National Council exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The National Council exercises oversight over foreign policy by organising plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The National Council can send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President represents the Republic internationally and concludes and ratifies international treaties (Article 102 of the Constitution). He may delegate to Government, or with the latter's consent to individual members, the conclusion of international treaties that do not require approval by the National Council. The National Council approves by means of a constitutional law a treaty on the Republic's entering into an alliance with other States and on the abrogation of such a treaty (Article 86, paragraph c of the Constitution). It also voices consent, prior to ratification, on the conclusion of international political treaties; international economic treaties of a general nature, as well as on international treaties whose execution requires the passing of a law (Article 86, paragraph e of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

The National Council exercises oversight over defence policy through the committee on defence and security.

Powers of the Committee

The committee is responsible for dealing with all bills and laws concerning national defence and security.

Composition of the Committee

The composition of the committee does not reflect the numerical strength of each party in the National Council.

Parliamentary oversight of public arms manufacturing companies

The committee on defence and security exercises oversight over public or semi-public arms manufacturing companies.

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President declares martial law at the recommendation of Government, and war on the basis of a decision of the National Council, if the Republic is attacked or as a result of commitments arising from international treaties on common defence against aggression (Article 102, paragraph k of the Constitution). The President also declares a state of emergency on the basis of a constitutional law (Article 102, paragraph l of the Constitution). The agreement of at least three fifths of all deputies is required to declare war on another State.

Role of Parliament in sending troops abroad

The National Council expresses its consent to the dispatch of armed forces outside the territory of the Republic (Article 86, paragraph l of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

Circumstances

The President declares martial law at the recommendation of Government, and war on the basis of a decision of the National Council, if the Republic is attacked or as a result of commitments arising from international treaties on common defence against aggression (Article 102, paragraph k of the Constitution). The President also declares a state of emergency on the recommendation of Government and on the basis of a constitutional law (Article 102, paragraph l of the Constitution). The agreement of at least three fifths of all deputies is required to declare war on another State.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The declaration of a state of emergency does not affect the existence and functioning of the National Council. The President may not dissolve the National Council in these cases.

Modalities of oversight

Body ruling on the constitutionality of laws

A specialised body / constitutional Court

The Constitutional Court is an independent judicial body charged with protecting constitutionality (Article 124 of the Constitution). The court consists of 10 Judges, appointed by the President for a period of seven years out of 20 persons proposed to him by the National Council.

Means and procedures

The Constitutional Court decides on the compatibility of (i) laws with the Constitution and with constitutional laws; (ii) decrees issued by Government and generally binding legal regulations issued by ministries and other central bodies of state administration with the Constitution and constitutional and other laws; (iii) generally binding decrees issued by territorial self-administration bodies with the Constitution and laws; (iv) generally binding legal regulations issued by local state administration bodies with the Constitution, laws, and other generally binding legal regulations; and (v) generally binding legal regulations arising from international treaties promulgated in the manner established for the promulgation of laws (Article 125 of the Constitution).

The court decides on jurisdictional disputes among central state administrative bodies, unless the law specifies that such disputes are decided by another body. It also decides on complaints filed against legally valid decisions of central state administrative bodies, local state administrative bodies, and territorial self-administration bodies violating basic rights and liberties of citizens, unless decisions on the protection of these rights and liberties are within the jurisdiction of another court. The Constitutional Court provides an interpretation of constitutional laws in disputed matters, but does not assume a stand on matters concerning the compatibility of draft laws and the drafts of other generally binding legal regulations with the Constitution and constitutional laws.

The court initiates proceedings on the basis of a proposal by (i) at least one fifth of all deputies; (ii) the President of the Republic; (iii) Government; (iv) courts; (v) the general prosecutor; and (vi) in cases listed under Article 127 of the Constitution, anyone whose rights are to become the subject of inquiry. It can initiate proceedings also at the suggestion of juridical or natural persons objecting to the violation of their rights. If the Court establishes by its verdict that legal regulations are mutually incompatible, the relevant regulations, their parts, or, as the case may be, some of their provisions cease to be effective. Within six months after the announcement of the ruling, the bodies that issued those regulations must bring them into harmony with the Constitution. If they fail to do so, such regulations or their parts or provisions cease to be effective six months after the announcement of the ruling. There is no appeal against a ruling of the Constitutional Court.

Evaluation of laws

No

Not applicable

Measures

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