Executive Power

- Constitution of Slovakia

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.

(2) The president of the Slovak Republic is elected by the National Council of the Slovak Republic by secret ballot for a period of five years.

(3) A majority of three-fifths of all deputies' votes is required for the president to be elected.

Article 102

The president

a) 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 that do not require approval by the National Council of the Slovak Republic,

b) receives and accredits ambassadors,

c) calls the constituent meeting of the National Council of the Slovak Republic,

d) may dissolve the National Council of the Slovak Republic if the policy statement of the Government of the Slovak Republic is not approved three times within six months after the elections. Prior to dissolving the National Council of the Slovak Republic, the president is obliged to hear the standpoint of the chairman of the National Council of the Slovak Republic. New elections will be called by the chairman of the National Council of the Slovak Republic within 30 days,

e) signs laws,

f) 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,

g) appoints and recalls the heads of central bodies and higher- level state officials in cases specified by law, appoints university professors and rectors, appoints and promotes generals,

h) awards distinctions, unless he empowers another body to perform this task,

i) grants amnesty and pardon, lowers punishments meted out by criminal courts, issues orders not to initiate or not to continue criminal proceedings, and nullifies punishments,

j) acts as supreme commander of the armed forces,

k) declares martial law at the recommendation of the Government of the Slovak Republic and 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,

l) declares a state of emergency on the basis of a constitutional law,

m) calls referendums,

n) can return to the National Council of the Slovak Republic constitutional and other laws with comments. He can do so within 15 days after their approval,

o) presents to the National Council of the Slovak Republic reports on the state of the Slovak Republic and on important political issues, submits to it draft laws and proposals for other measures.

p) has the right to be present at meetings of the National Council of the Slovak Republic,

r) [no q in accordance with Slovak usage] has the right to be present at meetings of the Government of the Slovak Republic, to chair them, and to demand reports from the Government or its members.

Article 103

(1) Any citizen of the Slovak Republic who is eligible to vote and has reached the age of 35 can be elected president.

(2) The same person can be elected president in two consecutive electoral periods at the most.

(3) The election of the president will be held in the last 60 days of the acting president's period of office. Should the office of the president become vacant prior to the end of the electoral period, the election of a new president will be held within 30 days.

(4) Should a deputy of the National Council of the Slovak Republic, member of the Government of the Slovak Republic, judge, prosecutor, member of the armed forces of another armed corps, or member of the Supreme Control Office of the Slovak Republic be elected president, he will cease executing his previous function from the day of his election.

(5) The president must not perform any other paid function, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial activity.

Article 104

(1) The president is sworn in by the chairman of the National Council 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 attend 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 execution of the post of the president falls upon the Government of the Slovak Republic, with the exception of presidential powers listed in

Article 102, letters d) through g). In that case the 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.

(2) If the president is unable to perform his function for more than one year, the National Council of the Slovak Republic will recall him from office and will elect a new president for a regular term of office.

Article 106

The National Council of the Slovak Republic can recall the president from his post if the president is engaged in activity directed against the sovereignty and territorial integrity of the Slovak Republic or in activity aimed at eliminating the Slovak Republic's democratic constitutional system. In such cases, the motion to recall the president 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.

Article 107

The president can be prosecuted only on charges of high treason. The indictment against the president is filed by the National Council of the Slovak Republic. The Constitutional Court of the Slovak Republic decides on the indictment.

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) A Government member must not exercise the mandate of a deputy or be a judge.

(3) A Government member must not perform any other paid office, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial 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 recommendation 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 can 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 by 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 translation 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 will 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.

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 in question.

(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 department 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) The majority of votes of all Government members is needed to pass a Government resolution.

Article 119

The Government as a body decides on

a) draft laws,

b) Government decrees,

c) the Government's program and its implementation,

d) principal measures concerning the implementation of the Slovak Republic's economic and social policy,

e) drafts of the state budget and the state closing account,

f) international treaties of the Slovak Republic,

g) principal questions of domestic and foreign policy,

h) submitting a draft law of the National Council of the Slovak Republic or some other important measure to the public for discussion,

i) requesting the passing of a vote of confidence,

j) awarding amnesty for misdemeanors,

k) appointing and recalling state officials in cases specified by law,

l) other matters specified by law.

Article 120

(1) The Government may issue decrees in order to execute laws within their limits.

(2) Government decrees are signed by the prime minister.

(3) A Government decree must be promulgated in a manner that will be specified by law.

Article 121

The Government has the right to award amnesty for misdemeanors. Details will be set out in a law.

Article 122

Central bodies of state administration and local bodies of state administration are established by means of a 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 the law. These generally binding legal regulations are promulgated in a manner that will be specified by law.