National Council of the Slovak Republic

The Slovak Republic as a sovereign, democratic state governed by the rule of law became the member state of the European Union on 1 May 2004. In accordance with the Constitution of the Slovak Republic which came into full effect on 1 January 1993, the National Council of the Slovak Republic is the sole constitutional and legislative body of the Slovak Republic.

NATIONAL COUNCIL OF THE SLOVAK REPUBLIC AT A GLANCE

The National Council of the Slovak Republic is the body of state authority and the status of other state bodies in Slovakia is derived from its primary status. As an elected body it represents the sovereignty of the state and of the citizens. It has a significant role in the formation of the Slovak Republic as a modern and democratic state, as well as in the implementation of social and ecologically oriented market economy. Members of the Parliament are elected by universal, equal and direct suffrage by secret ballot. There are 150 Members of Parliament elected for a four-year term. Powers of the National Council are determined by its constitutional status within the system of exercise of power. It is divided into legislative power, power of scrutiny, power to create state bodies, domestic and foreign policy powers. National Council also discharges its power through elections, which is assigned to it by respective laws.

EU MATTERS

Since the entry of the Slovak Republic into the European Union in 2004, the National Council of the Slovak Republic is indirectly involved in the decision-making process of the European Union and crafting the European legislation through the enhanced control of the activities of the Government of the Slovak Republic in the European Union bodies. This power has been obtained on the basis of the Constitutional Law no. 397/2004 Coll. on cooperation of the National Council of the Slovak Republic and the Government of the Slovak Republic in matters concerning the European Union, according to which the  members of the Government are obliged to submit drafts of legally binding acts and other acts of the European Union to the National Council of the Slovak Republic to be discussed in the European Union bodies, and shall inform the National Council of other issues pertaining to the membership of the Slovak Republic in the European Union.

The relationship of the National Council and the Government in terms of the EU affairs has basically two levels - the obligation of the Government to submit specified materials and the power of the National Council to approve positions of the Slovak Republic.

The government or an authorized government member submits drafts of legally binding acts and other acts of the European Union to the National Council of the Slovak Republic to be discussed in the European Union bodies, and informs the National Council of other issues pertaining to the membership of the Slovak Republic in the European Union.

The National Council of the Slovak Republic has the power (possibility) to approve the positions of the Slovak Republic concerning the drafts of legally binding acts and other acts of the European Union to be decided upon on the level of government representatives of the EU Member States. Shall the National Council approve a position proposal of the Slovak Republic, a member of the Government representing the Slovak Republic in an EU body is bound by this position.

The government member may deviate from the position of the Slovak Republic only when inevitably necessary and with due consideration for the interest of the Slovak Republic; in such case the member of the Government shall without delay inform the National Council and explain the reasons for taking this action.

If the National Council fails to express its opinion on a position proposal of the Slovak Republic within two weeks of its submission, an authorized member of the Government shall be bound by the (original) position proposal of the Slovak Republic. The possibility not to express an opinion on the position proposal (“Principle of Silent Procedure”) means to acknowledge the position, resp. “silently” accept it without any discussion or explicit approval.

If the National Council fails to approve a proposed position of the Slovak Republic without approving another related position simultaneously, an authorized member of the Government shall be bound by the (original) position proposal of the Slovak Republic. This principle is analogous to the so-called “Principle of Constructive Disagreement”.

The National Council has authorized the European Affairs Committee to execute the scope of competencies pertaining to the matters of the European Union (§58a of the Rules of Procedure). In practice, this committee does not execute only the competencies defined by the Constitutional Law no. 397/2004 Coll. (Approvals of binding mandates for Government members), but pursuant to the Rules of Procedure it is also entrusted with additional powers of national parliaments (e.g. compliance assessment of the drafts of EU legislative acts with the principle of subsidiarity, including the approving of  reasoned positions).

Thus, it could be stated that the Slovak model represents the so-called "mixed system of monitoring the EU affairs within the national parliament."

All new proposals for legislative and non-legislative acts of the European Union are referred to the European Affairs Committee which may decide to:

1. Take note of the respective EU proposal. The European Affairs Committee deals further with the EU proposal particularly when it is put on the agenda of the Council of the European Union meeting.

2. Ask a specialized committee (s) for its (their) opinion on the proposal for the legislative or non-legislative act of the EU as a whole (not only regarding the compliance with the principle of subsidiarity). The European Affairs Committee deals further with the respective EU proposal particularly when it is put on the agenda of the Council of the European Union meeting.

3. Adopt a reasoned opinion on the proposal´s non-compliance with the subsidiarity principle on its own initiative or on the initiative of a specialized committee.

4. Approve/Refuse/Change the positions of the Slovak Republic on EU legislative or non-legislative drafts which are to be discussed by the representatives of governments of the Member States in the Council of the EU.

Information updated on 04.03.2019

Constitution of the Slovak Republic EN 289 KB / 23/05/2016

Constitution of the Slovak Republic SK 685 KB / 01/04/2016

Constitutional Law 397 2004 Coll EN 95 KB / 08/12/2015

Constitutional Law 397 2004 Coll SK 133 KB / 01/04/2016

Rules of Procedure of the National Council of the Slovak Republic EN 871 KB / 01/04/2016

Rules of Procedure of the National Council of the Slovak Republic SK 769 KB / 01/04/2016

The Scope of Responsibilities of the National Council of the Slovak Republic within the Affairs of the EU EN 619 KB / 01/04/2016

The Scope of Responsibilities of the National Council of the Slovak Republic within the Affairs of the EU SK 580 KB / 01/04/2016