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Všeobecné ustanovenia o konaní pred
Ústavným súdom. Kritické poznámky k novému zákonu (II.)
The
General Provisions of of the New Act on the Constitutional Court. Critical
Remarks (II.)
Prof. JUDr. Ján Mazák, PhD.,
Faculty of Law of University of Pavol Jozef Šafárik in Košice
Doc. JUDr. Martina Jánošíková, Ph.D., Faculty of Law of University of
Pavol Jozef Šafárik in Košice
Právny obzor, Volume 102, 2019,
No. 2,
pp. 97 – 113.
Published online: 31.8.2021
Abstract. The authors
analyse critically the General Provisions (GP) of the New Act on the
Constitutional Court which becomes legally binding from the 1 March 2019. The
purpose of the GP shall be to 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. 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 have voted
less than seven judges. Finally, a supporting application of Civil Dispute Code
is not enough for a proper functioning of the Constitutional Court.
Key words: General
provision, New act on the Constitutional Court, legislative procedure, proposal
of initializing of proceedings, parties and participating parties, rejection of
proposal on the basis of lack of votes, application of Civil Dispute Code
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
TEORETICKÝ
ČASOPIS PRE OTÁZKY ŠTÁTU A PRÁVA.
Právny obzor je
recenzovaný časopis a je indexovaný v databázach SCOPUS a HeinOnline
(INDEX TO FOREIGN LEGAL PERIODICALS)
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