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EN
Is it the case that according to Slovak constitutional conventions president is authorized to request parliament to defeat the government in motion of no confidence? Ján Mazák, who defended the manner in which president Kiska tried to solve the political crisis triggered by the murder of journalist Kuciak, suggests that it is. In this article I will argue for the opposite: there is not such convention in the Slovak constitutional system because the social practice on which Mazák relies in his argument does not have the components of legal custom. In addition, I will consider whether it would be more appropriate to look at our constitutional conventions with British eyes, i.e. not as a law enforceable by courts, but as political principles enforced directly and only by political actors themselves.
Vojenská história
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2020
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tom 24
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nr 1
88 - 109
EN
Since the times of autonomy in the fall of 1938, the Slovak society underwent transformations of the democratic atmosphere towards authoritarian government. One of their goals was to exclude the Jewish population from the political, economic and cultural life by gradual escalation of the discriminative measures. Following the independence of Slovakia in March 1939, a number of legal regulations were adopted, aimed at absolute isolation of the Jewish ethnicity. The author presents, how the anti-Jewish rhetoric reflected in the military environment. Slovak Army as the power institution adapted to the requirements for the radical solution to the “Jewish question” and identified the Jews as the disruptive force and undesirable element for which there is no place in the Army. Since July 1939, they proceeded to creation of the first working units composed of the soldiers of Jewish nationality in active service. Isolation of the Jewish soldiers was markedly enforced during the war campaign on Poland in late summer of 1939, when a large number of reservists were recruited. The Ministry of Interior intended to place all the Jewish men capable of work in the work camps, whereas the Slovak Army was supposed to prepare the command and guard staff for this purpose. The intention of the Ministry of Interior was not successfully implemented. The new Military Service Act of January 1940 excluded Jews from the Slovak military forces and subjected them to work duty.
EN
The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.
EN
The paper deals with the issue of evidence in the pre-trial procedure and the application of the basic principles relating to the taking of evidence in the conditions of the Slovak Republic. The authors summarized the most important basic principles applicable to evidence, pointing out their considerable importance.
EN
The issue of old-age pensions is a sensitive topic in every country and at any time, as it concerns one of the most vulnerable social groups, namely old-age pensioners. In every politically advanced and democratic rule of law there is a different model of the old-age pension system that is implemented in relation to its population. The aim of the paper is to identify efficiency of second pension pillar of old-age pension savings in the calendar year 2019 in the Slovak Republic.
EN
On the background of the existential tension between democracy and constitutionalism, the article addresses the limits of the exercise of constitutional power in the Slovak Republic. It maps out both explicit and implicit limits of the constitutional process. First it analyses internal, i.e. national restrictions resulting from the Slovak constitutional order and then focuses to limits, the existence of which is implicitly shaped by external legal orders. Some of these restrictions on the exercise of constitutional power are quite unequivocal. Others represent so far unapplied, rather hypothetical limits. The submitted text defends the need for the existence of inherent limits of the exercise of constitutional power. They are an expression of the restriction on the exercise of any power, which is the basic postulate of democratic constitutionalism. In the end of the article, the author calls for the establishment of system balance in the exercise of constitutional power of the National Council. Such approach namely supports the possibility of democratic constitutional modification and will ensure accentuation of principles of constitutionalism, without the need of fixation of the constitution to any form (implicit or explicit) of inviolability.
EN
The author aims his attention in the text to the conception of the material core of constitution. He evaluates critically (dis) interpretation of circumstances of beginning of this theory. The first part of the text is dedicated to the misleading belief about the stability role of this theory by its adoption to the constitutional system of Slovak Republic. In the case of the objective theory, there is a critic of the effort of returning iusnaturalism components to the (constitutional) law. The author tries to point at possible danger of its misuse by the antidemocratic movements in the society. The second part of the text concerns with concrete solutions how could be this theory compensated without its main negatives.
EN
The aim of the article is a test of the constitutionality of Art. 125 par. 4, second sentence of the Constitution of the Slovak Republic „The Constitutional Court shall not decide on the conformity of the Constitutional Act with the Constitution“, which was added to the Constitution in the process of amending the Constitution by Constitutional Act no. 422/2020 Coll. It focuses on the derivation of the legal consequences of the sovereignty of the people and on the perception of anthropological natural law as the focal norm of the system of national, European and international law in the context of constitutional pluralism. The paper perceives the material core of the constitution as an original part of the concept of a constitutional state. The findings on the duality of power pouvoir constituant and pouvoir constitué are linked to the syncretic notion of Robert Alexy‘s concept of law, in the context of the methodology of multilevel constitutionalism. The author comes to the conclusion about the unconstitutionality of Art. 125 par. 4, second sentence of the Constitution of the Slovak Republic. The findings are also applied to the institute of the constitutional referendum, which is part of the level of pouvoir constitué. The subject of the referendum on shortening the parliamentary term of the National Council of the Slovak Republic is assessed as unconstitutional.
EN
For some time, the focus of the empirical analysis has been oriented towards sectors linked to the so-called New Industrial Revolution (Industry 4.0). Nevertheless, the agriculture will always be one of the important sectors in each national economy. It is also a sector that underwent many extensive structural changes in the last two decades. The aim of our paper is to look in closer details on various indicators for this sector, notably its current position, its economic linkages to other domestic or foreign industries or generated effects on employment or value added. Our analysis is based on the input-output methodology. The results confirm overall weakening of the domestic linkages, especially on the demand side, and strengthening of the import flows. Also from a supply side point of view, the importance of agriculture as a supplier to other sectors is declining. The agricultural sector has also been losing strength in job creation. However, in terms of value added and gross product value indicators, our results confirm the important role of agriculture in the Slovak economy.
EN
Wood and wood product commerce was a very important area of the foreign trade of the Czechoslovak Republic and later the Slovak Republic (1939–1945). As a part of the state business activities the trade in cellulose and paper products was also an important aspect of it. After the change in the geopolitical conditions in Central Europe and the establishment of the Slovak state, cellulose and paper trade organizations were formed in Slovakia. Gradually, agreements were concluded between individual businesses, which shaped the organizational structure of companies and specific rules of their activities. The agreements included securing the sale of contracted cellulose inland and abroad, representing and protecting the interests of the Slovak cellulose industry, and contacts with foreign organizations. The conclusion of an agreement also meant the redistribution of export quotas for individual companies.
EN
The subject matter of land reform and the related issue of ensuring that land was owned by ethnic Slovaks, had already appeared in Slovakia in the time of autonomy after the 6th October 1938. Reflections about the change of land ownership from the beginning referred not only to Jews, but also to the land of foreigners, the land allotted within the 1st land reform, as well as to the land of Slovaks. The prepared land reform was supposed to compensate for the iniquities caused by the 1st land reform and return the land back “to the hands of those who truly work on it”. Unlike the owners of shops and enterprises, Jewish landowners did not represent a very large class of people, but even in spite of this fact, the following Aryanization of this Jewish land property was subject to corruption. The local and state authorities as well as common people participated in the process of transferring Jewish land into the hands of “Aryans”. However the Slovak government failed in its effort to create a strong middle class of peasants who would support Hlinka’s Slovak People’s Party.
EN
This paper analyses the performance of active labour market policies (ALMP) in Slovakia. We found limited evidence of the economic efficiency of the ALMP in Slovakia. We quantify the relative importance of the ALMP compared to other factors for the employability of job seekers. ALMP performance relates to a host of external factors, such as business cycles, the number of local job vacancies, discrimination towards some ethnic minorities, and levels of regional development. Furthermore, we quantify policy effectiveness of the most important ALMP instruments. The concluding part of the paper points towards the importance of the ongoing demographic transition for revamping the current structure of ALMP.
EN
In the inter-war period, a structure of private insurance companies in which Czech insurance companies had the decisive influence, developed in Slovakia. In the years of existence of the independent Slovak Republic (1939 – 1945), Slovak national capital with government support made a great effort to gain control of the insurance market, mainly at the expense of insurance companies in the Protectorate of Bohemia and Moravia. However, the representatives of Reich German insurance companies began a process of capital expansion and demanded a share in the insurance market of the new state. After complex Slovak – German talks, a compromise agreement on division of the property of insurance companies was agreed in November 1940. However, both sides broke this agreement and there was another round of the complex negotiations. The result was strengthening of the position of Slovak national capital and maintenance of the influence of the German insurance companies on the level of the end of the 1930s.
14
Content available remote DIVADELNÉ REFLEXIE SLOVENSKEJ REPUBLIKY 1939 – 1945 V 21. STOROČÍ
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EN
The study deals with forms of the Slovak Republic (1939 - 1945) in Slovak theatre after the year 2000. We currently observe a strong dramaturgical tendency to bring to the stages the reflection of historical events from various historical periods, one of the most depicted being the period of World War II. Its themes are found in the productions of the original theatrical plays as well as in the dramatisation of literary works. The first part of the study is devoted to delineation of the Slovak Republic (1939 - 1945) in the productions after 2000 (Tiso [Tiso], Stalo sa prvého septembra [It Happened on 1st September], Rabínka [The Female Rabbi], Holokaust [Holocaust], Povstanie [Uprising], Obchod na korze [The Shop on the Parade], Polnočná omša [Midnight Mass], Tichý bič [The Silent Whip], Kým kohút nezaspieva [Until the Cock Sings]). The second part is focused on the analysis of the selected thematic elements offered by the productions falling within this circle and which appear in the new optics of the so-called second generation.
EN
In the inter-war period, a structure of private insurance companies in which Czech insurance companies had the decisive influence, developed in Slovakia. In the years of existence of the independent Slovak Republic (1939 – 1945), Slovak national capital with government support made a great effort to gain control of the insurance market, mainly at the expense of insurance companies in the Protectorate of Bohemia and Moravia. However, the representatives of Reich German insurance companies began a process of capital expansion and demanded a share in the insurance market of the new state. After complex Slovak – German talks, a compromise agreement on division of the property of insurance companies was agreed in November 1940. However, both sides broke this agreement and there was another round of complex negotiations. The result was strengthening of the position of Slovak national capital and maintenance of the influence of the German insurance companies on the level of the end of the 1930s.
EN
Almost a year has passed since the start of the large-scale Russian invasion into Ukraine on February 24, 2022. Millions of Ukrainian refugees were forced to leave their country. They were received by neighbouring states as a gesture of solidarity. Many refugees were granted status, housing and other opportunities in the Slovak Republic. Now it is time to sum up the results of the social adaptation of Ukrainians in the country, because the first stress of acculturation has passed. This issue is important now both for Ukrainian refugees and for Slovak citizens, especially for volunteers and officials. Despite its timeliness, the topic has not been a subject of a special study neither in Slovakia nor abroad. Therefore, the aim of the article is to determine the main barriers which obstruct processes of intercultural communication and social adaptation of Ukrainian refugees. The research is based on the results of interviews with Ukrainian refugees and analysis of questionnaires combining with the author’s personal experience in this field. The types of adaptation problems and barriers for Ukrainian refugees, such as economic, socio-cultural and legal, have been identified. The detailed analysis of them may help to improve the social adaptation of refugees, to intensify intercultural dialogue and to reduce the social tension.
17
Content available remote FOREIGN POLICY CONDITIONALITY OF THE SLOVAK REPUBLIC
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EN
On January 1, 1993, as a result of the breakup of the Czech and Slovak Federative Republics, a new state was created on the political map of Europe: the Slovak Republic. The article deals with the foreign policy determinants of this state at the threshold of its establishment. An analysis is made of those determinants that had a key impact on the shape of foreign policy: the geographical environment, historical factors, the population factor, foreign services and diplomacy, and external conditions. Of greatest importance were historical factors, especially in the context of relations with Hungary, the deficit in foreign services and diplomatic personnel, which was of great significance in the context of creating foreign policy from scratch, and the multinational nature of the country. The article uses a comparative method and factor analysis.
EN
Presented study deals with parliamentary diplomacy within the Slovak Republic. First part of study defines the task of the National Council of the Slovak Republic and its country’s foreign policy representatives. Further the study explains the term of parliamentary diplomacy, its structural system and also its pros and cons. Practical part of the study is focused on parliamentary diplomacy during the first independent year of the Slovak Republic. Throughout the qualitative analysis of official archive documents the study summarizes, categorizes and analyses the most important foreign policy activities of the Parliament’s representatives within the first year of independence. That year was significant as the country entered international area. The National Council of the Slovak Republic played a key role in this process.
EN
In this article, the author deals with the question of whether, in terms of the Constitution of the Slovak Republic, the Prime Minister should be considered as a member of the Government. The question may seem strange or unnecessary at first glance. However, the need for its thorough and correct analysis has emerged from an opinion presented in the theory, according to which, where the Constitution speaks of members of the Government, it means all its members except for the Prime Minister. This opinion has been repeatedly presented by Radoslav Procházka. This article is a response to the stated opinion, which the author considers legally untenable. Based on the analysis of the constitutional position of the Prime Minister, the author demonstrates in detail why, in Slovakia, the Prime Minister has the status of a member of the Government and is to be considered as such. In the paper, the author also explains some essential connotations of the constitutional position of the Prime Minister.
EN
In this article, the author dedicates his attention to the topic of creative powers of the President of the Slovak Republic. He tries to identify three main factors that have negatively influenced execution of these powers recently. An attention is payed primarily to the rule of maintaining of the proper functioning of constitutional bodies, implementation of direct election of President in the Slovak law system and in the last place, the historical perception of status of head of state. At the end of each section, the author tries to provide possible solutions how to improve prevailing negative state.
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