Slovak Financial Law News 2004

Act on Cooperation of the Slovak Parliament and the Govrenment in EU Matters

Constitutional Act No. 397/2004 Coll. on the Cooperation of the National Council of the Slovak Republic and the Slovak Government with regard to European Union related matters

Under the recently passed Constitutional Act, the Government of the Slovak Republic (the ``Government'') or an appointed member of the Government shall submit to the National Council of the Slovak Republic (Slovak Parliament) proposals of legally binding acts and further acts of the European Community and the EU, which will be discussed by representatives of governments of EU member states and notify the Government of further matters concerning the membership of the Slovak Republic in the European Community and the EU.

Prior to and ahead of the expected decision, the Government or its appointed member shall submit to the National Council of the Slovak Republic a proposal of the opinion of the Slovak Republic on the proposal of above mentioned acts comprising mainly the estimate of their influence and impact on the Slovak Republic.

The National Council of the Slovak Republic may approve opinions of the Slovak Republic concerning proposals of legally binding acts and further acts of the European Community and the EU which are negotiated by the representatives of the governments of EU member states.

The National Council of the Slovak Republic may also approve opinions of the Slovak Republic on further issues of the EU, if requested by the Government or at least one-fifth of the MPs of the National Council of the Slovak Republic.

If the National Council of the Slovak Republic approves the proposal of the opinion of the Slovak Republic, Government members are bound by this opinion in the process of representation of the Slovak Republic with the respective authority of the European Community and the EU. If the National Council of the Slovak Republic fails to comment on the proposal of the opinion of the Slovak Republic within 2 weeks from its submission or pass the proposal of the opinion of the Slovak Republic and at the same time no other opinion in the respective issue is passed, the member of the Government shall be bound by the proposal of the opinion of the Slovak Republic.

A Government member may alter the opinion of the Slovak Republic or the proposal of the opinion of the Slovak Republic only in exceptional cases bearing in mind the interests of the Slovak Republic. In such case a member of the Government is obliged to notify the National Council of the Slovak Republic without delay and give reasons for such conduct. A member of the Government may require that the National Council of the Slovak Republic revises the opinion of the Slovak Republic.

On the basis of the report submitted by the Government, the National Council of the Slovak Republic holds a session to negotiate issues connected with the membership of the Slovak Republic in the European Community and the EU and approves recommendations for the Government for the upcoming period at least once a year.

Rules concerning the cooperation of the National Council of the Slovak Republic and the Government in European Union issues will be stipulated by law.

The Act came into effect on 1 August 2004.

© Cechová & Partners (Bratislava)