AWARD OF THE CONSTITUTIONAL COURT OF THE SLOVAK REPUBLIC REGARDING DECLARATION OF NON-COMPLIANCE OF PROVISION OF SEC. 248(2) LETT. e) OF THE CIVIL PROCEDURE CODE WITH ARTICLE 46 PARA. 2 OF THE CONSTITUTION OF THE SLOVAK REPUBLIC

(Award of the Constitutional Court of the Slovak Republic No. 75/2003 Coll. dated 9 January 2003 regarding declaration of non-compliance of the provision of Sec. 248 para. 2. lett. e) of the Act No. 99/1963 Coll., Civil Procedure Code as amended in words ``including decisions on disciplinary penalties'' with Article 46 para. 2 of the Constitution of the Slovak Republic)

Under the provision of Sec. 248 para. 2. lett. e) of the Act No. 99/1963 Coll., the Civil Procedure Code as amended, effective until 1 January 2004, the courts do not review decisions of administrative authorities of preliminary, procedural or disciplinary nature, including decisions on disciplinary penalties.

Under Article 46 para. 2 of the Constitution of the Slovak Republic, a person who asserts that he/she has been limited on his/her rights by the decision of a public administration authority, may request the court to review the legality of such decision, unless the act stipulates otherwise. However, review of decisions related to fundamental rights and freedoms cannot be excluded from the competence of the court.

Under the award of the Constitutional Court of the Slovak Republic, the provision of Sec. 248 para. 2 lett. e) of the Act No. 99/1963 Coll., the Civil Procedure Code as amended, in words ``including decisions on disciplinary penalties'' is not in compliance with Article 46 para. 2 of the Constitution of the Slovak Republic.

With respect to the mentioned award of the Constitutional Court of the Slovak Republic, the provision of Sec. 248 para. 2 lett. e) of the Act No. 99/1963 Coll., the Civil Procedure Code as amended, pursuant to Article 125 para. 3 of the Constitution of the Slovak Republic in words ``including decisions on disciplinary penalties'' ceases to be effective on the date of publication of this award in the Collection of Laws of the Slovak Republic. Unless the National Council of the Slovak Republic puts this provision of the law into compliance with the Constitution of the Slovak Republic, it shall cease to be valid after six months from publication of this award in the Collection of Laws of the Slovak Republic.

The provision of Sec. 248 para. 2 lett. e) of the Act No. 99/1963 Coll., the Civil Procedure Code as amended in words ``including decisions on disciplinary penalties'' ceased to be effective on 28 February 2003.

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