Miroslava Vozáryová Comenius University Bratislava, MFA SR

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Presentation transcript:

Miroslava Vozáryová Comenius University Bratislava, MFA SR Lawmaking Miroslava Vozáryová Comenius University Bratislava, MFA SR

Authorities with the power to adopt legal acts National Council of the Slovak Republic (Parliament) Government of the Slovak Republic Ministries and other central government bodies Municipal and city authorities Citizens (voters) of the Slovak Republic Residents of a municipality or city

National council of the Slovak republic Constitution Constitutional acts Acts International Treaties

Ministries and other central government bodies Decrees Declarations Measures

Municipal and city authorities Generally binding regulations

citizens (voters) of the Slovak republic Results of a referendum with the force of constitutional act, results of a referendum with the force of an act

residents of a municipality or city Results of a local referendum with the force of a generally binding regulation

the stages of the legislative process Tabling of a bill - initiation Discussion of the bill Voting (decision on the bill) Signing of the adopted bill Promulgation (publication)

Initiation of legislation Committees of the National Council of the Slovak Republic (Parliament) members of the Parliament the Government of the Slovak Republic

Discussion of the bill Interdepartmental comments procedure Normal delay 15 calendar days/shortened delay 7 calendar days Compulsory commentators public comments (at least 500 persons)

discussion of the bill comments (general, particular, material, legal, legislative-technical, technical, linguistic) Essential - dispute settling procedure Ordinary

governmental session Legislative Council of the Government Adoption by the Government

legislative process in the parliament First reading Second reading Third reading

The first reading general debate on the substance/philosophy of the proposed act Determination of the Coordination committee and commitees in the second reading

the second reading the proposed act is discussed in committees - responsible is the determined Coordination committee Amendments and additions can be tabled the role of Coordination committee

the third committee final voting only technical amendments are permitted

voting of the bill constitution - qualified majority (three-fifths of all MPs) Law - half of the present members

Signing President of the Slovak Republic (suspensive veto) the Speaker of the Parliament the Prime Minister

Promulgation Collection of Laws of the Slovak Republic on-line system Slov-Lex (EU funds)

Approximation of eu laws Regulation Directive Decisions Recommendations Opinions

what is regulated by eu laws Judicial cooperation in civil matters (recognition of judgements, judicial assistance) Police cooperation Foreign policy Agriculture Foreign investments

what is not regulated by eu laws Taxes Local payments Administrative law/procedure Civil law (legal capacity, legal entities, contractual law, inheritance, recovery of damages) Criminal law Trade law

Regulation A "regulation" is a binding legislative act. It must be applied in its entirety across the EU. For example, when the EU wanted to make sure that there are common safeguards on goods imported from outside the EU, the Council adopted a regulation.

Directive A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. One example is the EU consumer rights directive, which strengthens rights for consumers across the EU, for example by eliminating hidden charges and costs on the internet, and extending the period under which consumers can withdraw from a sales contract.

Decision A “decision” is binding on those to whom it is addressed (e.g. an EU country or an individual company) and is directly binding.

Recommendation A “recommendation” is not binding. Allow institution to make their views known without imposing any legal obligation. is

Opinion An "opinion" is an instrument that allows the institutions to make a statement in a non-binding fashion, in other words without imposing any legal obligation on those to whom it is addressed. An opinion is not binding.

Legislative process within the eu Working groups Committees eu council eu parliament Publication in the official journal of the European Union