Slovakia

Basic information Substance of the ruling  Accessibility of the case and further relevant links
Date Name of the case (or case number)   The body delivering the decision  Keywords, topic Executive part Brief summary Full text Page at the website of the issuing court Page in other databases Unofficial materials, press communications 
July 4. 2022. PL. ÚS 14/2021-107 Constitutional Court of Slovakia State of emergency; separation of powers Upon the initiation of 30 parliamentarians, the Constitutional Court of Slovakia confirmed the constitutionality of the special authorizations provided by the public health act for enacting emergency regulations with quasi-statutory force. Upon the initiation of 30 parliamentarians, the Constitutional Court of Slovakia confirmed the constitutionality of the special authorizations provided by the public health act for enacting emergency regulations with quasi-statutory force.        
February 16. 2022.   Constitutional Court of Slovakia Separation of powers The Constitutional Court of Slovakia upheld the validity of certain authorization provided for the public health authority to issue ordinances during the public health emergency. The Constitutional Court of Slovakia upheld the validity of certain authorization provided for the public health authority to issue ordinances during the public health emergency. https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2022/118/     https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/slovakia/
December 8. 2021. PL. ÚS 4/2021-136 Constitutional Court of Slovakia Freedom of movement The Constitutional Court of Slovakia invalidated the provisions ordering that the mandatory quarantine period should be spent in state facilities. The Constitutional Court of Slovakia invalidated the provisions ordering that the mandatory quarantine period should be spent in state facilities. https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2021/551/     https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/slovakia/
December 1. 2021. PL. ÚS 8/2021-143 Constitutional Court of Slovakia Separation of powers; state of emergency The Constitutional Court of Slovakia upheld the constitutionality of the amendment of the act on the protection of public health vesting the public health authority (also with retroactive effect) with the power to enact far-reaching restrictions of fundamental rights in mere decrees subject to an accelerated publication procedure in the Executive Gazette within the extraordinary circumstances.   https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2021/550/     https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/slovakia/
July 27. 2021. PL. ÚS 10/2021  Constitutional Court of Slovakia Freedom of movement; discrimination; vaccination The Constitutional Court of Slovakia annulled the provisions treating partly vaccinated persons as fully vaccinated ones. In the early Summer of 2021, Slovakia implemented a border policy requiring quarantine from non-vaccinated persons entering into Slovakia, however, persons receiving only one dose were also exempted from this duty similarly to fully vaccinated persons. The Constitutional Court found that scientific reports do not confer immunization on a sole dose of vaccination, therefore, this amounted to a discriminatory treatment in favour of the partly vaccinated persons. As a consequence, the relevant rules were abrogated, and partly vaccinated persons also required to be isolated once entered into Slovakia. https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2021/302/     https://spectator.sme.sk/c/22710319/court-objects-to-advantages-for-the-partly-vaccinated-but-no-practical-changes-at-borders-yet.html; https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/slovakia/; https://spectator.sme.sk/c/22701244/the-constitutional-court-reportedly-suspended-new-border-rules.html; https://visegradpost.com/en/2021/07/15/slovakia-constitutional-court-overturns-quarantine-for-non-vaccinated-people/
June 30. 2021. PL. ÚS 27/2020. Constitutional Court of Slovakia State of emergency More complainants challenged the constitutionality of excluding state liability for the damages caused by unconstitutional law-making during the public health emergency. The Constitutional Court terminated the proceeding and dismissed the claim because the impugned legislation was abrogated before the consideration of the merits. More complainants challenged the constitutionality of excluding state liability for the damages caused by unconstitutional law-making during the public health emergency. The Constitutional Court terminated the proceeding and dismissed the claim because the impugned legislation was abrogated before the consideration of the merits.       https://administrativescience.com/index.php/instadm/article/view/51/43
April 27. 2021. ÚS 291/2021 Constitutional Court of Slovakia State of emergency; separation of powers The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review. The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review.       https://www.aspi.sk/products/lawText/7/303540/1/2
October 20. 2020. ÚS 397/2020 Constitutional Court of Slovakia State of emergency; separation of powers The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review. The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review.       https://app.beck-online.sk/bo/document-view.seam?documentId=njzwwxzsgazdax3jnfpxk427gm4to
October 14. 2020. Case PL.ÚS 22/2020-104 Constitutional Court of Slovakia State of emergency; legal security The Constitutional Court of Slovakia upheld the constitutionality of the governmental resolution ordering state of emergency in September 2020. due to the rise of the Covid-19 pandemic. The deputy head of the Prosecutor General's Office and oppositional parliamentarians challenged the constitutionality of the governmental resolution introducing state of emergency to combat the Covid-19 pandemic in September 2020. The claimants contested the too vague and uncertain wording of the impugned governmental resolution. The Constitutional Court held that although the fact, that certain clauses of the governmental resolution were indeed insufficiently precise, the Government demonstrated convincingly that the declaration of state of emergency was based on the careful consideration of all circumstances and served public interest to protect the health and the life of the population. Therefore, the claim was dismissed.   https://www.ustavnysud.sk/documents/10182/116209962/14_10_2020.doc.pdf/c1d561cb-bb05-43f9-ab77-f6c76ba125ab https://www.covid19litigation.org/case-index/slovakia-constitutional-court-slovak-republic-case-plus-222020-104-2020-10-14  
October 8. 2020. ÚS 454/2020 Constitutional Court of Slovakia State of emergency; separation of powers The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review. The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review.        
September 24. 2020. ÚS 459/2020 Constitutional Court of Slovakia State of emergency; separation of powers The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review. The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review.       https://www.aspi.sk/products/lawText/4/3686633/1/2/uznesenie-us-c-iv-us-459-2020-12-
September 24. 2020. ÚS 438/2020 Constitutional Court of Slovakia State of emergency; separation of powers The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review. The Slovak Constitutional Court held that The resolutions of the public health authority implementing emergency measures with general applicability shall be treated as administrative acts, and shall not be subject to constitutional review.       https://www.aspi.sk/products/lawText/4/3686603/1/2
May 13. 2020. Case No. PL.ÚS 13/2020-103. Constitutional Court of Slovakia Data protection; right to privacy The Constitutional Court of Slovakia abrogated the statutory provisions authorizing the public health authority to access sensitive personal data collected by the telecommunication service providers during the public health emergency. The Constitutional Court of Slovakia heard a petition submitted by parliamentarians against a law authorizing the public health authority to access sensitive personal data of clients collected by the telecommunication service providers. The access meant anonimized data for statistical purposes and identifiable information for the purpose of notifying persons from necessary public health measures as well as to protect the health or life of the persons concerned. The challenge contested only the second and the third cases where privacy was relevant.  The Constitutional Court highlighted the role of safeguards in the protection of personal data such as subsidiary use of the optained data; clear definition of the purpose of using the data; supervision by a court or other competent body; obligation to delete the data after a certain time; and the notification of the persons concerned. The Constitutional Court found reasonable that telecommunication service providers should collect the data of such persons who might be notified from special public health measures, however, those provisions were abrogated which required from the service providers to give access upon request to the public health authority to this information. The Constitutional Court argued that such notifications could be made directly by the service providers themselves, therefore, access for the public health authority would not serve the greater effectiveness of the public health measures. https://www.ustavnysud.sk/documents/10182/71853347/PL_13_2020.pdf/b67de2b8-fc03-4bc0-941c-2e475d3de83d https://www.ustavnysud.sk/documents/10182/116209962/TS_22_2020+Lex+corona+PL.+%C3%9AS+13_2020.pdf/b264e3cc-6776-499d-8d71-89a0fdca16ff https://www.covid19litigation.org/case-index/slovakia-constitutional-court-slovak-republic-no-plus-132020-103-2020-05-13 https://www.reuters.com/article/health-coronavirus-slovakia-tracking/court-suspends-part-of-slovakias-phone-tracking-law-to-fight-virus-spread-idINL8N2CV63Y?edition-redirect=in