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Direct Democracy

Slovakia

DD002

Direct Democracy Provisions (National Level)

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:	Article 7 (1) The Slovak Republic may enter into a state union with other states upon its free decision. The decision on entering into a state union with other states, or on withdrawal from this union, shall be made by a constitutional law which must be confirmed by a referendum. Article 93 (1)A referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union. (2)A referendum can be used to decide also on other important issues of public interest. (3)Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum. Article 94 Every citizen of the Slovak Republic who has the right to vote in elections of the National Council of the Slovak Republic is entitled to participate in the referendum. Article 95 (1) The referendum is called by the President of the Slovak Republic if requested by a petition signed by a minimum of 350,000 citizens, or on the basis of a resolution of the National Council of the Slovak Republic, within 30 days after the receipt of the citizens' petition, or the resolution of the National Council of the Slovak Republic. (2) The President of the Slovak Republic may, before calling a referendum, file with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum, which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic pursuant to paragraph 1, is in compliance with the Constitution or a constitutional law. If the President of the Slovak Republic files with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic is in compliance with the Constitution or a constitutional act, the period pursuant to paragraph 1 shall not continue from filing of a petition by the President of the Slovak Republic until the decision of the Constitutional Court of the Slovak Republic becomes effective. Article 96 (1) The motion to pass a resolution of the National Council of the Slovak Republic on calling a referendum may be introduced by Members of Parliament, or by the Government of the Slovak Republic. (2) A referendum shall be held within 90 days from the day it was called by the President of the Slovak Republic. Article 97 (1) A referendum may not be held within 90 days prior to elections to the National Council of the Slovak Republic. (2) A referendum may be held on the day of elections to the National Council of the Slovak Republic. Article 98 (1) The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum. (2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws. Article 99 (1) The National Council of the Slovak Republic may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect. (2) A referendum on the same issue may be repeated no sooner than three years from the day it was held. Article 100 A law shall lay down the manner in which the referendum will be carried out.
Source:	The Constitution of the Slovak Republic, Articles 7(1), 93-100 http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD003

Mandatory referendums (national level)

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	a. Yes
Comments:	Article 93 (1)A referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union. (2)A referendum can be used to decide also on other important issues of public interest. (3)Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum. Article 94 Every citizen of the Slovak Republic who has the right to vote in elections of the National Council of the Slovak Republic is entitled to participate in the referendum. Article 95 (1) The referendum is called by the President of the Slovak Republic if requested by a petition signed by a minimum of 350,000 citizens, or on the basis of a resolution of the National Council of the Slovak Republic, within 30 days after the receipt of the citizens' petition, or the resolution of the National Council of the Slovak Republic. (2) The President of the Slovak Republic may, before calling a referendum, file with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum, which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic pursuant to paragraph 1, is in compliance with the Constitution or a constitutional law. If the President of the Slovak Republic files with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic is in compliance with the Constitution or a constitutional act, the period pursuant to paragraph 1 shall not continue from filing of a petition by the President of the Slovak Republic until the decision of the Constitutional Court of the Slovak Republic becomes effective. Article 96 (1) The motion to pass a resolution of the National Council of the Slovak Republic on calling a referendum may be introduced by Members of Parliament, or by the Government of the Slovak Republic. (2) A referendum shall be held within 90 days from the day it was called by the President of the Slovak Republic. Article 97 (1) A referendum may not be held within 90 days prior to elections to the National Council of the Slovak Republic. (2) A referendum may be held on the day of elections to the National Council of the Slovak Republic. Article 98 (1) The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum. (2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws. Article 99 (1) The National Council of the Slovak Republic may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect. (2) A referendum on the same issue may be repeated no sooner than three years from the day it was held. Article 100 A law shall lay down the manner in which the referendum will be carried out.
Source:	The Constitution of the Slovak Republic, Articles 93-100 http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD004

Optional referendums (national level)

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	a. Yes
Comments:	Article 93 (1)A referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union. (2)A referendum can be used to decide also on other important issues of public interest. (3)Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum. Article 94 Every citizen of the Slovak Republic who has the right to vote in elections of the National Council of the Slovak Republic is entitled to participate in the referendum. Article 95 (1) The referendum is called by the President of the Slovak Republic if requested by a petition signed by a minimum of 350,000 citizens, or on the basis of a resolution of the National Council of the Slovak Republic, within 30 days after the receipt of the citizens' petition, or the resolution of the National Council of the Slovak Republic. (2) The President of the Slovak Republic may, before calling a referendum, file with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum, which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic pursuant to paragraph 1, is in compliance with the Constitution or a constitutional law. If the President of the Slovak Republic files with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic is in compliance with the Constitution or a constitutional act, the period pursuant to paragraph 1 shall not continue from filing of a petition by the President of the Slovak Republic until the decision of the Constitutional Court of the Slovak Republic becomes effective. Article 96 (1) The motion to pass a resolution of the National Council of the Slovak Republic on calling a referendum may be introduced by Members of Parliament, or by the Government of the Slovak Republic. (2) A referendum shall be held within 90 days from the day it was called by the President of the Slovak Republic. Article 97 (1) A referendum may not be held within 90 days prior to elections to the National Council of the Slovak Republic. (2) A referendum may be held on the day of elections to the National Council of the Slovak Republic. Article 98 (1) The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum. (2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws. Article 99 (1) The National Council of the Slovak Republic may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect. (2) A referendum on the same issue may be repeated no sooner than three years from the day it was held. Article 100 A law shall lay down the manner in which the referendum will be carried out.
Source:	The Constitution of the Slovak Republic, Articles 93-100 http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD005

Citizens' Initiatives (national level)

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	a. Yes
Comments:	Article 93 (1)A referendum is used to confirm a constitutional law on entering into a union with other states, or on withdrawing from that union. (2)A referendum can be used to decide also on other important issues of public interest. (3)Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum. Article 94 Every citizen of the Slovak Republic who has the right to vote in elections of the National Council of the Slovak Republic is entitled to participate in the referendum. Article 95 (1) The referendum is called by the President of the Slovak Republic if requested by a petition signed by a minimum of 350,000 citizens, or on the basis of a resolution of the National Council of the Slovak Republic, within 30 days after the receipt of the citizens' petition, or the resolution of the National Council of the Slovak Republic. (2) The President of the Slovak Republic may, before calling a referendum, file with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum, which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic pursuant to paragraph 1, is in compliance with the Constitution or a constitutional law. If the President of the Slovak Republic files with the Constitutional Court of the Slovak Republic a petition for a decision whether the subject of the referendum which should be called on the basis of a citizens’ petition or a resolution of the National Council of the Slovak Republic is in compliance with the Constitution or a constitutional act, the period pursuant to paragraph 1 shall not continue from filing of a petition by the President of the Slovak Republic until the decision of the Constitutional Court of the Slovak Republic becomes effective. Article 96 (1) The motion to pass a resolution of the National Council of the Slovak Republic on calling a referendum may be introduced by Members of Parliament, or by the Government of the Slovak Republic. (2) A referendum shall be held within 90 days from the day it was called by the President of the Slovak Republic. Article 97 (1) A referendum may not be held within 90 days prior to elections to the National Council of the Slovak Republic. (2) A referendum may be held on the day of elections to the National Council of the Slovak Republic. Article 98 (1) The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum. (2) The proposals adopted in the referendum will be promulgated by the National Council of the Slovak Republic in the same way as it promulgates laws. Article 99 (1) The National Council of the Slovak Republic may amend or annul the result of a referendum by means of a constitutional law no sooner than three years after the result of the referendum came into effect. (2) A referendum on the same issue may be repeated no sooner than three years from the day it was held. Article 100 A law shall lay down the manner in which the referendum will be carried out.
Source:	The Constitution of the Slovak Republic, Articles 93-100 http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD006

Agenda Initiatives (national level)

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	a. Yes
Comments:	Table 8.4. Frequency of usage of direct democracy mechanisms at the national level in Europe
Source:	Direct Democracy: The International IDEA Handbook. Page 186: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook.pdf
Verified:	2024/10/25

DD007

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	a. Yes
Comments:	(1) Announcement of the chairman of the National Council of the Slovak Republic about holding of a plebiscite on recalling of the president21) (hereinafter the “plebiscite”) shall be promulgated in the Collection of Laws of the Slovak Republic. (2) The announcement on holding of the plebiscite shall include a) the day of approval of a decision issued by the National Council of the Slovak Republic, based on which the plebiscite is to be held, b) the day, or days, when the plebiscite is to be held; Section 2 §§ 2 – 4 shall apply to determination of the time of the plebiscite.
Source:	Act on election of the president of the Slovak Republic, plebiscite, recalling of president and amending of some other acts, as amended, Articles 32-49: http://aceproject.org/ero-en/regions/europe/SK/slovakia-presidential-election-law-1999/view
Verified:	2024/10/25

DD129

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	b. Sometimes binding
Comments:	"The results of the referendum are valid if more than one-half of eligible voters participated in it and if the decision was endorsed by more than one half of the participants in the referendum." The Constitution of the Slovak Republic, Article 98(1).
Source:	The Constitution of the Slovak Republic, Article 98-100: http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD130

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	c. Both constitutional and other issues
Comments:	Yes, but it is limited in the following way: “Basic rights and freedoms, taxes, levies and the state budget may not be the subject of a referendum.” - Constitution of the Slovak Republic, Article 93
Source:	The Constitution of the Slovak Republic, Article 93: http://aceproject.org/ero-en/regions/europe/SK/constitution-of-the-slovak-republic-as-amended-to/view
Verified:	2024/10/25

DD131

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	a. Yes
Comments:	Table 8.4. Frequency of usage of direct democracy mechanisms at the national level in Europe
Source:	Direct Democracy: The International IDEA Handbook. Page 186: https://www.idea.int/sites/default/files/publications/direct-democracy-the-international-idea-handbook.pdf
Verified:	2024/10/25

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