Chapter

Slovakia

Dagmar Lantajová, Juraj Jankuv and Jozef Kušlita

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0023
Slovakia

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Slovakia uses both the dualistic and monistic approaches. The monistic approach (with international law priority) can be seen in Article 7, paragraph (5) of the Constitution, but it has an ‘ex-nunc effect’ because it has been applied to self-executing treaties ratified after the Constitutional Act No 90/2001 came into effect, making these treaties directly applicable in domestic law. After the accession of the Slovak Republic to the European Union the monistic approach with acquis communitaire priority is applied to the relationship between Slovak municipal law and European law in accordance with Article 7, paragraph (2) of the Constitution. According to acquis communitaire, the European Union member states do not have the choice between monism and dualism. Rather, they are obliged to apply so-called ‘community monism’ with the acquis communitaire priority. As far as the international treaties ratified and promulgated prior to the Constitutional Act No 90/2001 are concerned, however, a soft dualist approach has been preserved.

Keywords: Slovakian law; customary international law; constitutional law; constitution; monism; dualism; acquis communitaire; domestic law

Chapter.  5209 words. 

Subjects: Public International Law

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