Act

of 24 August 1999

amending the Act of the Slovak National Council No 80/1990 Coll. on elections to the Slovak National Council, in wording of later regulations, and on amendments to certain acts

 

The National Council of the Slovak Republic has adopted the following Act:

 

Article I

Act of the Slovak National Council No 80/1990 Coll. on elections to the Slovak National Council as amended by the Act of the Slovak National Council No 8/1992 Coll., by the Act of the Slovak National Council No 104/1992 Coll., the Act of the National Council of the Slovak Republic No 518/1992 Coll., the Act of the National Council of the Slovak Republic No 157/1994 Coll., the Act of the National Council of the Slovak Republic No 81/1995 Coll., Act No 187/1998 Coll. and by the Ruling of the Constitutional Court of the Slovak Republic No 66/1999 Coll. shall be amended as follows:

 

1.   In Article 11 paragraph 3, the first sentence shall read as follows:

„Election Commissions shall be composed of equal number of the representatives of political parties or political movements (hereinafter referred to as „political party“), or election coalitions of political parties (hereinafter referred to as „coalition“) which submit candidate nomination papers.“

 

2. In Article 17 paragraph 1, the words „political parties“ shall be deleted.

 

3.   Paragraph 2 in Article 17 shall read as follows:

„(2) Political parties may agree to submit joint candidate nomination papers, and thus form a coalition. The provisions of this Act relating to a political party shall appropriately apply to the coalition. Compliance with the conditions referred to in paragraphs 3 and 4 with respect to a coalition shall be established in such manner as if the candidate nomination papers were submitted by one political party.“


 

4.   In Article 17 paragraph 3, the text after semicolon shall be deleted, and semicolon is replaced by full-stop.

5.   In Article 17 paragraph 6 (a), the words „or coalitions“ shall be added at the end.

6.   Paragraph 10 in Article 17 shall be deleted, and paragraphs 11, 12, and 13 shall be marked as paragraphs 10, 11 and 12.

7.   In Article 18 paragraph 2 (c), the words „or coalitions“ shall be inserted after the words „political parties“.

8.   In Article 19 paragraph 1, the last sentence shall be deleted.

9.   In Article 19 paragraph 3, the words „or coalitions“ shall be added at the end.

10. In Article 19 paragraph 4, the words „or coalitions“ shall be inserted after the words „candidate political parties“.

11. In Article 21 the last sentence shall be deleted.

12. Paragraph 1 in Article 22 shall read as follows:

„(1) Voting papers shall be printed for each political party and coalition, whose candidate nomination papers have been registered.“

13. In Article 23 paragraph 1, the third, fourth and fifth sentences shall be deleted.

14. In Article 23 paragraph 2, the words „or coalitions“ shall be inserted after the words „political parties“.

15. Paragraph 3 in Article 23 shall read as follows:

„(3) During the election campaign it is prohibited to broadcast election campaign at times, which are in radio and television broadcasting reserved for commercials, or to use radio and television  commercials for election campaign.“

 

16. In Article 23 paragraph 4, the words „or coalitions“ shall be inserted after the words „political parties“.

17. In Article 33 paragraph 3, the words „or coalitions“ shall be inserted after the words „political parties“ and the words “or of the coalition” shall be inserted after the words “of the political party”.

18. In Article 34 paragraph 1, the words „or coalition“ shall be inserted after the words „political party“.

19. In Article 34 paragraph 2, the words „or coalitions“ shall be inserted after the words „political parties“, and the words „or of the coalition“ shall be inserted after the words „of the political party“.

20. In Article 35 paragraph 2 subparagraphs (e), (f) and (g) the words „or coalitions“ shall be inserted after the words „political parties“ in a corresponding grammar form.

21. In Article 39 paragraph 2(e) the words „or coalition“ shall be added at the end.

22. In Article 39 paragraph 2 (f) the words „or coalition“ shall be inserted after the words „political party“, and the words „political movements“ shall be deleted.

23. In Article 39 paragraph 2 (g) the words „or coalitions“ shall be added at the end.

24. In Article 41 at the end of the first sentence the words „and coalition“ shall be inserted. The second sentence shall be deleted.

25. Paragraphs 2 to 4 in Article 41 shall be replaced by the new paragraphs 2 and 3, which read as follows:

„(2) The Central Election Commission shall furthermore ascertain:

a)   which political parties obtained less than five percent,

b)  which coalitions composed of two or more political parties obtained less than seven percent,

c)   which coalitions composed of at least four political parties obtained less than ten percent

from the total number of valid votes. In the subsequent ascertainment of election returns and allocation of mandates these political parties and coalitions and votes given to them shall not be taken into account.

(3) If the Central Election Commission ascertains that none of the political parties and none of the coalitions have met the requirements under paragraph 2, it shall gradually reduce

a)   for political parties the limit of five percent to the limit of four percent,

b)  for coalitions under paragraph 2(b) the limit of seven percent to the limit of six percent,

c)   for coalitions under paragraph 2(c) the limit of ten percent to the limit of nine percent,

so that in the subsequent ascertainment of election returns and allocation of mandates at least two political parties or two coalitions, or one political party and one coalition could be taken into account.“

 

26. In Article 42 paragraphs 1 to 5 the words „or coalitions“ shall be inserted after the words „political parties“ in a corresponding grammar form.

27. In Article 44 paragraph 2(c) the text after the first comma shall be deleted and the words „coalition of political parties“ shall be replaced by the word „coalition“.

28. Paragraph 1 in Article 48 shall read as follows:

„(1) If a mandate is vacated during the electoral term of the National Council of the Slovak Republic, a substitute from the same political party shall succeed, who shall be designated by the political party from among the candidates listed in the candidate nomination papers with due regard to the qualifications of the deputy, whose mandate has been vacated. This shall not apply, if a vacant mandate is to be taken up by a substitute who obtained in elections the required number of preferential votes pursuant to Article 42 paragraph 5.“

29. In Article 48 paragraph 2, the words „or of the coalition“ shall be inserted after the words „of the political party“.

30. In Article 52 paragraph 3 the words „or coalition“ shall be inserted after the words „political party“.

31. In Article 52 paragraph 4 the words „or coalition“ shall be inserted after the words „political party“.

32. In Article 53 paragraph 2 the words „or coalitions“ shall be inserted after the words „political parties“.

33. In Article 53 paragraph 3 the words „or coalitions“ shall be inserted after the words „political parties“, and the words „or coalition“ shall be inserted after the words „political party“.

 

Article II

Act No 99/1963 Coll. Code of Civil Procedure as amended by the Act No 36/1967 Coll., Act No 158/1969 Coll., Act No 49/1973 Coll., Act No 20/1975 Coll., Act No 133/1982 Coll., Act No 180/1990 Coll., Act No 328/1991 Coll., Act No 519/1991 Coll., Act No 263/1992 Coll., the Act of the National Council of the Slovak Republic No 5/1993 Coll., the Act of the National Council of the Slovak Republic No 46/1994 Coll., the Act of the National Council of the Slovak Republic No 190/1995 Coll., the Act of the National Council of the Slovak Republic No 232/1995 Coll., the Act of the National Council of the Slovak Republic No 233/1995 Coll., the Act of the National Council of the Slovak Republic No 22/1996 Coll., the Act of the National Council of the Slovak Republic No 58/1996 Coll., by the Ruling of the Constitutional Court of the Slovak Republic No 281/1996 Coll., Act No 211/1997 Coll., by the Ruling of the Constitutional Court of the Slovak Republic No 359/1997 Coll., Act No 124/1998 Coll., Act No 144/1998 Coll., Act No 169/1998 Coll., Act No 187/1998 Coll., Act No 225/1998 Coll., Act No 233/1998 Coll., Act No 235/1998 Coll., by the Ruling of the Constitutional Court of the Slovak Republic No 318/1998 Coll., Act No 331/1998 Coll., and by the Ruling of the Constitutional Court of the Slovak Republic No 66/1999 Coll. shall be amended  as follows:

 

1.   In Article 200g paragraph 1(a) to (c) the words „or coalition“ shall be inserted after the words „political party“.

2.   Paragraph 2 in Article 200g shall read as follows:

„(2) Participants in the procedure shall be a political party or coalition, which filed a motion in accordance with paragraph 1, a political party or coalition against whose registration of candidate nomination papers a motion pursuant to paragraph 1 subparagraph (a) or (b) has been filed, or a political party or coalition involved in a motion in case of a decision on refusal to register its candidate nomination papers pursuant to paragraph 1(c), and the Central Election Commission.“

 

Article III

Act No 468/1991 Coll. on operation of radio and television broadcasting as amended by the Act No 597/1992 Coll., the Act of the National Council of the Slovak Republic No 166/1993 Coll., the Act of the National Council of the Slovak Republic No 325/1993 Coll., the Act of the National Council of the Slovak Republic No 212/1995 Coll., the Act of the National Council of the Slovak Republic No 220/1996 Coll., Act No 160/1997 Coll., Act No 283/1997 Coll., Act No 187/1998 Coll., Act No 233/1998 Coll. and by the Ruling of the Constitutional Court of the Slovak Republic No 66/1999 Coll. shall be amended as follows:

 

Article 20a shall be deleted.


 

Article IV

 

This Act shall enter into force on the day of its promulgation.

 

Rudolf Schuster, m. p.

Jozef Migaš, m. p.

Mikuláš Dzurinda, m. p.