EUROPAM

European Public Accountability Mechanisms

Slovakia

Country score (European Average*)
  • 72(66) Political Financing
  • 85(50) Financial Disclosure
  • 78(40) Conflict of Interest
  • 62(56) Freedom of Information
  • 85(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)27851.60
Population, total5428704.00
Urban population (% of total)53.47
Internet users (per 100 people)80.48
Life expectancy at birth (years)77.21
Mean years of schooling (years)12.2
Global Competitiveness Index4.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on Political Parties and Movements (2005, amended 2016) and the Act on Limitation of Expenditures of the Political Parties on Advertising Before Elections (1994) are the main laws regulating the financing of political parties in Slovakia.

There are some restrictions on the private income of political parties. Donations from foreign entities and anonymous donors are banned. Donations from corporations are not banned except where the corporation is under partial government ownership. Trade unions are also permitted to donate but other entities are not and are specified in the law. There are limits on donations to parties outside of election periods but there appear to be no limits during election period,

Public funding is available for parties and is allocated based on the share of votes attained in the previous election and the representation in the elected body. There are specific rules regarding what the public funding may not be used for. There are provisions on subsidized access for the media which is allocated equally.

For regulation on spending, there is a ban on vote buying but not on state resources being used in favour or against a political party or candidate. There are limits on spending.

Parties are required to report on their finances annually and the reports are required to be made public. Reports must reveal financial information in relation to election campaigns and must reveal the identity of donors. Reports are overseen by the National Council of the Slovak Republic. There are sanctions in the form of fines for those breaching the provisions of the law.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income50505050
Public funding75756262
Regulations on spending75757575
Reporting, oversight and sanctions100100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. (1) The party may not receive donations and other non-refundable funds from: f) Natural person that is not citizen of the Slovak Republic; g) Legal entity headquartered abroad (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 24(1)(f)&(g))
Is there a ban on donations from foreign interests to candidates? Yes. Raising Funds for Promotion of Candidates for Presidential Office (1) A candidate for the presidential office shall be entitled to obtain donations and other gratuitous performance in support of his/her candidature only from natural persons with permanent residence on the territory of the Slovak Republic, from legal entities with registered office on the territory of the Slovak Republic or from political parties and movements registered in the Slovak Republic. (Act of 18 March 1999 on election of the president of the Slovak Republic, plebiscite, recalling of president and amending of some other acts, as amended by the Act no. 515/2003 Coll., Act no. 167/2008 Coll. and Act no. 445/2008 Coll.)

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework
Is there a ban on corporate donations to candidates? No. Section 18.‌1, "(1) A candidate for the presidential office shall be entitled to obtain donations and other gratuitous performance in support of his/‌her candidature only from natural persons with permanent residence on the territory of the Slovak Republic, from legal entities with registered office on the territory of the Slovak Republic or from political parties and movements registered in the Slovak Republic.‌" Separate rules exist for Presidential candidates finance, these do not include a ban on corporate donations. (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)
Is there a ban on donations from corporations with government contracts to political parties? No. Specific rules exist for Presidential candidates, no ban on such donations.
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. (1) The party may not receive donations and other non-refundable funds from: c) Legal entities whose assets are partially held by the State, the Ownership Fund of the Slovak Republic, or by larger localities or territorial units; (Law No. 85on Political Parties and Movements 2005, (amended 2016) Section 24(1)(c) )
Is there a ban on donations from corporations with government contracts to candidates? No. Specific rules exist for Presidential candidates, no ban on such donations. Section 18 Raising Funds for Promotion of Candidates for Presidential Office "(1) A candidate for the presidential office shall be entitled to obtain donations and other gratuitous performance in support of his/‌her candidature only from natural persons with permanent residence on the territory of the Slovak Republic, from legal entities with registered office on the territory of the Slovak Republic or from political parties and movements registered in the Slovak Republic.‌" (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)
Is there a ban on donations from corporations of partial government ownership to candidates? No. Section 18 Raising Funds for Promotion of Candidates for Presidential Office "(1) A candidate for the presidential office shall be entitled to obtain donations and other gratuitous performance in support of his/‌her candidature only from natural persons with permanent residence on the territory of the Slovak Republic, from legal entities with registered office on the territory of the Slovak Republic or from political parties and movements registered in the Slovak Republic.‌" (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Presidential candidates may receive private funding for his/‌her publicity campaign in the form of gifts and services free of charge, from permanent residents of the Slovak Republic, legal entities having their registered seat in the Slovak Republic and from political parties and movements registered in the Slovak Republic.‌ (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. The party has the obligation to keep a separate record of donations and other non-refundable funds. (Law No. 85 on Political Parties and Movements, 2005, amended 2015 Section 22(3))
Is there a ban on anonymous donations to candidates? No. Section 19 (1) A candidate for the presidential office shall be obliged to keep records of all donations obtained for his/her promotion and about their donors and to notify the Ministry of Finance of the Slovak Republic in writing of the total amount of funds obtained for his/her promotion (Section 18 § 1), and of the total amount of money paid for his/her promotion (Section 16). In the written notification, the candidate for the presidential office shall state the name, surname, permanent residence and the value of a donation or gratuitous performance of each donor, in case that the donor is a natural person and the value of the donation exceeded 331 EUR, and the name, registered office and value of a donation or gratuitous performance of each donor, in case that the donor is a legal entity and the value of the donation exceeded 331 EUR. Disclosure of identity if donation more than 331EUR (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. State resources are not included in the list of allowed income: (1) Party income may result from: a) Incomes from member subscriptions b) Incomes from donations and other non-refundable funds c) Incomes from inheritances d) incomes from renting or selling movable and immovable assets e) Incomes from bank interests f) Percentage incomes from trade company’s business g) Dividends from traded securities h) Incomes from loans and credits i) Incomes from the state budget j) other income from legal relations and fulfillment of obligations under special regulations (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 22(1))
Is there a ban on any other form of donation? Yes. c) Legal entities whose assets are partially held by the State, the Ownership Fund of the Slovak Republic, or by larger localities or territorial units; d) Civil associations, foundations, non-profit organizations performing community services, non-investment funds, legal entities shareholders, municipal associations, extraneity organizations e) Public institutions and other legal entities established by the law; (Law No. 85on Political Parties and Movements, 2005 (amended 2016) Section 24(c), (d) & (e) )

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. (2)The party may receive a financial donation in cash from a donor only once during a calendar year, in amount of maximum euro 5000. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 24(2) & 31a(1))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (1) The party shall receive contributions for votes according to the individual regulation. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 26(1))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Party’s contributions from the state budget are: a) Contributions for votes obtained after elections (hereinafter only « contributions for votes ») b) Contributions for activity c) Contributions per mandate. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 25)
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other Yes. 27 (1) Each party obtaining contributions for votes has the right to contributions for activity. 28(1) Depending on the number of mandates obtained within the National Council of the Slovak Republic, the party has the right to contribution for mandate in amount of: multiple of the average nominal monthly salary in the Slovak Republic, amount ascertained by the institution, for the calendar year previous to the year in which the elections took place (hereinafter the “average salary”). (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 27(1) & 28(1))

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Exclusively proportional. Ongoing funding; Part proportionate to votes won, part proportionate to seats. Campaign funding; proportionate to votes won in just concluded election (funds provided post-election). (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 27(2) & 28(1))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other Yes. the elections year maximum three parts of the amount shall be paid, and for each full year of mandate shall be paid 12 parts and in the year of the following elections the rest of the amount shall be paid. If the activity of the National Council of the Slovak Republic is concluded before the end of the mandate, the remained parts shall be decreased by the number of months the mandate was shortened. (1) Depending on the number of mandates obtained within the National Council of the Slovak Republic, the party has the right to contribution for mandate in amount of: multiple of the average nominal monthly salary in the Slovak Republic, amount ascertained by the institution, for the calendar year previous to the year in which the elections took place (hereinafter the “average salary”). For each obtained mandate, within the limit of 12 mandates, the party has the right to contribution for mandate in amount multiple of 30 of the average salary. For the twenty first mandate and for all following mandates, the party has the right to contribution for mandate in amount multiple of 20 of the average salary. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 27(2) & 28(1))

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. Contributions from the state budget according to § 25 shall not be used by the party for: a) Loans or credits to natural persons or legal entities b) Silent partnership agreements, c) Business of the trade company established by the party or in which the party is sole shareholder d) Pledge on behalf of natural persons or legal entities e) Donations f) Payment of fines or other financial sanctions. (Law No. 85 on Political Parties and Movements, 2005, amended 2016, Section 29)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Art.10 (6). Slovak Radio, Slovak Television and any licensed broadcaster shall ensure to all political parties and candidate of the coalition of political parties equal conditions for the purchase of broadcasting time as well as equal price and payment conditions. (Article 10 (6), Law No. 181 on the election campaign and amendments to Law No. 85 on political parties and movements, 2014)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. Section 15, "(3) At the time of the campaign, each candidate shall have the same access to the mass media.‌ (4) For the campaign under Paragraph 1, the Slovak Radio and the Slovak Television shall reserve maximally one hour of the broadcasting time per candidate, and maximally 10 hours of the broadcasting time in total, in a manner securing that none of the candidates is disadvantages by determination of the broadcasting time.‌ Any claim to the broadcasting time must be filed at the latest five days before commencement of the campaign, otherwise it shall be forfeited.‌ The Slovak Television and the Slovak Radio shall secure a clear marking and separation of this broadcasting from other programmes.‌ (5) A licence holder for the radio or television broadcasting (hereinafter the “licence holder”) can reserve maximally one hour of the broadcasting time per candidate and maximally 10 hours of the broadcasting time in total.‌ Licence holders shall secure a clear marking and separation of this broadcasting time from other programmes by informing the public that this is a paid political advertising.‌ (6) Payment for use of the telecommunication means11) shall be provided to the Slovak Radio and the Slovak Television from the State budget of the Slovak Republic according to the extent of the broadcasting time provided under Paragraph 4.‌ "(7) The costs of the campaign in the radio and television broadcasting of licence holders shall be paid by candidates or political parties and political movements, which proposed them.‌ Licence holders shall be obliged to secure to all candidates the same conditions of purchase of the broadcasting time and the same prices and terms of payment.‌" (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Art.16. In the capital of Slovakia Bratislava and in the city district of Kosice, general binding regulations shall designate spaces and determine the conditions for placing election posters in public places during the election campaign for elections to the National Council of the Slovak Republic, the elections to the European Parliament elections to bodies of self-governing regions and elections to municipal bodies. The designation must conply with the principle of equality for the contesting bodies. (Article 16, Law No. 181 on the election campaign and amendments to Law No. 85 on political parties and movements, 2014)
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Vote buying was criminalized in 2011. (Criminal Code (300/2005 Coll.), § 336a ("Electoral corruption"))
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. A spending limit applies from the promulgation of elections until the election day. Limit of 12,000,000 SKK [around I$ 698,000] for political parties on advertising. Art. 3(1). Political parties and political movements may spend a maximum of EUR 3,000,000 in the elections of the National Council of the Slovak Republic and in the elections of the European Parliament. Art. 5 (1). The candidate for the President of the Slovak Republic [...] may spend a maximum of EUR 500,000 for their election campaign including the value added tax for both election rounds Art. 6 (1). Indipendent candidates may spend: a) for the function of President of the Regional Government a maximum of EUR 250,000; b) for the function of mayor of the Slovark capital Bratislava or of Kosice a maximum of EUR 250,000; c) for the function of mayor: 1) a maximum of EUR 100,000 in a city of 60,000 inhabitants; 2) a maximum of EUR 70,000 in a city of 30,001 to 60,000 inhabitants; 3) a maximum of EUR 50,000 in a city of 16,001 to 30,000 inhabitants; 4) a maximum of EUR 20,000 in a city of 10,001 to 16,000 inhabitants; 5) a maximum of EUR 10,000 in a city of 5,001 to 10,000 inhabitants; 6) a maximum of EUR 5,000 in a city of 2,001 to 5,000 inhabitants; 7) a maximum of EUR 2,000 in a city of 2,000 inhabitants. (Articles 3, 5 and 6, Law No. 181 on the election campaign and amendments to Law No. 85 on political parties and movements, 2014)
Are there limits on the amount a candidate can spend? Yes. Limit for presidential candidates is EUR 132.775 [I$ 233,000] (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​ Section 16)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. (1) The party has the obligation to draft the yearly report for the previous calendar year. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 30(1))
Do political parties have to report on their finances in relation to election campaigns? Yes. (1) The party has the obligation to draft the yearly report for the previous calendar year. (m) an overview of the cost of an election campaign for each type of election that took place in the year in questionaccording to a special regulation, (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 30(1))
Do candidates have to report on their campaign finances? Yes. Presidential candidates only. "A candidate for the presidential office shall be obliged to keep records of all donations obtained for his/her promotion and about their donors and to notify the Ministry of Finance of the Slovak Republic in writing of the total amount of funds obtained for his/her promotion (Section 18 § 1), and of the total amount of money paid for his/her promotion (Section 16). In the written notification, the candidate for the presidential office shall state the name, surname, permanent residence and the value of a donation or gratuitous performance of each donor, in case that the donor is a natural person and the value of the donation exceeded 331 EUR, and the name, registered office and value of a donation or gratuitous performance of each donor, in case that the donor is a legal entity and the value of the donation exceeded 331 EUR." (Act of 18 March 1999 on Election of the President of the Slovak Republic, Plebiscite, Recalling of President and Amending of some other Acts, as amended by the Act No.​ 515/​2003 Coll.​, Act no.​ 167/​2008 Coll.​ and Act no.​ 445/​2008 Coll.​ )
Is information in reports from political parties and/​or candidates to be made public? Yes. (4) The party has the obligation to publish at each three months the list of donors on its website, within 30 days as of the end of each 3 months term. The list of donors must include the forenames, names and permanent domicile addresses of the donors in case of natural persons - contractor and trade name in case of legal entities, name or trade name and headquarters address and value of the financial donation. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 23(4))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. (3) The party has the obligation to keep a separate record of donations and other non-refundable funds, including the date of receiving the donations or other non-refundable funds, the amounts and identification data of the donor or identification data of the contractual party that offered the non-refundable funds. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 23(2))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. If the annual report does not contain the information referred to in paragraph 2, if the data are not complete or true, or if the annual report finds otherviolation of the law, the State Commission shall invite the party to remedy the deficiencies within the specified time, not later than 30 June. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 30(6))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. The yearly report for the previous calendar year shall be submitted by the party to the National Council of the Slovak Republic, each year until April 30th. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 30(1))

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. If the annual report does not contain the information referred to in paragraph 2, if the data are not complete or true, or if the annual report finds otherviolation of the law, the State Commission on Election and Control of the Financing of Political Parties shall invite the party to remedy the deficiencies within the specified time, not later than 30 June. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 30(6))
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency Yes. The financial control for observing the conditions for granting the contributions from the state budget as well as their proper use shall be performed by the financial control administration. (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 32)
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. (1) The Ministry shall impose on the Party a fine from EUR 600 to EUR 3 500 if the Party fails to submit to the Ministry within the time limit referred to in Article 9 1, § 10 par. 1 a§ 11 par. 1 proposal to change the data entered in the registry of the parties and within the time limit pursuant to § 12 par. 2 a proposal for the registration of new statutes parties. The Ministry shall impose a fine on the party from EUR 600 to EUR 3500 if the Party or its Member has infringed Article 2 Second (2) The State Commission shall impose on the party a fine of EUR 3,500 if the party has not submitted an annual report within the time limit referred to in Article 30 l. (3) The State Commission shall impose on the party a fine of EUR 200 to EUR 2 000, unless the party has removed the deficiencies identified within the time limit under Article 30 6th (4) The State Commission shall impose on the party a fine of EUR 5,000 if it fails to fulfill the obligation under Article 22 5th (5) The State Commission shall impose a fine on the party in the amount of double the income from the donation or from any other gratuitous fulfillment if the party has accepted the giftor other gratuitous performance in violation of this law. (6) The State Commission shall impose a fine of EUR 5 000 on a legal person who fails to fulfill an obligation under Section 31a.(7) The fines referred to in paragraphs 1 to 6 may be imposed within two years from the date on which the Ministry or the State Commissionviolation of the law, but no later than three years from the day of the violation. (8) When imposing a fine and deciding on its amount, account shall be taken of the seriousness, the manner of proceedings and the duration of the unlawful situation.(9) An appeal can not be lodged against the decision of the State Commission (Law No. 85 on Political Parties and Movements, 2005, amended 2016 Section 31(2))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Law No. 85 on Political Parties and Movements, 2005, amended 2016 (Slovakian)pdf
Law No. 181 on the election campaign and amendments to Law No. 85 on political parties and movements, 2014 (Slovakian)pdf
Act of 18 March 1999 on election of the president of the Slovak Republic, plebiscite, recalling of president and amending of some other acts, as amended by the Act no. 515/2003 Coll., Act no. 167/2008 Coll. and Act no. 445/2008 Coll. (English)pdf
Criminal Code (300/2005 Coll.), amended 2016 (Slovakian)pdf

Financial Disclosure

The Slovakian Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005) collects all financial disclosure legislation for all public officials. The same rules apply to the Head of State, Ministers, Members of Parliament, and Civil Servants. These must disclose real estate, movable assets, cash, debts and all income earned from public and private employment. The spouse and children are to be included in the financial disclosure. All public officials are expected to voice possible conflicts of interests as early as possible in the decision-making process. At the end of a one-year period after ending tenure, all public officials must submit a declaration on remaining possible conflicts of interests.

Public officials make their statements upon taking and leaving office, while updates are submitted annually. In case public officials submit their declarations too late, fail to make declarations, or submit false disclosure statements a fine may be imposed. The two latter cases can also lead to a removal from office. All public officials make their disclosure statements with a special committee of the National Council. This commmitte is also responsible for verifying the accuracy of submissions, and enforcing possible sanctions.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items76747474
Filing frequency50100100100
Sanctions100100100100
Monitoring and Oversight100100100100
Public access to declarations50505050

Alternative Metric

2012201520162017Trend
Head of State75858585
Ministers75858585
Members of Parliament75858585
Civil servants76858585

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. their economic standing and economic standing of their spouse and minors living in their household, including their personal data in the following way: first name, surname and address of their permanent residence. (Article 7 e) of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income and Assets
Real estate Yes. The public official is required to declare his or her real estate (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Movable assets Yes. The public official is required to declare his or her movable assets valued greater than 35 times the minimum wage must be declared. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cash Yes. The public official is required to declare his or her “ownership of proprietary right or other proprietary value,” including cash, whose aggregate value is greater than 35 times the minimum wage . (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Loans and Debts Yes. The public official is required to declare his or her debts whose value exceeds 35 times the minimum wage. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income from outside employment/assets Yes. The public official is required to declare his or here arned income, including salaries from public office, and other offices or professions or activities. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The Public official shall, within 30 days of the end of the one-year-period following the end of public office, submit a written declaration for the previous calendar year on any possible conflicts of interest, as outlined in the Article. (Article 5 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. The public official shall, in a discussion by an authority on a matter in which he/she has vested interest, declare his/her personal vested interest in the matter prior to making a statement in the discussion. (Article 6 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be made within 30 days of taking office . (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required upon leaving office Yes. Any public official, , shall, within a period of 30 days of the end of the one-year-period of the end of performance of the public office, submit a written declaration for the previous calendar year (Article 8 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005) )
Filing required annually Yes. Declarations must be made annually by 31 March (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Ad hoc filing required upon change in assets or conflicts of interest Yes. acording to the incompatibility of jobs offices and activities (Article 5 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A fine equal to one month’s wage may be levied for late filing after March The specific procedures for removal from office are described in articles 9 and 10 of this law. (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing may result in removal from office and/or a fine equal to one month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on an asset declaration may result in removal from office and/or a fine equal to three month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Monitoring and Oversight

Depository body explicitly identified Yes. The special committee of the National Council serves as depositary body (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Enforcement body explicitly identified Yes. The special committee of the National Council is supposed to investigate (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying submission Yes. The special committee of the National Council is supposed verify submission (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying accuracy Yes. The special committee of the National Council is supposed verify acurrancy but its not mandatory (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Public access to declarations

Public availability Yes. Declarations are publicly available on the website of the National Council of the Slovak Republic (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. online (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. their economic standing and economic standing of their spouse and minors living in their household, including their personal data in the following way: first name, surname and address of their permanent residence. (Article 7 e) of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income and Assets
Real estate Yes. The public official is required to declare his or her real estate (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Movable assets Yes. The public official is required to declare his or her movable assets valued greater than 35 times the minimum wage must be declared. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cash Yes. The public official is required to declare his or her “ownership of proprietary right or other proprietary value,” including cash, whose aggregate value is greater than 35 times the minimum wage . (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Loans and Debts Yes. The public official is required to declare his or her debts whose value exceeds 35 times the minimum wage. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income from outside employment/assets Yes. The public official is required to declare his or here arned income, including salaries from public office, and other offices or professions or activities. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The Public official shall, within 30 days of the end of the one-year-period following the end of public office, submit a written declaration for the previous calendar year on any possible conflicts of interest, as outlined in the Article. (Article 5 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. The public official shall, in a discussion by an authority on a matter in which he/she has vested interest, declare his/her personal vested interest in the matter prior to making a statement in the discussion. (Article 6 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be made within 30 days of taking office . (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required upon leaving office Yes. Any public official, shall, within a period of 30 days of the end of the one-year-period of the end of performance of the public office, submit a written declaration for the previous calendar year (Article 8 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required annually Yes. Declarations must be made annually by 31 March (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Ad hoc filing required upon change in assets or conflicts of interest Yes. acording to the incompatibility of jobs offices and activities (Article 5 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A fine equal to one month’s wage may be levied for late filing after March The specific procedures for removal from office are described in articles 9 and 10 of this law. (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing may result in removal from office and/or a fine equal to one month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on an asset declaration may result in removal from office and/or a fine equal to three month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Monitoring and Oversight

Depository body explicitly identified Yes. The special committee of the National Council serves as depositary body (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Enforcement body explicitly identified Yes. The special committee of the National Council is supposed to investigate (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying submission Yes. The special committee of the National Council is supposed verify submission (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying accuracy Yes. The special committee of the National Council is supposed verify acurrancy but its not mandatory (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Public access to declarations

Public availability Yes. Declarations are publicly available on the website of the National Council of the Slovak Republic (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Timing of information release specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. their economic standing and economic standing of their spouse and minors living in their household, including their personal data in the following way: first name, surname and address of their permanent residence. (Article 7 e) of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income and Assets
Real estate Yes. The public official is required to declare his or her real estate (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Movable assets Yes. The public official is required to declare his or her movable assets valued greater than 35 times the minimum wage must be declared. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cash Yes. The public official is required to declare his or her “ownership of proprietary right or other proprietary value,” including cash, whose aggregate value is greater than 35 times the minimum wage . (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Loans and Debts Yes. The public official is required to declare his or her debts whose value exceeds 35 times the minimum wage. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income from outside employment/assets Yes. The public official is required to declare his or here arned income, including salaries from public office, and other offices or professions or activities. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The Public official shall, within 30 days of the end of the one-year-period following the end of public office, submit a written declaration for the previous calendar year on any possible conflicts of interest, as outlined in the Article. (Article 5 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. The public official shall, in a discussion by an authority on a matter in which he/she has vested interest, declare his/her personal vested interest in the matter prior to making a statement in the discussion. (Article 6 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be made within 30 days of taking office . (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required upon leaving office Yes. Any public official, shall, within a period of 30 days of the end of the one-year-period of the end of performance of the public office, submit a written declaration for the previous calendar year (Article 8 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required annually Yes. Declarations must be made annually by 31 March (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Ad hoc filing required upon change in assets or conflicts of interest Yes. acording to the incompatibility of jobs offices and activities (Article 5 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A fine equal to one month’s wage may be levied for late filing after March The specific procedures for removal from office are described in articles 9 and 10 of this law. (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Non-filing may result in removal from office and/or a fine equal to one month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Providing false information on an asset declaration may result in removal from office and/or a fine equal to three month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Monitoring and Oversight

Depository body explicitly identified Yes. The special committee of the National Council serves as depositary body (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Enforcement body explicitly identified Yes. The special committee of the National Council is supposed to investigate (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying submission Yes. The special committee of the National Council is supposed verify submission (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying accuracy Yes. The special committee of the National Council is supposed verify acurrancy but its not mandatory (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Public access to declarations

Public availability Yes. Declarations are publicly available on the website of the National Council of the Slovak Republic (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Timing of information release specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. their economic standing and economic standing of their spouse and minors living in their household, including their personal data in the following way: first name, surname and address of their permanent residence. (Article 7 e) of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income and Assets
Real estate Yes. The public official is required to declare his or her real estate (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Movable assets Yes. The public official is required to declare his or her movable assets valued greater than 35 times the minimum wage must be declared. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cash Yes. The public official is required to declare his or her “ownership of proprietary right or other proprietary value,” including cash, whose aggregate value is greater than 35 times the minimum wage . (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Loans and Debts Yes. The public official is required to declare his or her debts whose value exceeds 35 times the minimum wage. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Income from outside employment/assets Yes. The public official is required to declare his or here arned income, including salaries from public office, and other offices or professions or activities. (Article 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. The Public official shall, within 30 days of the end of the one-year-period following the end of public office, submit a written declaration for the previous calendar year on any possible conflicts of interest, as outlined in the Article. (Article 5 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. The public official shall, in a discussion by an authority on a matter in which he/she has vested interest, declare his/her personal vested interest in the matter prior to making a statement in the discussion. (Article 6 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. A declaration must be made within 30 days of taking office . (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required upon leaving office Yes. Any public official, shall, within a period of 30 days of the end of the one-year-period of the end of performance of the public office, submit a written declaration for the previous calendar year (Article 8 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Filing required annually Yes. Declarations must be made annually by 31 March (Article 3 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Ad hoc filing required upon change in assets or conflicts of interest Yes. acording to the incompatibility of jobs offices and activities (Article 5 and 7 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Written reproof, A fine equal to one month’s wage may be levied for late filing after March The specific procedures for removal from office are described in articles 9 and 10 of this law. (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Written reproff, Non-filing may result in removal from office and/or a fine equal to one month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Written Reproof, Providing false information on an asset declaration may result in removal from office and/or a fine equal to three month’s wages after March (Article 9 and 10 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Monitoring and Oversight

Depository body explicitly identified Yes. The special committee of the National Council serves as depositary body (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Enforcement body explicitly identified Yes. The special committee of the National Council is supposed to investigate (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying submission Yes. The special committee of the National Council is supposed verify submission (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Some agency assigned responsibility for verifying accuracy Yes. The special committee of the National Council is supposed verify acurrancy but its not mandatory (Article 7 and 9 of Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))

Public access to declarations

Public availability Yes. Declarations are publicly available on the website of the National Council of the Slovak Republic (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. online (Article 7 Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials (2004, last amended 2005))
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 (English)pdf

Conflict of Interest

Slovakian legislation governing conflicts of interests is laid down in the Constitution (1992, amended in 2004), and in the Constitutional Act on Protection of Public Interest (2004, amended 2005). These laws apply the same limitations to the Head of State, Ministers, Members of Parliament, and Civil Servants. A general clause obliges public officials to generally avoid conflicts of interests. Moreover, accepting gifts, performing entrepreneurial activity in the private or public sector, and holding steering or advisory functions in a company is forbidden. Public officials may not take up employment with any organization that received financial contributions by the state for two years after ending tenure. Finally, public officials are prevented from mediating business contracts with any state-related organizations for themselves or for family members.

Violating regulations on conflicts of interests may lead to a loss of wages for up to twelve months, the loss of mandate, or imprisonment for up to twelve years. These sanctions may be applied to all public officials. There is no designated body to provide guidance or monitoring to public officials. All the while, the Committee of the National Council of the Slovak Republic functions as enforcement body for all public officials alike.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions75828282
Sanctions67100100100
Monitoring and Oversight50505050

Alternative Metric

2012201520162017Trend
Head of State66808080
Ministers66808080
Members of Parliament66777777
Civil servants59737373

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. A public official shall seek and protect public interest by the performance of his office. A public official may not prefer personal interest over public interest in the performance of his office. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Accepting gifts Yes. The president may not solicit presents, accept presents, induce other persons to give him presents or receive other advantages related to the performance of his office; this shall not apply to presents customarily given in the performance of a public office or to presents given under statutory provisions (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Private firm ownership and/or stock holdings Yes. The president must not perform any other paid function, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial activity. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 103(5) of the Constitution (1992, amended in 2014) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Ownership of state-owned enterprises (SOEs) Yes. The president must not perform any other paid function, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial activity. The President shall not mediate any business with government entities or engage in any other gainful activity in general. (Article 103(5) of the Constitution (1992, amended in 2014) Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Holding government contracts Yes. The president must not perform any other paid function, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial activity. The President shall not mediate any business with government entities or engage in any other gainful activity in general. (Article 103(5) of the Constitution (1992, amended in 2014) Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Board member, advisor, or company officer of private firm Yes. The president must not perform any other paid function, profession, or entrepreneurial activity and must not be a member of the body of a juridical person engaged in entrepreneurial activity. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 103(5) of the Constitution (1992, amended in 2014) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Post-employment Yes. Any public official who, at any time within the period of two years before the end of performance of public office, approves the granting of state aid to natural persons or legal persons, or grants or approves another subsidy or benefit to natural persons or legal persons, or releases natural persons or legal persons from obligations arising from generally binding regulations or individual legal acts, may not, in the period of one year of the end of performance of the public office: a) take up employment or enter into a similar industrial relation with such persons and receive a wage that is more than ten times higher than the minimum wage; b) be a member of the management, controlling or supervisory board of these persons; c) be a partner, member or shareholder of these persons; d) conclude a procuration agreement, mandate agreement, commission contract, brokerage contract, commercial representation contract, silent partnership agreement or a donation agreement with these persons; e) conclude an agreement authorising him to act on behalf of these persons. (Article 8 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Simultaneously holding policy-making position and policy-executing position Yes. A deputy of the National Council of the Slovak Republic, member of the Government of the Slovak Republic, judge, prosecutor, member of the armed forces of another armed corps, or member of the Supreme Control Office of the Slovak Republic be elected president, should leave his previous function from the day of his election to the Presidential role. (Article 103(4) of the Constitution (1992, amended in 2014))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. The president may not mediate for himself, his close relatives, for other natural persons or legal persons – unless such mediation is entailed in the discharge of his official duties – business contacts with the following entities: the state, municipality, higher territorial unit, state company, state fund, National Property Fund of the Slovak Republic or other legal person established by the state, budget organization or contribution funded organization established by municipality, budget organization or contribution funded organization established by higher territorial unit; or other legal persons with capital participation of the state, the National Property Fund of the Slovak Republic, a municipality or a higher territorial unit. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The President faces fines from six to twelve months of wages for not complying with restriction on conflict of interest pursuant to this Act. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 )
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The President faces loss of mandate if it is decided with finality in the previous proceedings held against the President, that he/she has failed to meet or breached an obligation or restriction laid down by this Constitutional Act or the law, or stated incomplete or incorrect data in the declaration of conflict of interest. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A public official who, in connection with the procurement of a thing of general interest directly or through an intermediary, for himself or for another person, receives, requests or promise of a bribe, shall be punished by imprisonment for a term of five to twelve years (Article 329(2) of the Criminal Code (2005))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Proceedings regarding a petition in a matter concerning protection of public interest and prevention of conflict of interest shall be conducted by the Committee of the National Council of the Slovak Republic. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Ministers

Restrictions

General restriction on conflict of interest Yes. A public official shall seek and protect public interest by the performance of his office. A public official may not prefer personal interest over public interest in the performance of his office. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Accepting gifts Yes. The president may not solicit presents, accept presents, induce other persons to give him presents or receive other advantages related to the performance of his office; this shall not apply to presents customarily given in the performance of a public office or to presents given under statutory provisions (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Private firm ownership and/or stock holdings Yes. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 109(2) of the Constitution (1992, amended in 2014) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Ownership of state-owned enterprises (SOEs) Yes. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. (Article 109(2) of the Constitution (1992, amended in 2004) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Holding government contracts Yes. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. (Article 109(2) of the Constitution (1992, amended in 2014) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Board member, advisor, or company officer of private firm Yes. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. (Article 109(2) of the Constitution (1992, amended in 2014) Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Post-employment Yes. Any public official who, at any time within the period of two years before the end of performance of public office, approves the granting of state aid to natural persons or legal persons, or grants or approves another subsidy or benefit to natural persons or legal persons, or releases natural persons or legal persons from obligations arising from generally binding regulations or individual legal acts, may not, in the period of one year of the end of performance of the public office: a) take up employment or enter into a similar industrial relation with such persons and receive a wage that is more than ten times higher than the minimum wage; b) be a member of the management, controlling or supervisory board of these persons; c) be a partner, member or shareholder of these persons; d) conclude a procuration agreement, mandate agreement, commission contract, brokerage contract, commercial representation contract, silent partnership agreement or a donation agreement with these persons; e) conclude an agreement authorising him to act on behalf of these persons. (Article 8 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Simultaneously holding policy-making position and policy-executing position Yes. The execution of the post of a Government member is incompatible with the execution of a mandate of a Member of Parliament, execution of a post in any other public authority body, an employment in a state body, any contract of employment, or similar employment relation, entrepreneurial activity, membership in a management or control body of a legal person engaged in an entrepreneurial activity or another economic or gainful activity, with the exception of the administration of their own property and scientific, teaching, literary, and artistic activity. (Article 109(2) of the Constitution (1992, amended in 2004))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. The president may not mediate for himself, his close relatives, for other natural persons or legal persons – unless such mediation is entailed in the discharge of his official duties – business contacts with the following entities: the state, municipality, higher territorial unit, state company, state fund, National Property Fund of the Slovak Republic or other legal person established by the state, budget organization or contribution funded organization established by municipality, budget organization or contribution funded organization established by higher territorial unit; or other legal persons with capital participation of the state, the National Property Fund of the Slovak Republic, a municipality or a higher territorial unit. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Ministers face fines from six to twelve months of wages for not complying with restriction on conflict of interest pursuant to this Act. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 )
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A Minister faces loss of mandate if it is decided with finality in the previous proceedings held against the Minister, that he/she has failed to meet or breached an obligation or restriction laid down by this Constitutional Act or the law, or stated incomplete or incorrect data in the declaration on conflict of interest. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A public official who, in connection with the procurement of a thing of general interest directly or through an intermediary, for himself or for another person, receives, requests or promise of a bribe, shall be punished by imprisonment for a term of five to twelve years (Article 329(2) of the Criminal Code (2005))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Proceedings regarding a petition in a matter concerning protection of public interest and prevention of conflict of interest shall be conducted by the Committee of the National Council of the Slovak Republic. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. A public official shall seek and protect public interest by the performance of his office. A public official may not prefer personal interest over public interest in the performance of his office. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Accepting gifts Yes. The president may not solicit presents, accept presents, induce other persons to give him presents or receive other advantages related to the performance of his office; this shall not apply to presents customarily given in the performance of a public office or to presents given under statutory provisions (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Private firm ownership and/or stock holdings Yes. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Ownership of state-owned enterprises (SOEs) Yes. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Holding government contracts Yes. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Board member, advisor, or company officer of private firm Yes. A Public official may not be the statutory body or a member of the statutory body, a member of a steering, control or supervisory body of a legal person, which was established for the conduct of business activity, with the exception of a general meeting and members’ meeting. Public officials may not conduct business; this shall not apply to the conduct of a profession which may only be performed by a natural person under conditions stipulated by law. (Article 5(2) of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Post-employment Any public official who, at any time within the period of two years before the end of performance of public office, approves the granting of state aid to natural persons or legal persons, or grants or approves another subsidy or benefit to natural persons or legal persons, or releases natural persons or legal persons from obligations arising from generally binding regulations or individual legal acts, may not, in the period of one year of the end of performance of the public office: a) take up employment or enter into a similar industrial relation with such persons and receive a wage that is more than ten times higher than the minimum wage; b) be a member of the management, controlling or supervisory board of these persons; c) be a partner, member or shareholder of these persons; d) conclude a procuration agreement, mandate agreement, commission contract, brokerage contract, commercial representation contract, silent partnership agreement or a donation agreement with these persons; e) conclude an agreement authorising him to act on behalf of these persons. (Article 8 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Simultaneously holding policy-making position and policy-executing position Yes. The post of a Member of Parliament is incompatible with the post of judge, prosecutor, public defender of rights, member of the Armed Forces, member of Armed Corps and member of the European Parliament. (Article 77(1) of the Constitution (1992, amended in 2004))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. The president may not mediate for himself, his close relatives, for other natural persons or legal persons – unless such mediation is entailed in the discharge of his official duties – business contacts with the following entities: the state, municipality, higher territorial unit, state company, state fund, National Property Fund of the Slovak Republic or other legal person established by the state, budget organization or contribution funded organization established by municipality, budget organization or contribution funded organization established by higher territorial unit; or other legal persons with capital participation of the state, the National Property Fund of the Slovak Republic, a municipality or a higher territorial unit. (Article 4 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Members of the Parliament face fines from six to twelve months of wages for not complying with restriction on conflict of interest pursuant to this Act. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A Member of the Parliament faces loss of mandate if it is decided with finality in the previous proceedings held against the MP, that he/she has failed to meet or breached an obligation or restriction laid down by this Constitutional Act or the law, or stated incomplete or incorrect data in the declaration on conflict of interest. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A public official who, in connection with the procurement of a thing of general interest directly or through an intermediary, for himself or for another person, receives, requests or promise of a bribe, shall be punished by imprisonment for a term of five to twelve years (Article 329(2) of the Criminal Code (2005))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Proceedings regarding a petition in a matter concerning protection of public interest and prevention of conflict of interest shall be conducted by the Committee of the National Council of the Slovak Republic. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)

Civil Servants

Restrictions

General restriction on conflict of interest Yes. Civil Service shall always act in the public interest and shall be obliged to refrain from any action that could result in the conflict of public interest with private interests of Civil Service, their significant others or other natural persons and legal entities. They shall have the obligation of informing their superior of any potential conflict of interest immediately. (Article 3 of the Code of Ethics for Civil Service (2002))
Accepting gifts Yes. Civil Service shall not require or accept gifts and any other benefits that could have any influence on their decision-making and professional approach to the matter or which could be considered a reward for work that is their duty. This shall not apply to awards given to the civil servant by the service office for merits and on extraordinary occasions. (Article 61 of the Civil Service Act (2009, amended 2016) Article 4 of the Code of Ethics for Civil Service (2002))
Private firm ownership and/or stock holdings Yes. A civil servant may not continue doing business, engaging in any gainful activity, being a member of the management, control or supervisory bodies corporate. (Article 61 of the Civil Service Act (2009, amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. A civil servant may not continue doing business, engaging in any gainful activity, being a member of the management, control or supervisory bodies corporate. (Article 61 of the Civil Service Act (2009, amended 2016))
Holding government contracts Yes. Civil Service shall not perform another entrepreneurial activities or any other profitable activities that are identical or similar to their duties of civil service, and they must not be members of steering, controlling and supervisory bodies of legal persons. (Article 61 of the Civil Service Act (2009, amended 2016))
Board member, advisor, or company officer of private firm Yes. A civil servant may not continue doing business, engaging in any gainful activity, being a member of the management, control or supervisory bodies corporate. (Article 61 of the Civil Service Act (2009, amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector Yes. Civil Service may not be employed in the civil service related to direct subordination of or controllability over close relatives. Civil Service are not allowed to favorite their close relatives in exercising the civil service duties. Civil Service shall not improperly use benefits of they position for themselves, their significant others or other natural persons and legal entities. (Articles 30-61 of the Civil Service Act (2009, amended 2016) Article 5 of the Code of Ethics for Civil Service (2002))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Public servants face fines from six to twelve months of wages for not complying with restriction on conflict of interest pursuant to this Act. (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. A public servant faces loss of mandate if it is decided with finality in the previous proceedings held against the public servant, that he/she has failed to meet or breached an obligation or restriction laid down by this Constitutional Act or the law, or stated incomplete or incorrect data in the declaration on conflict of interest. A civil servant faces loss of employment in cases of significant violation of his/her duties or in case of violation of his/her duties repeatedly (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 Articles 51-47 of the Civil Service Act (2009, amended 2016))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. A public official who, in connection with the procurement of a thing of general interest directly or through an intermediary, for himself or for another person, receives, requests or promise of a bribe, shall be punished by imprisonment for a term of five to twelve years (Article 329(2) of the Criminal Code (2005))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Proceedings regarding a petition in a matter concerning protection of public interest and prevention of conflict of interest shall be conducted by the Committee of the National Council of the Slovak Republic. The Civil Service Office is empowered for proceedings in the matters concerning conflict of interest issues and declarations of assets (Article 9 of the Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 Articles 30-63-64 of the Civil Service Act (2009, amended 2016) )

Qualitative data for 2017


Legislation

Civil Service Act, 2009, amended 2016 (Slovak)pdf
Code of Ethics for Civil Servants, 2002 (English)pdf
Constitution, 1992, amended in 2014 (Slovak)pdf
Constitutional Act No. 357 on the Protection of Public Interest in the Performance of Offices by Public Officials, 2004, amended 2005 (English)pdf
Criminal Code, 2005 (English)pdf

Freedom of Information

The freedom of information regime in Slovakia is established by Act 211/2000 on free access to information (2000, amended 2005). The FOI law applies to state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations in the area of public administration.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Act No. 251/2004 on the protection of classified information (2004), and Act No. 122/2013 on the protection of personal data (2013). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner.

Fines and administrative sanctions may be imposed by a district office for violations of FOI provisions, but there are no oversight bodies tasked with managing implementation.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage58585858
Information access and release100100100100
Exceptions and Overrides67676767
Sanctions for non-compliance67676767
Monitoring and Oversight17171717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access No. Absent from legal framework
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified Yes. (1) Information under Section 5 shall be disclosed in a way enabling mass access. This obligation shall not apply to natural persons and municipalities which do not have the status of a city.8) Information under Section 5, paragraph 6 shall be disclosed for a period of at least twelve months, starting on the day the transfer or passage of ownership under Section 5, paragraph 6 took place (Section 6 of Act 211/2000 on free access to information, 2000, amended 2016)

Coverage of public and private sectors

Executive branch Yes. (1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. (Section 2 of Act 211/2000 on free access to information, 2000, amended 2016)
Legislative branch Yes. (1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. (Section 2 of Act 211/2000 on free access to information, 2000, amended 2016)
Judicial branch Yes. (1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. (Section 2 of Act 211/2000 on free access to information, 2000, amended 2016)
Other public bodies Yes. (1) The persons obliged to provide access to information under this Act (hereinafter referred to as the “Obliged persons”) shall be state agencies, municipalities, as well as legal entities and natural persons that have been given the power by law to make decisions on the rights and obligations of natural persons or legal entities in the area of public administration, and that only within the scope of their decision-making power. (2) Legal entities established by law and legal entities established by state agency or municipality under a special law shall also be the obliged persons. (Section 2 of Act 211/2000 on free access to information, 2000, amended 2016)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The National Council and other administrative bodies are required to publish drafts of their legal instruments. (Section 5 of Act 211/2000 on free access to information, 2000, amended 2016 Articles 9 and 13 of the Legislative Rules of the Slovak Government, 2016)
Enacted legal instruments Yes. The National Council and other administrative bodies are required to disclose enacted acts. All legal acts of general application and international treaties must be published in the Collection of Laws. (Section 5 of Act 211/2000 on free access to information, 2000, amended 2016 Act No. 1/1993 Coll. on Collection of Laws of the Slovak Republic, 1993, amended 2009)
Annual budgets Yes. The Ministry of Finance is ordered to publish the State Budget. (Section 6 of the Act No. 523/2004 Coll. on Budget Rules of Public Administration, 2004, amended 2016)
Annual chart of accounts (actual expenditures) No. Absent from legal framework
Annual reports of public entities and programs No. Absent from legal framework

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) An applicant shall mean any natural or legal person making request for access to information. (Section 4 of Act 211/2000 on free access to information, 2000, amended 2016 )
Type of request is specified (written, electronic, oral) Yes. Basic guidelines are provided for requesting access to information (Sections 5, 14, and 16 of Act 211/2000 on free access to information, 2000, amended 2016 )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. (3) In the event that the request fails to meet the requirements stipulated in paragraph 2, the obliged person shall invite the applicant without any delay to complete the request within a period of not less than seven days. The obliged person shall instruct the applicant how to complete the request. If the applicant fails to complete the request in spite of the obliged person ́s notice and information cannot be provided due to this imperfection, the obliged person shall set the request aside. (Section 14 of Act 211/2000 on free access to information, 2000, amended 2016 )
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Information shall be provided free of charge, with the exception of payments for making copies. (Sections 5 and 21 of Act 211/2000 on free access to information, 2000, amended 2016 )

Deadlines for release of information

20-day response deadline Yes. The official that is legally bound respond to requests shall do so no later than ten days after the request is made. (Section 17 of Act 211/2000 on free access to information, 2000, amended 2016 )
Agency granted right to extend response time Yes. The official that is legally bound to respond to requests can extend the deadline for disclosing requested information if there is a serious reason to do so. The extension should not be longer than 10 working days. Public sector bodies can extend the response time by another 20 working days. (Sections 2 & 17 of Act 211/2000 on free access to information, 2000, amended 2016 )
Maximum total response time of no more than 40 days Yes. The maximum total response time accounts for twenty working days. (Section 17 of Act 211/2000 on free access to information, 2000, amended 2016 )

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Act No. 251/2004 on the protection of classified information (Act No. 251/2004 on the protection of classified information, amended 2016)
Existence of personal privacy/data law Yes. Act No. 122/2013 on the protection of personal data (Act No. 122/2013 on the protection of personal data, amended 2014)
Specific exemptions to disclosure Yes. There are specific exemptions to the coverage of free access to information. They include information that implicates bank secrets, certain tax secrets, individuals’ personal data, trade secrets, state secrets, confidential third-party disclosures, intellectual property rights, certain environmental information, foreign policy and international agreements, public health or culture, public supervision or inspection, courts’ decision-making process, or officials’ supervisory duties, among others. Exemptions also include: information pertaining to investigations, postal secrecy, telecommunication secrecy, and classified information. (Sections 8 through 11 of Act 211/2000 on free access to information, 2000, amended 2016 )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest. No. Absent from legal framework

Appeals

Appeals allowed within public entities Yes. The law stipulates the right and procedure for appeals against decisions of administrative authorities. (Section 19 of Act 211/2000 on free access to information, 2000, amended 2016 )
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism Yes. A decision rejecting a request for information can be examined in legal proceedings under the Code of Civil Proceedings. (Section 19 of Act 211/2000 on free access to information, 2000, amended 2016 )

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. An offense committed against the freedom of information can be sanctioned by banning the relevant activity for up to two years. (Section 42a of Act 211/2000 on free access to information, 2000, amended 2016 )
Fines are specified for violations of disclosure requirements Yes. An offense committed against the freedom information can be sanctioned by a fine of up to SKK 50,000. (Section 42a of Act 211/2000 on free access to information, 2000, amended 2016 )
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions Yes. (5) The offences under this Act shall be heard by a district office. (Section 21a of Act 211/2000 on free access to information, 2000, amended 2016 )
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Act 211/2000 on free access to information, 2000, amended 2016 (Slovakian)pdf
Act No. 214/2004 on the protection of classified information, 2004, amended 2016 (Slovakian)pdf
Act No. 122/2013 on the protection of personal data, 2013, amended 2014 (Slovakian)pdf
Legislative Rules of the Slovak Government, 2016 (Slovakian)pdf
Act No. 1/1993 Coll. on Collection of Laws of the Slovak Republic, 1993, amended 2009 (Slovakian)pdf
Act No. 523/2004 Coll. on Budget Rules of Public Administration, 2004, amended 2016 (Slovakian)pdf

Public Procurement

The Slovakian public procurement system is regulated primarily by the Public Contracts Act (2011 and 2016). The public procurement body is the Office for Public Procurement which is an organization under the Ministry of Interior.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 20,000 for goods

▪         EUR 70,000 for works

▪         EUR 20,000 for services

There is no minimum number of bidders in restricted or negotiated procedures. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. The final beneficial owners have to be disclosed when placing a bid.

There are options for preferential treatment: local companies can be advantaged and sustainability issues can be also considered. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope818094
Information availability979797
Evaluation818188
Open competition696953
Institutional arrangements299393

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 20,000. Below this threshold: defined as "small-scale public contract", unless the goods/works/services are commonly marketed - they are subject to the electronic marketplace from EUR 5,000. The expenditures for the "small-scale public contracts" should be appropriate to its quality and price and the CA must observe the principles of equal treatment, non discrimination, transparency, proportionality and economy and efficiency. The CA shall publish a "summary report on small-scale public contracts" every quarter of a year in the the CA profile, in with he summarizes all contracts with the value higher than EUR 5,000. For each such contract the CA shall specify in particular the value of the contract, the subject of the contract and supplier identification. The treshold is lower than the minimum EU requirements. (Art. 2(5) let. o) and (6) and (7), 5(4), 10(2), 13-25, 117 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 70,000. Below this threshold: defined as "small-scale public contract", unless the goods/works/services are commonly marketed - they are subject to the electronic marketplace from EUR 5,000. The expenditures for the "small-scale public contracts" should be appropriate to its quality and price and the CA must observe the principles of equal treatment, non discrimination, transparency, proportionality and economy and efficiency. The CA shall publish a "summary report on small-scale public contracts" every quarter of a year in the the CA profile, in with he summarizes all contracts with the value higher than EUR 5,000. For each such contract the CA shall specify in particular the value of the contract, the subject of the contract and supplier identification. The treshold is lower than the minimum EU requirements. (Art. 2(5) let. o) and (6) and (7), 5(4), 10(2), 13-25, 117 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 20,000. Below this threshold: defined as "small-scale public contract", unless the goods/works/services are commonly marketed - they are subject to the electronic marketplace from EUR 5,000. The expenditures for the "small-scale public contracts" should be appropriate to its quality and price and the CA must observe the principles of equal treatment, non discrimination, transparency, proportionality and economy and efficiency. The CA shall publish a "summary report on small-scale public contracts" every quarter of a year in the the CA profile, in with he summarizes all contracts with the value higher than EUR 5,000. For each such contract the CA shall specify in particular the value of the contract, the subject of the contract and supplier identification. The treshold is lower than the minimum EU requirements. (Art. 2(5) let. o) and (6) and (7), 5(4), 10(2), 13-25, 117 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 20,000. From these thresholds up to EU thresholds simplified procedures may be applied. The treshold is lower than the minimum EU requirements. (Art. 5(4) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418,000. Thresholds match exactly with minimum EU requirements. (Art. 5(4), 84-99 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 70,000. The treshold is lower than the minimum EU requirements. (Art. 5(5), 139 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 20,000. From EUR 20,000 up to EU thresholds simplified procedures may be applied. The treshold is lower than the minimum EU requirements. (Art. 5, 108-118 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements (as in force on December 31, 2016))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 70,000. From EUR 70,000 up to EU thresholds simplified procedures may be applied. The treshold is lower than the minimum EU requirements. (Art. 5, 108-118 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements (as in force on December 31, 2016))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 20,000. From EUR 20,000 up to EU thresholds simplified procedures may be applied. The treshold is lower than the minimum EU requirements. (Art. 5, 108-118 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Legal notice 153/2016 Coll. on Financial thresholds for public procurements (as in force on December 31, 2016))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The tender documentation needed for the preparation of a bid must be published online on the CA's profile. (Art. 43, 64 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Are any of these documents published online at a central place? Yes. The Public procurement office ensures the functioning of "Profiles of CAs", where the documents must be published: https://www.uvo.gov.sk/vyhladavanie-profilov-4db.html. (Art. 148(3) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. (Art. 24, 64 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Art 5a, 5b Act No. 211/2000 Coll. On freedom of information (as in force on December 31, 2016) )
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Automatically until 7 workdays from signing. Those CA that are subject to the Contract register must publish the contract, otherwise it would be invalid. (Art. 64, 83 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016), Art 5a Act No. 211/2000 Coll. On freedom of information (as in force on December 31, 2016) )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. CA is entitled to require in the tender documentation that tenderer indicates the proportion of contract he intends to subcontract and state identification data of each subcontractor. The identity of a subcontractor is published on the CA profile. If in the Final beneficial owner register, the identification data is public on: https://www.uvo.gov.sk/vestnik-a-zoznam-registrov/registre-podnikatelov-/register-konecnych-uzivatelov-vyhod-427.html (Art. 11, 41, 64, 159 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 30%. For the disclosure of the final beneficial owner are the thresholds: 30% for the procurements with the contract value >= EUR 10,000,000; 50% for other procurements. (Art. 56(16) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Evaluation

Preferential treatment

Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No but CA is obliged to clarify why he did not divide the procurement into smaller parts in order to allow SMEs to submit a bid. (Art. 28 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. (No mention in the law)
Is there a specific set of rules for green/sustainable procurement? Yes. Event though there is no complex "set of rules", the CA can use it as special criterion for taking part in the procurement procedure, as evaluation criteria or as a technical condition. (Art. 42, 44 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The tenderer may be escluded if he does not meet the conditions of participation with regard to "personal status" (e.g. convicted of certain criminal offences, wound-up, subject to insolvency proceedings, tax arrears registered in tax records, grave professional misconduct in last three years, ban on participance in public procurement procedures, was sanctioned in the field of environmental protection, social rights or labor rights) The tenderer must be excluded, if he submits more than one bid alone or with other tenderers. (Art. 32 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The bid is automatically excluded if: - the documents, samlples etc. of the selected tenderer do not fulfil the tender conditions, - if the selected tenderer's assurance required is not payed, - the tenderer submits more than one bid alone or with other tenderers, - the tenderer tried to influence the CA procedure, - it contains abnormally low price which was insufficiently explained (Art. 49, 53 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is scoring criteria published? Yes. (Art. 44(9) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Are decisions always made by a committee? Yes. minimum 3 members (Art. 51(1) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Member of the committee shall not be a person who is (or one year prior to his appointment as a member of the committee was) a) a tenderer, who is a natural person, b) a statutory body, member of the statutory body or supervisory authority or other authority of a tenderer, who is a legal person, c) a shareholder or member of a legal person who is a tenderer, d) an employee of the tenderer, or an employee of an interest association of which the tenderer is a member, e) Procurement office staff, exept of the contracts awarded solely for the Procurements office requirements. Member of the committee shall neither be a) a person close to family member of persons referred to above and b) a person who may raise doubts about his impartiality in relation to the tenderer or a possible tenderer, especially if it is the person who participated in the preparation of a bid of the tenderer or a possible tenderer or a person to which a benefit or harm may arise in connection with the result of the tender. (Art. 51(4) and (5) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Are scoring results publicly available? Yes. (Art. 53 (9), 64(1) let. b) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify under which conditions the tender can be cancelled? Yes. The tender can be cancelled if: - a substantial change of conditions occured, i.e. mainly for violation of the law, which could have a major impact on the outcome of the procurement procedure, - not more than two bids were received. (If only one bid was received, the CA has to publish the clarification, why he did not cancel the tende.) - the bid price is higher than the estimated tender value. (Art. 57(2) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Notices used in public procurement shall be sent to the Information systém for public procurements (Informačný systém elektronického verejného obstarávania, "EVO"), https://evo.gov.sk (Art. 26, 65(2), 148 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify the location for publicizing restricted calls for tenders? Yes. Notices used in public procurement shall be sent to the Information systém for public procurements (Informačný systém elektronického verejného obstarávania, "EVO"), https://evo.gov.sk (Art. 26, 65(2), 148 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Notices used in public procurement shall be sent to the Information systém for public procurements (Informačný systém elektronického verejného obstarávania, "EVO"), https://evo.gov.sk (Art. 26, 65(2), 148 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 1. (Art. 67-69 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What is the minimum number of bidders for negotiated procedures? 1. (Art. 70-73 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What is the minimum number of bidders for competitive dialogue procedures? 1. (Art. 74-77 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Bidding period length

What are the minimum number of days for open procedures? 35. A standard minimum number of days is 35, but it can be only 15 in urgent cases or if the tender documentaion was already published before the procurement procedure, 30 when the bids are required only in electronical way, 40 if the tender documentation is not accesible on the internet (Art. 66 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What are the minimum number of days for restricted procedures? 30. A standard minimum number of days is 30, but it can be only 10 in urgent cases or if the tender documentaion was already published before the procurement procedure, 25 when the bids are required only in electronical way, 35 if the tender documentation is not accesible on the internet (Art. 69 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What are the minimum number of days  for competitive negotiated procedures? 30. A standard minimum number of days is 30, but it can be only 10 in urgent cases or if the tender documentaion was already published before the procurement procedure, 25 when the bids are required only in electronical way, 35 if the tender documentation is not accesible on the internet (Art. 72 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Classified information, national security, manufacturing/purchasing of weapons, research and development services, employment contracts, providence of a communication network, broadcasting time or production material acquisition/lease/tenancy of real property or enterprise, securities/financial instruments, procurement/maintenance/reinstatement of assets of the Slovak Rep. abroad, arbitration services, legal services, services of sworn experts and translators, investments services service/supplies connected with visits of constitutional representatives of other countries, humanitarian assistance, political campaign services, railway/personal/air transportation. messenger services, Exemptions related to legal entities performing relevant activities (Article 9). (Art. 1 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify the main types of institutions that must apply the public procurement law? Yes. (1) a public CA shall be a) the Slovak Republic represented by its authorities, b) a municipality, c) a higher territorial unit, d) a legal entity established for specific purpose of meeting needs in general interest (not having an industrial or commercial character), provided it is financed exclusively or from a majority by the above mentioned, or controlled by the above mentioned, or the above mentioned appoint more than half of its governing or controlling body, e) an association of legal entities whose members are exclusively the above mentioned (2) a subsidized CA shall be - legal entity or natural person that awards public contracs which is reimbursed more than 50% from a public CA or reaches specific minimal finantial limits (3) a legal entity performing relevant activities (Art. 7-9 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify the main procedure types or procurement methods permitted? Yes. The main procedures are: - Open procedure, - Restricted procedure, - Negotiated procedure with publication, - Competitive dialogue, - Innovation partnership, - Negotiated procedure. (Art. 29 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Public procurement office, http://uvo.gov.sk/ (Art. 140, 147 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is there a procurement regulatory body dedicated to public procurement? Yes. Public procurement office, http://uvo.gov.sk/ (Art. 140, 147 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. (No mention in the law)
Is disclosure of final, beneficial owners required for placing a bid? Yes. But it is required only from the selected tenderer to be registered in the Registry of final beneficiaries, otherwise his bid would be rejected. (Art. 11, 56, 159-162 Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Complaints

Is there a fee for arbitration procedure? Yes. The fees differ according to the phase of the tender procedure and the type of procurement: 1. Fees to be payed in the phase BEFORE the opening of the part of bids signed as "Criteria": a) 1% of the estimated value of the contract in the award of a supply contract above the limit and in the award of a service contract above the limit, max. EUR 4,000, b) 0,1% of the estimated value of the contract in the award of a building works contract above the limit, max. EUR 10,000, c) 3% of the estimated value of the contract in the award of a supply contract below the limit and in the award of a service contract below the limit, max. EUR 2,000, d) 5% of the estimated value of the contract in the award of a building works contract below the limit, max. EUR 5,000 2. Fees to be payed in the phase AFTER the opening of the part of bids signed as "Criteria" against the rejection of the bidder: 1% of the bid value with max. values as mentioned under no.1. But max. EUR 150,000 complaint filed from other reason 3. 1% of the bid value if the bid was rejected for abnormally low price, min. EUR 600 and max. EUR 30,000 (Art. 172(2) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. (Art. 56(8), 175(5) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 65. The 30 days period for the decision begins with receiving of the full original documentation (max. 5 working days) and can be prolonged for max. 30 if an expert opinion is needed. (Art. 175(5), 173(2) and (8) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))
Is there a requirement to publicly release arbitration court decisions ? Yes. The Public procurement office shall continuosly publish all their decisions on its websites: https://www.uvo.gov.sk/verejny-obstaravatel-obstaravatel/namietky/prehlad-rozhodnuti-o-namietkach-5a7.html (Art. 147 let. i) Act No. 343/2015 Coll. on Public Procurement (as in force on December 31, 2016))

Qualitative data for 2017


Legislation

Act No. 25_2006 Coll. On Public procurements (as in force on December 31, 2014) (Slovakian)pdf
Act No. 25_2006 Coll. On Public procurements (as in force on December 31, 2015) (Slovakian)pdf
Act No. 343_2016 Coll. On Public procurements (as in force on December 31, 2016) (Slovakian)pdf