|Formování jmenovacích pravomocí slovenského prezidenta podle ústavních zvyklostí
In this paper, I will argue that the Slovak constitutional system consists not only of the written sources of law but also of constitutional conventions understood as a specific legal custom. Most Slovak constitutional lawyers believe that this kind of unwritten legal rule regulates the process of forming a new government after the announcement of the parliamentary election results. Namely, according to the generally shared constitutional convention, the President is obliged to entrust the assignment to form a new government to the representative of a political party with the highest number of votes obtained. I subsequently explore whether it is tenable given the conditions of the Slovak Republic to enforce such conventions by the judiciary. The analysis of the relevant case-law shows that the Slovak Constitutional Court refers to constitutional conventions in its legal argumentation only rarely. And even when it does, usually it is not particularly convincing. Especially, the Court’s reasoning by constitutional conventions related to the President’s appointing powers is loaded with misconceptions and contradictions, so one could wonder whether constitutional conventions serve only as a façade for the Court’s arbitrariness. Despite this harsh assessment, I conclude that there are good institutional reasons for entrusting the Constitutional Court with enforcing constitutional conventions, including particularly the one regulating the assignment to form a new government.
|Lesia Dorosh, Polina Dverii
|Neutrality in Perspective: The European Neutral States’ Integration Priorities and Cooperation in Security and Defence
The peculiarities of transformation of five European countries’ (Switzerland, Austria, Sweden, Finland and Ireland) foreign policy strategies of neutrality and non-alignment have been analyzed. It has been documented that neutral European states pay considerable attention to security and defence strategies, the main purpose of which is to protect their territorial integrity and neutral status. It has been emphasized that modern neutrality of these European states has transformed under the influence of integration processes (neoliberal approach). We reflect on the transformation of neutral states’ models of foreign policy with simultaneously retaining the international prestige associated with neutrality. The neutrality of these European states is inferior to an active position in the international arena, which ensures their contribution to global problem-solving, as well as to maintaining peace and security in the world. The article is situated in the relations with the perceived security and economic benefits of neutral states that come with cooperation and regional and international integration.
|Recenze BÍLÝ, Jiří a kol. (2020). Demokracie a postdemokracie v Evropské unii – Aktuální náměty a možná východiska. České Budějovice: Vysoká škola evropských a regionálních studií, 114 s. ISBN 978-80-7556-066-7.
|Recenze KOSAŘ, David; VYHNÁNEK, Ladislav (2021). The Constitution of Czechia. A Contextual Analysis. Oxford: Hart Publishing, 256 pp. ISBN 978-1-5099-2053-2.