Are inspections conducted by selected administrative bodies compliant with the Constitution of the Slovak Republic and the European Convention on Human Rights?

Authors

  • Lucia Smolková Comenius University in Bratislava, Faculty of Law

DOI:

https://doi.org/10.46282/blr.2018.2.1.100

Keywords:

inspection, Supreme Court of the SR, Constitutional Court of the SR, fundamental rights and freedoms, business premises, Constitution, European Convention on Human Rights

Abstract

This paper analyses the case law of the Slovak Constitutional Court and the Slovak Supreme Court dealing with inspections conducted by selected Slovak administrative bodies – especially by the administrative bodies in the area of foodstuffs administration – where inspected companies complain that their rights guaranteed by the Slovak Constitution and the European Convention on Human Rights, namely the protection of their business premises, have been violated. The paper thus also deals with and analyses the related case law of the European Court of Human Rights and its (non)-application by the Slovak judicial bodies in their decision-making practice.

References

Act No. 136/2001 Coll. on the Protection of Economic Competition

Act No. 162/2015 Coll. (Code of Administrative Justice)

Act No. 99/1963 Coll. (Code of Civil Procedure)

Act of the Slovak National Council No. 152/1995 Coll. on Foodstuffs

Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

Decision of the Supreme Court of the Slovak Republic No. 5 Sžnz 1/2015 of 25 June 2015

DRGONEC, J. Ústava Slovenskej republiky. Teória a prax. Bratislava : C. H. Beck, 2015. 1603 s. ISBN 978-80-89603-39-8

Finding of the Constitutional Court of the Slovak Republic No II. ÚS 792/2016-62

GYARFÁŠ, J. Najvyšší súd k inšpekciám PMÚ: “Tak takto teda nie”. Available at <http://www.lexforum.cz/558>. [q. 2018-05-29]

Judgement of the Court of 17 October 1989, Dow Chemical Ibérica, SA, and others v Commission, joined cases 97/87, 98/87 and 99/87, EU:C:1989:380

Judgement of the Court of 18 June 2015, Deutsche Bahn and Others v Commission, C-583/13 P, EU:C:2015:404

Judgement of the ECtHR in Colas Est. and Others v. France, no. 37971/97

Judgement of the ECtHR in Delta Pekárny, a. s. v. Czech Republic, no. 97/11

Judgement of the ECtHR in Harju v. Finland, no. 56716/09

Judgement of the ECtHR in Heino v. Finalnd, no. 56715/09

Resolution of the Constitutional Court No. II ÚS 319/2017-22

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Published

2018-06-30

How to Cite

Smolková, . L. (2018). Are inspections conducted by selected administrative bodies compliant with the Constitution of the Slovak Republic and the European Convention on Human Rights?. Bratislava Law Review, 2(1), 70-79. https://doi.org/10.46282/blr.2018.2.1.100

Issue

Section

Articles