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Slovakia

This section offers a summary of the main legislation on transitional justice adopted by the member state and, when available, a pdf with the document, together with the main decisions of national and international tribunals in relation to these measures. This is a non exhaustive list and will be updated and completed in a permanent basis. We also offer images of the museums that deal with memory issues in each EU country.

Information

Legislation

 

Main provisions

Year

Law on Judicial Rehabilitation (119/1990) (see text here)

1990

Act No. 403/1990 Coll. on the Mitigation of the Consequences of Certain Property Losses (see text here)

1990

Constitutional Act No. 496/1990 Coll. on the Reversion of Property of the Communist Party to the People of the Czech and Slovak Federative Republic (see text here)

1990

Law on Extrajudicial Rehabilitation (87/1991) (see text here)

1991

Constitutional Act No. 497/1990 Coll. on the Reversion of Property of the Socialist Youth Organization to the People of the Czech and Slovak Federative Republic (see text here)

1990

Act No. 319/1991 on the Mitigation of Certain Property and Other Injustices and on the Responsibilities of the Organs of State Administration of the Slovak Republic in the Area of Extrajudicial Rehabilitation (see text here)

1991

Act 451/1991 Lustration Law passed by the Czech and Slovak federative Republic (see text here)

1991

Act No. 480/1991 Coll on the Period of the Lack of Freedom (see text here)

1991

Act No. 282/1993 on the Mitigation of Certain Property Injustices Caused to Churches and Religious Societies (see text here)

1993

Act No. 125/1996, on the Immorality and Illegality of the Communist Regime (see text here)

1996

Act No. 305/1999 Coll. on the Mitigation of Certain Injustices to Persons Deported to Nazi Concentration Camps and Prisoner of War Camps (see text here)

1999

Act No. 105/2002 Coll. on the Provision of a Single Financial Contribution to Soldiers of Czechoslovak Foreign or Allied Armed Forces and to Persons Who Participated in Domestic Resistance in the Period from 1939 to 1945 (see text here)

2002

Act No. 462/2002 Coll. on the Provision of a Single Financial Contribution to Political Prisoners (see text here)

2002

Act No. 553/2002 Coll. on Disclosure of Documents Regarding the Activity of State Security Authorities in the Period 1939 - 1989 and on Founding the Nation’s Memory Institute (see text here)

2002

Act No. 547/2005 Coll. on the Compensation of Victims of the Occupation of Czechoslovakia by the Forces of the Union of Soviet Socialist Republics, the German Democratic Republic, the Polish People’s Republic, the Hungarian People’s Republic, and the Bulgarian People’s Republic (see text here)

2005

Denial legislation (Article 422 of the Criminal code)

 2005

Act No. 219/2006 on Anti-Communist Resistance (see text here)

2006

 

Jurisprudence

Constitutional Court

Case: On the determination of constitutionality of the property restitution law (see text here)
Date: July 1, 1999

Case: Proceedings on extra-judicial rehabilitation and unnecessary delays in proceedings (see text here)
Date: January 20, 1998

Case: Interpretation of constitutional law No. 496/1990 Statutes on the restoration of property of the Communist Party of Czechoslovakia to the people of the Czech and Slovak Federative Republic (see text here)
Date: May 31, 1994

Case: Ruling on the mitigation of injustices pursuant to the restitutional laws adopted between 1990 and 1992 and the power of the Constitutional Court (summary in English)
Date: April 12, 1994

Constitutional Court of former Czechoslovakia

Case: Pl. ÚS 1/92: Lustration (see text here)
Date: November 26, 1992

Case: Pl. ÚS 5/92: Hate Crimes (see text here)
Date: September 4, 1992

European Court of Human Rights

Case: Urbárska obec Trenčianske Biskupice vs Slovakia (see text here)
Date: June 2, 2008
Issue: compulsory letting of the applicant association’s land and its subsequent transfer to the tenants pursuant to legislation which addressed the status of land which had been nationalised under the communist regime

Case: Feldek vs Slovakia (2001) (see text here)
Issue: Freedom of expression
Summary: The applicant had stated that “the fact that he [Mr. Slobodnik, a public figure] attended a terrorist training course organised by the SS felt within the term ‘fascist past’. In the Court’s opinion, the Court of Cassation did not convincingly establish any pressing social need for putting the protection of the personality rights of a public figure above the applicant’s right to freedom of expression and the general interest in promoting this freedom where issues of public interest are concerned.

MAPS

Repressive regime