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227/2002
Article 2 War (1) War shall be declared by the President of the Slovak Republic on the basis of a decision of the National Council of the Slovak Republic’s (hereinafter referred to as “National Council”) and only on condition that the Slovak Republic is attacked by a foreign power which has declared war on Slovakia or violated its security without declaring war, or on condition that by declaring war the Slovak Republic is meeting its obligations that result from its membership in an organisation of common collective security or from an international agreement on common defence against attack. (1) Hostilities may be declared by the President of the Slovak Republic acting on a proposal from the cabinet only provided that the Slovak Republic is under imminent threat of the declaration of war or attack by a foreign power without the declaration of war. (1) The President of the Slovak Republic may, acting on a proposal of the cabinet, declare a state of emergency on condition that a terrorist attack has occurred or is imminent, or there is extensive street violence in the country accompanied by attacks on the public authorities, looting of shops and warehouses or other mass attacks on property, or if any other mass violent and illegal activity occurs that significantly threatens or disturbs public order and the security of the state by its extent and consequences if public authorities are unable to prevent it by their activity and if effective use of lawful measures is prevented. A state of emergency may only be declared in the affected area or directly threatened area. (2) A state of emergency may be declared only in an extent which is essential and for an essential period of time no longer than 60 days. If new circumstances arise closely connected with the reasons for which the state of emergency was declared, the state of emergency may be prolonged for another 30 days but only to the extent that is essential and for the time necessary. (1) The cabinet may only declare an emergency in the event that there is, or there is the immediate threat of, a threat to life and health, to the environment, or of a threat to property of a significant value as a result of natural disaster, catastrophe, or an industrial, traffic, or other operational accident. An emergency may only be declared in the affected area or in the directly threatened area. (2) An emergency may only be declared to the extent that is essential and for an essential period of time of no longer than 90 days. (1) If during a time of war, hostilities or a state of emergency, the constitutional authorities cannot operate at their normal seat, they shall operate at an alternative location. (1) The Security Council of the Slovak Republic is hereby established (hereinafter referred to as “Security Council”). (2) In peacetime, the Security Council shall participate in the creation and implementation of the security system of the Slovak Republic and the fulfilment of international obligations with regard to security. It shall also evaluate the security situation in the Slovak Republic and globally. It shall provide the cabinet with draft measures on the maintenance of the security of the Slovak Republic and on the prevention of crisis situations from occurring and it shall submit proposals for resolving crisis situations. The details of its peacetime operations shall be stipulated by a special law. (3) If during wartime, hostilities, or a state of emergency the cabinet cannot operate, the Security Council shall assume its constitutional powers until the activity of the cabinet is resumed with the exception of decisions on the agenda of the cabinet and its fulfilment, a request for a vote of no confidence, and granting amnesty with regard to misdemeanour cases. (4) The Security Council shall have nine members. The President of the Security Council shall be the Prime Minister of the Government and the Deputy President of the Security Council shall be the Deputy Prime Minister of the cabinet authorised by the President of the Security Council. Other members shall be as follows: the Minister of Defence of the Slovak Republic, the Minister of the Interior of the Slovak Republic, the Minister of Finance of the Slovak Republic, and the Minister of Foreign Affairs of the Slovak Republic. The remaining members of the Security Council shall be appointed and removed by the President of the Slovak Republic on the basis of a proposal of the Prime Minister within 48 hours. The members of the Security Council shall not be substitutable with regard to their function. (5) The Security Council shall above all establish the following committees to carry out its tasks: a) Foreign Policy Committee b) Defence Planning Committee c) Civilian Emergency Planning Committee d) Intelligence Services Coordination Committee (6) The Security Council shall make its decision as one body: an absolute majority of the votes of its members shall be required for the adoption of a resolution. (7) The tasks relating to the activity of the Security Council shall be undertaken by the office which is part of the organisational structure of the Government Office of the Slovak Republic. The President of the Security Council shall appoint and remove the director of the office. (8) The statutes of the Security Council, the tasks of its office and the rules of procedure of its committees shall require the approval of the cabinet. |