On the (Non)Binding Nature of the Slovak Local Referendum Results: Direct Democracy Contra/Pro General Binding Regulation

Abstract

The article, based on the analysis of the legal regulation, the recent decision-making activity of the Constitutional Court of the Slovak Republic and the knowledge of the legal doctrine, discusses the binding nature of the institute of direct democracy at the local level (namely at the level of Slovak municipalities) – the local referendum. The author assesses this binding character as political, not legal, with exceptions provided for by both general and special legislation. Following the argumentation presented in the article, the author subsequently takes the position that the local referendum in its current form is not capable of entering the normative process. The author also expresses skepticism as to whether such involvement of referendums in the local legislative process would be appropriate in the conditions of the Slovak Republic.