On several issues of interpretation linked with the extension of personal scope of the Constitutional Act on the Conflict of Interests

Abstract

The article focuses on the amendments of the Constitutional Act no. 357/2004 Coll. on Protection of Public Interest during Performance of Public Function Officials, carried out by three constitutional acts passed by the National Council of the Slovak Republic in 2019. These three constitutional acts (No. 66/2019 Coll., No. 232/2019 Coll. and No. 469/2019 Coll.) have entered into force on 1 January 2020 and they, among other things, extended the personal scope of the constitutional conflicts of interest framework. The extension of personal scope and the absence of more detailed transitional provisions in constitutional amendments have raised several problems of interpretation. The author analyzes several of them and offers solutions based primarily on relevant decisions of the Constitutional Court of the Slovak Republic.