Non-compliance of the Legal Norm with the Constitution and Decision-making in the Administrative Judiciary

Abstract

Pursuant to the Constitution of the Slovak Republic, the Constitutional
Court of the Slovak Republic (among others) decides on the conformity
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of laws with the Constitution. As part of this decision-making, the Constitutional Court of the Slovak Republic can pronounce the law inconsistent with the Constitution. In the article in question, the authors analyse the consequences (effects) of the decision of the Constitutional Court of the Slovak Republic on the non-compliance of the law with the Constitution on the decision of the Administrative Court on the lawsuit filed against the decision or measure of the public administration body issued on the basis of the law, which the Constitutional Court of the Slovak Republic declared to be inconsistent with the Constitution, on the one hand for the Administrative Court´s decision on the merits, and on the other hand for the Administrative Court´s decision on the costs of the proceedings.