O záujmovej samospráve.

On interest-based self-government.

JUDr. Peter Kukliš, CSc., Ústav štátu a práva SAV, v. v. i., Bratislava.

Právny obzor, 108, 2025, č. 4, s. 325 – 342.

Published online: 2025

https://doi.org/10.31577/pravnyobzor.2025.4.01

Abstract. The system of interest-based self-government, unlike the system of territorial self-government, is less homogeneous, legally less “codified”. For this reason, interest-based self-government must be understood in its entirety, in its most general meaning, respecting the valid/effective legal regulation. The current understanding interest-based self-government is the result of a long-term process. One of the contradictory concepts of this kind of self-government was the orientation of this phenomenon either to the right to freely associate according to Art. 29, para 1 of the Constitution of the Slovak Republic or the right to the “existence” of self-government of interest was derived from the right of citizens to participate in the administration of public affairs (Art. 30, para 1 of the Constitution). The Constitutional Court of the Slovak Republic, in its decision No. PL. ÚS 19/2014, stated that the chamber is a public corporation established ex lege, which is a subject of interest-based self-government and does not owe its existence to the free decision of subjects enjoying the protection of Art. 29 of the Constitution. De constitutione ferenda it would be appropriate to “confirm” the existence of interest-based self-government in the context of public administration, to establish the possibility of transferring the performance of state administration or other state (public law) matters to this subsystem of public administration and to enact the power of the constitutional court to decide on complaints by self-government of interest bodies against unconstitutional or illegal interference in interest-based self-government.

Key words: interest-based self-government, the right of citizens to participate in the administration of public affairs, decision of the Constitutional Court of the Slovak Republic, the possibility of transferring the performance of state administration

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ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

TEORETICKÝ ČASOPIS PRE OTÁZKY ŠTÁTU A PRÁVA.

Právny obzor je recenzovaný časopis a je indexovaný v databázach SCOPUS a HeinOnline (INDEX TO FOREIGN LEGAL PERIODICALS)

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