Judgment Reviews Law at Slovakia
In Slovakia, the review of judgments is a structured process that has undergone significant reform with the introduction of new procedural codes in 2016. The system is based on a hierarchy of courts and provides for both ordinary and extraordinary legal remedies to challenge judicial decisions.
Ordinary Legal Remedies
Ordinary remedies are used to challenge decisions that are not yet legally final. The primary ordinary remedy is the appeal.
Appeal to the Regional Courts: The first level of appeal for civil cases is from a District Court to a Regional Court. The Regional Court reviews the case on both legal and factual grounds, and it can confirm, modify, or overturn the original decision.
Appeal to the Supreme Court: In some instances, a party may appeal a decision of a Regional Court to the Supreme Court of the Slovak Republic. The Supreme Court's role is to ensure the uniform application of the law.
Extraordinary Legal Remedies
Extraordinary remedies are used to challenge judgments that have already become legally final and binding. These are reserved for specific, limited circumstances to correct serious errors or injustices.
Extraordinary Appeal on Points of Law (mimoriadne dovolanie): This is a special appeal that can be filed only by the Prosecutor General. It is an extraordinary remedy available to challenge final decisions of appellate courts or the Supreme Court if they are believed to have violated the law and there is no other legal remedy available. The purpose of this remedy is to protect the rights of natural persons, legal entities, or the state. The Prosecutor General has one year from the date the decision became final to initiate this process.
Retrial (obnova konania): This remedy allows for a final judgment to be reviewed in cases where new facts or evidence are discovered after the original judgment became final. The new evidence must be of a nature that would likely have led to a different outcome in the case. The grounds for a retrial are strictly defined by law.
Constitutional Review
The Constitutional Court of the Slovak Republic plays a crucial role in the legal system by safeguarding fundamental rights and freedoms.
Individual Complaints (ústavná sťažnosť): Individuals and legal entities can file a constitutional complaint if they believe their fundamental rights and freedoms, as guaranteed by the Constitution, have been violated by a public authority's final decision or action. However, this is only possible after all other legal remedies have been exhausted. The Constitutional Court's function is not to re-examine the merits of the case but to review whether the lower court's decision-making process respected the applicant's constitutional rights.
Enforcement of Foreign Judgments
The enforcement of a foreign judgment in Slovakia depends on the country of origin:
European Union: Judgments from other EU member states are generally enforceable based on EU law and do not require a separate recognition process.
International Treaties: For judgments from countries with which Slovakia has a bilateral or multilateral international treaty, enforcement is governed by the specific conditions of that treaty.
Other Countries: For judgments from all other countries, a formal court process is required for the judgment to be recognized and enforced in Slovakia. The Slovak court will review the foreign judgment to ensure, for instance, that the party against whom the decision was made was not deprived of the right to be heard.
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