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Document Information:
- Year: 2009
- Country: Slovakia
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: CSO Framework Legislation
SLOVAKIA
Law
of 27 March 1990
Concerning the Right of Association
As Amended by later Acts up to Act No. 274/2009 .
In this law the Federal Assembly of the Czechoslovak Socialist Republic resolves
that:
Introductory Provisions
§ 1
(1) Citizens have the right to freely associate .
(2) It is not necessary to have the approval of a state organ in order to exercise
this right.
(3) This law does not relate to the associating of citizens
(a) in political parties and political movements,
(b) for profitable activity or for securing the regular exercise of specific occupations,
(c) in c hurches and religious societies ,
(d) for exercising the right of hunting.
§ 2
(1) Citizens may established societies, companies, leagues, movements, clubs
and other associations of citizens as well as labour union organizations (henceforth only
associations) and to join them.
(2) Legal persons also may be members of associations.
(3) Associations are legal persons. State organs may interfere in their form ation
and activity only within the limits established by law.
(4) Soldiers in active service may not create trade union organizations or to join
them. The provisions of specific laws determine the extent of the rights of trade union
organizations, which a ssociate members of national security units and units for reform
training, to assert and defend their social interests.
§ 3
(1) No one may be forced to associate, be a member in an association or to take
part in its activities. Everyone may freely lea ve an association.
(2) No one, as a citizen, can be at a detriment because of associating, being a
member of an association, taking part in its activities or supporting it nor because they
remain apart from it.
(3) The statute of an association regulate s the rights and responsibilities of a
member of an association.
§ 4
Associations not allowed are those
a) whose goal is to subvert or limit the personal, political or other rights of citizens
because of their nationality, sex, race, origin, politica l or other opinions, religious faith or
social situation, kindle hatred or intolerance for these reasons, support the use of force
or in other ways violate the constitution and laws;
b) who seek to attain their goals in ways that are incompatible with the constitution and
the laws;
c) armies or armed unit; this does not include associations whose members maintain or
use ire -arms for sport purposes .
§ 5
Associations are not allowed to perform the functions of state o rgans in so far as
pecific laws do not otherwise stipulate. They are not allowed to govern state organs and
impose responsibilities on citizens who are not their members.
Registration and Origin of Associations
§ 6
(1) Associations originate through registration.
(2) A proposal for registration may be submitted by a minimum of three citizens
of whom at least one must be older than 18 years (henceforth only “preparatory
committee”). The proposal is to be signed by the members of the preparato ry committee
and indicate their first and last names, birth registration number and residence. Further it
should show which of the members, older than 18 years of age, is legally empowered to
act in their name. Two copies of the statute must accompany the proposal . The statute
must provid e for :
a) the name of the association,
b) its headquarters,
c) the goal of its activities,
d) the organs of the association, the manner of their constituting, specific organs and
officials authorized to act legally in the name of the association,
e) stipulations about organization al units, in so far as they will be established and in so
far as they will act in their own name,
f) principles of economic management.
(3) In so far as the statute does no t indicate otherwise, the preparatory
committee acts in the name of the association until the creation of the organs indicated
in section 2, letter d.
(4) The name of the association must distinguish it from the names of legal
persons which already have d eveloped activities on the territory of the Czechoslovak
Socialist Republic.
§ 7
(1) The proposal for registration is to be submitted to the Ministry of Interior of the
Slovak Republic (henceforth only “ Ministry”).
(2) If the proposal does not have essentials required according to § 6 , sections 2
and 4 (or if there are incomplete or imprecise data in it) t he Ministry shall immediately ,
within 5 days from the submission of the proposal , inform the preparatory committee that
as long as these defects are not removed the registration proce dures will not be open .
(3) The registr ation opens on the day on which the Ministry has received the
proposal free of ommissions as mentioned n section 2. The Ministry shall inform the
authorized representative of the preparatory com mittee about the date of opening the
registration procedures .
§ 8
(1) The Ministry shall refuse the registration if it follows from the submi tted statute
of the association that
a) it is an organization described in § 1 section 3
b) its statute is not in agreement with § 3 , sections 1 a 2,
c) it is the case of an forbidden associat ion (§ 4),
d) the goals of the association are incompatible with the re qirements stipulated in § 5.
(2) The Ministry shall decide about refusal of registration within 10 days from
opening of the registration procedur es. The decision shall be delivered to the authorized
representative of the preparatory committee.
(3) The members of the preparatory committee may appeal to the Highest Court
of the Republic a gainst the decision to refuse registration within 60 days from the day
when this decision was delivered to the authorized representative.
(4) The court may invalidate a decision of the Ministry if there were not grounds
given for the refusal o f the registration. The day when this decision of the court comes
into effect is deemed to be the day of the registration of the association. Upon request of
the authorized representative of the preparatory committee, the Ministry shall send to
him one copy of the statute on which shall be indicated the date of registration.
(5) If the authorized representative of the preparatory committee does not
receive, within 40 days from the day of opening the registration procedures , a notice of
the decision of the Ministry concerning the refusal of the registration, the association is
deemed to enter into existence on the first calendar day following termination of this
term; this day is deemed to be the day of registration. Upon request of the authorized
representative of the preparatory committee the Ministry shall send him one copy of the
statute on which the date of registration is duly indicated .
§ 9
(1) In so far as the Ministry does not identify a reason for the refusal of a
registration, it shall complete the registration procedure within 10 days of its opening and
in th e same term it shall provide the authorized representative of the preparatory
committee with a copy of the statute on which the date of registration is duly indicated; it
is the day of dispatch ing the copy . About the registration act there are not issued legally
formal administ rative decisions
(2) Within 7 days of its registration the Ministry shall report about the
establishment of the association, its name and its headquarters to the Statistic al Office
maintain ing the register of associations who are activ e on the territory of the Republic;
this shall be applied also for the establishment of associations according to § 8, sections
4 and 5.
§ 9a
(1) Trade union organizations and organizations of emplo yer s acquire the
status of a iuridical person on the day following the day in which the
proposal for their incorporation (see § 7, section 1) has been delivered
to the appropriate Ministry.
(2) As regards the entry into register of associations, for the trade union
organizations and organizations of employers shall apply the
pr ovisions of § 6 , section 2, § 7 section 1 and § 9, section 2; the
provisions of § 6, sections 1, § 7 sections 2 and 3, § 8 and !9, section 1,
shall not apply to the trade union organizations and organizations of
employers.
——- ———–
§ 10
Canceled
.
———–
§ 11
(1) The association is to inform the Ministry in writing about amendments of its
statute within 15 days following the approval of such ammendments and attach to it two
copies of the changed text.
(2) If the amendments of the statute are not in accordance with the provi sions of
§6, sections 2 and 4 , or if the information provided is incomplete or imprecise , or if there
are valid reasons to refuse the registration according to § 8, section 1, the Ministry shall
immediately inform t he association about this. The association is responsible for remov al
os such defects within 60 days of receiving this notice and within a term of a further 10
days for inform ing the Ministry about this. If this is not done, the Ministry sha ll dissolve
the association; it is possible to appeal the decision of the Ministry at the Highest Courts
of the Republic .
(3) If there is no reason for a process according to section 2, the Ministry
dispatches to the association within 10 days of the receipt of the announcement
according to section 1 one copy of the changed statute on which it is indicated that the
changes have been taken into account .
————
.
——–
Termination of an Association
§ 12
(1) An association term inates [its existence as a juridical person]
a) by a voluntary dissolution or by merger with another association,
b) by a lawful decision of the Ministry on dissolution of the association .
(2) If the statutes of the association do not provide for the manner of its voluntary
dissolution or merger with another association, the decision shall be mad e by its highest
body . This body shall inform the appropriate Ministry about the terminations of the
association within 15 days.
(3) If the Ministry ascertains that the association is conducting an activity
a) that is pred ominantly reserved to political parties and political movements or to
organizations associat ing citizens for the profit making purposes, or for practi ing
religio us activities with in churches or religiou s communities ( § 1, section 3);
b) that violates principles stated in § 3 , section s 1 and 2;
c) that is in contradiction with § 4 or § 5;
it shall without delay notice the association about the findings and ask it to stop such
activit ies . If the association continues to conduct these activities , the Ministry shall
dissolve the association . It is possible to appeal against this decision to the Highest
Court of the Republic .
(4) In evaluating decision made according to § 1 1, section 2 and § 12 section 3
the court shall proceed according to regulations of the Civic Judicial Code concerning
the scrutiny of the decisions of other organs. The appeal pr ocess has a deffering effect;
if there is serious cause, the court may enforce termination of activities of the association
during the lawful period of time in order to make a final decision. During this period the
associat ion can carry out only such activities that are necessary to fulfil its obligations
according to the law. The court will rescind the decision of the Ministry if the reasons
given for the dissolution of the association were not found valid .
(5) If the Ministry ascertains (§ 7) that an organizational unit of the association
authorized to act independe nly in its own name operates in a manner described in § 12 ,
section 3, the Ministry shall apply the same regulations as provided in that section Also ,
the provision s of section 4 shall be applied accordingly.
§ 13
—————-
(1) Section cancelled
—————-
(2) At the termination of an association there shall be made property settlement. .
(3) At the dissolution of an association according to § 12 , secti on 1 , subsection b
the liquidating officer appointed by the M inistry shall manage the property settlement. .
(4) The procedure stated in section 3 shall be applie d also when the association
is dissolved according to § 12 , section 1 , subsection a , if there is no body that would
administer the property settlment .
§ 14
The Ministry shall report about termination of the association to the Statistic al
Office within 7 days following the day when the Ministry was informed about the
termination .
§ 15
Legal Protection
(1) If a member of an association consi ders illegal a decision of some of
association’s bodies , against which, according to the statute, it is not possible to appeal
within the association or maintains it as violati ng the statute, that mem ber may , within 30
days from the day he /she learned about the decision , but not later then 6 months from
the decision, request the relevant district court to investigate validity of such an decision .
(2) The proposal to open the investigat ion does not have a deferring effect. The
court, however, in justifiable cases may suspend the implementation of the challenged
decision.
§ 16
Agreements about Co -operation
(1) Associations ma y conclude agreements among themselves about co –
operation for attaining specific goals, namely for fulfilling other common interests. In
order to be valid , such an agreement must be i n a written form.
(2) An agreement about co -operation delimits the goal of co -operation, the
manner of its implementation, the rights and responsibilities of participating associations
and the means which they contribute to co -operation. For an union of associations are
the provisions of this Act applied accordingly; when i t is the case of trade unions or a
union of employers, the provisions of the § 9a are applied accordingly.
—————–
(3) Section cancelled .
—————–
(4) A n agreement on co -operation may stipulate thet the agreement ce ases its
force upon another agreement of the participating associations, after t he objective of
creating the union has been accomplished or due to another circumstances indicated in
the agreement.
Common Regulations
§ 17
If meetings or other assemblies of an association are open to the public, the
citizens present have the responsibilities of participants in the assembly. They may not
interfere in the negotiations unless the presiding officers decide otherwise.
§ 18
In accord with t he goals of their activity , associations have the right of recourse to
state organs through petitions.
Temporary and Concluding Provisions
§ 19
(1) Associations established after 30 September 1951 or which were voluntary
organizatio ns declared according to the Act No. 68/1951 Coll. ., on voluntary
organizations and assemblies , which were not dissolved are considered as being
established in accordance to this law. These organizations a re only responsible to inform
by 30 June 1990 the Ministry indicated in § 7 , section 1 or § 11 of their name,
headquarters and statute.
(2) S ocieties, s yndicate s, clubs and similar membership organizations
established prior to 1 October 1951 are considered to be associations established
according to this law if they have not been dissolved. They are responsible to inform by
30 June 1990 the Ministry indicated in § 7 , section 1 or § 11 of their name, headquarters.
If they do not do this, the Ministry shall enquire whether they intend further to pursue
activities. If a society does not fulfil its responsibilities according to the second sentence
by 31.12.1990, it will be assumed as if dissolved to this date.
(3) Ministry (§ 7 paragraph 1) shall provide i nformation about associations (§ 9 ,
section 2) indicated in sections 1 and 2 to the Statistic al Office for being filed in the
registers .
(4) Associations active according to § 10 on the territory of the Slovak
Republik after 31.12.1992 shall termi nate their activities by 30.4.1993 , unless they
did sou already according to the provisions of the § 12, section 1.
§ 20
Act N . 116/1985 Coll ., on conditions for the activity of organizations with
international aspect in the Czechoslovak Socialist Republic remains intact.
(2§ Organizations effected by the Act No. 16/1985 , whose activates were
allowed until December 31, 1992 to operate on the territory of the Slovak Republic
by the Federal Ministry of Interior are deemed to be considered as organizations
allowed to operate by the Ministry of Interior of the Slovak Republic.
§ 21
Abrogated are:
1) Act No . 68 / 1951 Coll. , on voluntary organizations and assemblies in the text of later
regulations in so far as they deal with voluntary organizations ;
2) The Regulation of the Ministry of Interior No. 320 / 1951 Off.J. (No. . 348 / 1951 Off.
J.), on voluntary organizations and associations in the text of the Regulation of the
Minister of Interior No. 158 / 1957 Of. J. , in so far as it concerns voluntary organizations;
3) The gov ernment decree No. 30 / 1939 Coll. , on creation of special associations not
subject ed to valid regulations on associating and on supervision over them;
4) § 2 of the Act N o. 126 / 1968 Coll., on certain temporary measures for securing
public order:
5) § 2 , section 8, letter c) of the Act N o. 128 / 1970 Coll ., on the demarcation of the
activity of the Czechoslovak Socialist Republic in matters of domestic order and security;
6) § 45 , section 1, letter c) of the Act No. 194 / 1988 Coll., on activities of the Federal
Central Bodies of the State Administration.
§ 22
This law enters into effect on 1 May 1990.
Signed by
Havel
Dubček