LEGISLATION
On sale now
NEWS
NBÚ candidate vetted
Coalition partners have
questions about SaS's can-
didate for the head of the
National Security Bureau
because he worked for the
country's spy agency during
its darkest days in the 1990s.
pg 2
Changing the judiciary
Judges should recognise the
effect that their behaviour
has on the image of the
whole judiciary, Justice
Minister Lucia Žitňanská
tells The Slovak Spectator in
a special interview.
pg 3
OPINION
Inspired by Muses
If there had been a Muse of
politics she might have
been responsible for the
antics of Smer boss Robert
Fico, who in early April,
along with some long-time
nationalist entertainers
from the SNS, showered the
Slovak public with a stream
of bombshell statements.
pg 5
BUSINESS FOCUS
Waiting for results
Improved enforceability of
laws, less red tape and bet-
ter schools are among the
changes businesses say
they are still waiting to see
from the government.
pg 6
Lawyers' rules
Legal professionals in Slov-
akia face some restrictions,
for instance on advertising,
but they say the rules are
mostly in line with those
elsewhere in Europe.
pg 8
CULTURE
French film, au naturel
The Francophone Film Fest-
ival returns to Bratislava
this month, including an
outdoor screening in one of
the city's main squares.
pg 15
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Vol. 17, No. 14
A ceremony was held at the Gate of Freedom monument in Devín on April 5 to commemorate the hundreds of
people killed and wounded attempting to flee across the Iron Curtain before November 1989.
MPs lose cloak of
anonymity in GP vote
POLITICAL parties will now get a
much clearer picture of the prefer-
ences of their MPs when it comes to
selecting Slovakia’s next general
prosecutor, one of the most power-
ful positions in the country.
Parliament on April 5 changed
the rules for selecting the general
prosecutor, judges of the Constitu-
tional Court and the chairs and
deputy chairs of the Supreme Audit
Office (NKÚ), Slovakia’s public ad-
ministration and procurement
watchdog. Henceforth, the selec-
tion votes will be held as public or
recorded votes, as opposed to the
previous secret ballots. Under the
amendment to the parliamentary
discussion order, however, the
Coalition agrees tax reform plan
BY BEATA BALOGOVÁ
Spectator staff
CONSIDERABLY simpler payment of
taxes and payroll levies beginning in
2013 is the government’s slogan for
HUF 263.24
the proposed changes to Slovakia’s
JPY 121.82
tax system which have drawn fiery
PLN 3.99
1.43 debate within and outside the ruling
USD
coalition since its first version was
released in early March. After a
number of compromises by pro-
ponents of the most radical of the
competing proposals, the ruling co-
Monday, April 11, 2011 - Sunday, April 17, 2011
BY BEATA BALOGOVÁ
Spectator staff
speaker and deputy speakers of par-
liament as well as the chairs of the
parliamentary committees will still
be chosen by secret ballot. The
amendment also introduces the op-
tion for MPs to hold a secret vote on
other posts for which a public ballot
would otherwise be held. At least 15
legislators are required to propose a
secret vote.
While the change increases the
ruling coalition’s chances of get-
ting its nominee selected as the
next general prosecutor, opposi-
alition announced on April 4 that it
had reached an agreement on the
overall contours of its legislative
proposal. Nevertheless, the draft still
appears to have critics within the
ruling coalition.
The tax changes proposed for
those who are self-employed have
been the most divisive issue, with the
Civic Conservative Party (OKS), part of
the ruling coalition's Most-Híd party,
still saying that it will not support any
change which increases the tax bur-
den on the self-employed or those who
work under short-term contracts.
The Ministry of Finance submit-
ted the draft legislation for interde-
Photo: TASR
tion Smer party leader Robert Fico
decried the change, saying “the
neck of Slovak democracy has just
been broken”.
Political analysts, however,
have been at a loss to detect any
such threat to the country’s demo-
cracy from a change which will
make MPs accountable for their
choices rather than allowing them
to vote anonymously. On the con-
trary, the analysts suggest that
Fico may fear that a new general
prosecutor will open some sensit-
ive cases from his own time in of-
fice that have until now remained
undisturbed.
See OPEN pg 13
partmental review on April 7 and
also asked for public discussion by
inviting citizens to share their
comments about the plan.
According to the ministry’s fig-
ures, taxpayers will deal with a
single government institution in
2013 rather than the six different in-
stitutions that currently make up
the system. One aspect of the pro-
posal is a gradual decrease of four
percent in the payroll tax burden for
regular employees, those who have a
standard employment relationship
with an employer.
See LEVY pg 4
FOCUS
of this issue
Smer MPs
seek debate
on Hungary
BY MICHAELA TERENZANI
Spectator staff
THE HEAT produced by MPs in the Slovak
parliament during their lengthy and pas-
sionate debate preceding the passage of the
law on minority languages into its second
reading had not cooled down before opposi-
tion deputies requested an extraordinary
session of parliament to deal exclusively
with what they called the Hungarian
government’s politics directed at the Hun-
garian minority in Slovakia. Slovakia’s four
ruling parties have refused to support the
initiative and insist that they will maintain
their moderate approach towards bilateral
relations with Hungary.
A group of MPs from the Smer party peti-
tioned for an extraordinary session of par-
liament to debate a parliamentary declara-
tion that would bind Slovakia’s government
to respond more aggressively to the policies
advanced by Hungarian Prime Minister
Viktor Orbán. The initiative began after
Orbán was reported in the Hungarian media
to have said that persons who acquire Hun-
garian citizenship based on his country’s
dual citizenship law will be granted the
right to vote in Hungarian elections.
See NAY pg 2
Budget deficit
down in Q1
BY JANA LIPTÁKOVÁ
Spectator staff
SLOVAKIA closed the first quarter of 2011
with a preliminary state budget deficit of
€655 million, one third less than in the
same period in 2010. The Finance Ministry
said the improved figures are due to an
increase in revenues and cuts in ex-
penditure and pointed to the austerity
measures adopted by the Iveta Radičová
government that took power last sum-
mer. Analysts say fulfilment of the
government’s budgetary target, a reduc-
tion of the state budget deficit to 4.9 per-
cent of GDP this year, is on track, but note
that month-to-month changes in tax rev-
enues warrant attention.
“A glimpse solely at the deficit for the
first quarter gives a relatively optimistic
view, as the three-month central budget
shortfall narrowed by 33.4 percent com-
pared with the same period a year ago,”
Vladimír Vaňo, chief economist at Volks-
bank Slovensko, told The Slovak Spectator.
“However, closer scrutiny of this prelim-
inary result is needed in order to assess
adequately the trend in this year’s public
finance and its structural health.”
See DEFICIT pg 4
2 April 11 – 17, 2011
Slovak courts to learn from Brazil
AS IT designs a programme
for greater digitalisation of
judicial documents, Slovakia
will draw inspiration and as-
sistance from Brazil, said Su-
preme Court President Štefan
Harabin. Harabin signed a
protocol on cooperation with
his Brazilian counterpart, Ar-
im Pargendler, during a re-
cent visit to Brazil, the SITA
newswire reported on April 1.
“The main priority of the
cooperation is the digitalisa-
tion of the judiciary and the
exchange of judicial
experiences,” Harabin
stated, as quoted by SITA. “It
is an original system to make
RTVS gets €10 million infusion
CULTURE Minister Daniel
Krajcer and Miloslava
Zemková, the director general
of Radio and Television of
Slovakia (RTVS), signed an
annex to the contract between
the state and the merged pub-
lic-service radio and televi-
sion broadcaster that will give
an additional €10 million to
RTVS, the SITA newswire re-
ported.
These funds are primarily
intended for the broadcaster's
own productions but RTVS is
also allowed to hire some ex-
ternal contractors and make
some limited investments.
The ministry's spokes-
woman, Eva Chudinová, told
SITA that RTVS’s own produc-
tion will be 55 projects (560
broadcasting hours) with ex-
ternal production of 10
projects (19 hours) worth
€500,000 permitted.
The Culture Ministry is
also preparing a second grant
worth €8 million, SITA repor-
New rules for mayors’ salaries set
THE BASIC salary of mayors of
towns and villages in Slovakia
will be reduced by 10 percent
and municipal councils will
be prohibited from increasing
their mayor’s salary by more
than 70 percent over the basic
amount, according to an
amendment to the law on re-
muneration of mayors of
towns and villages advanced
by the Freedom and Solidarity
(SaS) party. Parliament passed
the amendment on April 6,
the SITA newswire reported.
MPs also removed from
the current legislation the
option to award a monthly
bonus to a mayor and re-
Roma segregation criticised
THE HUMAN Rights Com-
mittee of the United Nations
has called on Slovakia to end
the segregation of Roma
children in schools. The
committee’s most recent set
of recommendations reiter-
ates that the Slovak govern-
court processes faster and
more transparent.”
SITA wrote that organ-
isational steps for 36 Brazili-
an judges to visit Slovakia’s
Justice Academy are under-
way.
The digitalisation of
court files in Brazil permits
online publication of rulings
in an official internet-based
bulletin. All case file docu-
ments are now exclusively
maintained in digital form in
Brazil, with hard copies used
only in older cases, which
constitute about one fifth of
the cases currently before
Brazilian courts.
ted, of which €2 million is
planned for external produc-
tions and €6 million for in-
vestments by RTVS.
One of the conditions for
external productions will be
international co-production.
All programmes must be ori-
ginal productions in the pub-
lic interest, the ministry said.
Chudinová also stated
that the ministry has created
an audit group that will check
how funds granted in 2010
were used, adding that there
are indications that some
projects did not use the funds
efficiently and effectively.
“The 2011 amendment
came into existence after
complicated negotiations by
both parties and, in spite of
the current situation at RTVS
caused by the former man-
agement, we have to conclude
that the 2011 amendment will
provide for continuous
production,” Chudinová
stated, as quoted by SITA.
stricts a mayor to severance
pay of only three monthly
salaries rather than the cur-
rent five salaries, and per-
mits severance pay only if a
mayor has been in office for
at least six months.
The amendment will af-
fect currently sitting may-
ors. Within 20 days of the
amendment’s effective date,
May 1, a municipal council
must meet and approve a
salary for its mayor within
the caps set by the amend-
ment. SITA wrote that if this
is not done, the mayor will
receive only the basic salary
defined by the law.
ment must fulfil its com-
mitments under the Interna-
tional Covenant on Civil and
Political Rights, the TASR
newswire reported.
Compiled by Spectator staff
from press reports
NEWS
NBÚ candidate vetted
the activities of foreign intel-
BY MICHAELA ligence services. SaS leader
Richard Sulík stated at a press
TERENZANI
Spectator staff conference on April 6 that
Stano was not involved in any
management role at SIS, had
FINDING a director for never spoken with Ivan Lexa,
Slovakia’s National Security and had not known him at all.
Bureau (NBÚ) is proving diffi- Sulík said Stano got his job at
cult for the ruling coalition. the SIS after replying to a job
After being criticised for not offer which stated that a state
immediately acting to replace administration body, which
the previous government’s later turned out to be the SIS,
NBÚ chief, who had allegedly was looking for a computer
been a communist-era secret programmer.
agent, the four coalition parties “He is a man with a good
are now facing an internal dis- Richard Sulík arrives at the Coalition Council session. Photo: Sme name, the necessary profes-
agreement about who to nom- sional experience and I am
inate to lead the NBÚ. they were not familiar with agency, from 1995 to 1998, convinced that he will lead
At an April 4 meeting of Stano and wanted to know during the era of prime min- the office responsibly,” Sulík
the Coalition Council, the more about his past. The co- ister Vladimír Mečiar and commented, as quoted by
Freedom and Solidarity (SaS) alition agreed to take a week, former SIS chief Ivan Lexa, Sme on April 5.
party proposed a candidate to until April 11, to consider when the SIS was accused of
replace František Blanárik, SaS’s proposed candidate engaging in various criminal Unenthusiastic partners
who resigned from his post more carefully. activities.
on March 7, more than two Objections to Stano star- Stano confirmed to the The other coalition part-
years before his term was due ted surfacing soon afterwards Sme daily that he was a staff ners have suggested that they
to end. SaS nominated Ján from various quarters be- member of SIS’s central ana- might have problems support-
Stano as the new NBÚ direct- cause he had worked for the lytical section, which he said ing Stano as head of the NBÚ.
or but the three other coali- Slovak Information Service at that time was involved in
tion partners responded that (SIS), the state intelligence protecting the country from See SPY pg 5
NAY: Bugár criticises Orbán comments
Continued from pg 1 'No threat' to Slovak security Smer’s MPs did indeed state that they
saw a connection between Orbán’s
Smer MPs also are demanding that the Despite the fact that many observers policies toward the Hungarian minority
Slovak government bring the issue of vot- believe that the dual citizenship law, living in Slovakia and the law on minor-
ing rights in Hungary for ethnic Hungari- passed by the Orbán-led Hungarian gov- ity languages which parliament passed
ans living in Slovakia before European and ernment at the very start of its term, was into its second reading on April 5.
international forums. designed to twang Hungarian nationalist “On the one hand there is the attempt
“If someone’s trying to threaten Slov- strings in order to divert attention from by Hungary to appropriate the citizens of
akia, if someone’s trying to bring their serious economic problems in Hungary, another country; on the other hand the
own problems and their own lust for they added that the law poses no threat Slovak parliament debates a law which at-
power to the territory of Slovakia, Slov- to Slovakia’s national security. tempts to close the Hungarian minority
akia needs to take legitimate decisions,” “As long as we’ve got satisfied cit- into an even bigger language ghetto,” said
Smer leader Robert Fico stated, adding izens, we’ve got nothing to worry about Smer MP Marek Maďarič in parliament.
that his party wanted to convene parlia- at all,” political analyst Miroslav Kusý The amendment proposed by the
ment “to remind the Slovak cabinet that told The Slovak Spectator. “After all, the Deputy Prime Minister for National
they’ve got certain duties when it comes ethnic Hungarians living in Slovakia are Minorities and Human Rights, Rudolf
to the protection of national interests”. better off than the Hungarians living in Chmel nominated by Most-Híd, would
Hungary and it is not in their interest to lower the threshold for official use of a
Cabinet opposes session harm the country they live in.” minority language in a particular muni-
On the other hand, the political con- cipality from the current 20 percent of
Coalition leaders maintain that their sequences of having a large group of eth- the population to 15 percent. Under the
handling of Slovak-Hungarian relations nic Hungarians living in Slovakia voting amendment, municipal councils in
is appropriate. At its April 6 meeting the in Hungarian elections could become a towns and villages with at least 15 per-
cabinet expressed its clear disagreement problem, as it could nourish the nation- cent minority-language citizens would
with Smer’s proposals and tasked Prime alism of the Slovak majority to be direc- be able to hold sessions in a minority
Minister Iveta Radičová with sending a ted against the Hungarian minority, language if all participants agreed to do
letter with the cabinet’s stance to the Mesežnikov said. so. Municipal offices would also be ob-
Speaker of Parliament. “If a real election campaign of Hun- liged to prepare forms and official docu-
All four coalition partners have pub- garian parties starts in Slovakia, the re- ments in the minority language as well
lically spoken against Smer’s proposal action of the SNS [Slovak National Party] as the state language, and if requested,
and stated that their MPs will not vote in or Smer will be very hard,” Mesežnikov would also be required to issue bilingual
favour of the extraordinary session initi- said, adding that Hungarian political birth, marriage and death certificates.
ated by Smer. parties campaigning in southern Slov- Several political observers say Smer’s
Political analysts commented that akia could offer a welcome excuse for the attempt to connect Orbán’s politics with
Smer’s call for an extraordinary session SNS and Smer to inflame nationalist Slovakia’s amendment to its minority lan-
was intended only for its own political be- tendencies among Slovaks. guages law is a way to provoke anti-Hun-
nefit, noting that being perceived in the garian sentiments, which they believe
role of “defender of national interests” has Minority language debate affected helped Smer win votes in last year’s par-
proved appealing to voters. liamentary elections. Kusý said making a
Grigorij Mesežnikov, of the Institute The statements of the Hungarian change in the law on minority languages
for Public Affairs (IVO), said that in reality prime minister have already had an im- has been a perennial demand from politi-
Slovakia cannot influence whether ethnic pact on Slovak politics, Béla Bugár of the cians representing the Hungarian minor-
Hungarians living outside Hungary get governing Most-Híd party told Hungari- ity and it did not arrive in parliament as a
voting rights in Hungary or not, simply an public-service radio on April 6, ar- result of politics in Hungary.
because the right to vote is part of state cit- guing that Orbán is worsening the situ- “Orbán’s politics are very problemat-
izenship. ation of the Hungarian minority living in ic but it is of no importance to him
“It’s not possible to deprive a citizen Slovakia. Bugár said that Orbán’s state- whether Slovakia has the threshold for
of a state of his or her voting rights just ment about granting voting rights to speaking minority languages set at 10, 15
because he or she lives somewhere else,” Hungarians in Slovakia had distracted or 20 percent,” Mesežnikov opined.
Mesežnikov told The Slovak Spectator, the attention of the Slovak public and In reality, a lowered threshold for of-
adding that some adjustments could be politicians from discussing the merits of ficial use of a minority language would af-
made in a voting rights law such as per- the amendment to the law on minority fect mostly municipalities with ethnic
mitting only those who are physically languages when it was debated by the Ruthenian and Roma minorities rather
present on election day to vote. Slovak parliament. than those where ethnic Hungarians live.

'People have the right
to understand verdicts'
Not all judges
realise the effect
their behaviour
has on the
judiciary's image,
minister says
BY BEATA BALOGOVÁ
Spectator staff
IT IS NOT enough for judges to
make independent, fair and
unbiased decisions: they also
have to make sure that the
public perceives their actions
as such, and the way they act
outside as well as inside their
courtrooms contributes to
that perception, according to
Lucia Žitňanská. Slovakia’s
minister of justice is an ad-
vocate of wider public over-
sight of what happens behind
the closed doors of the
country’s judiciary.
The Slovak Spectator
spoke to Žitňanská about the
solution she envisions to ad-
dress delays in court proceed-
ings, the perceived shortfall
in judicial integrity and its
consequences, the conduct of
disciplinary proceedings
within the judiciary, and
planned changes to the
country’s prosecution sys-
tem, as well as changes to
improve the business envir-
onment in Slovakia.
The Slovak Spectator (TSS):
Foreign investors and the
diplomatic community have
been expressing concern
over the low level of public
confidence in the judiciary,
as well as the problem of
corruption. What tools can
change this situation? How
can internal corruption be
weeded out of the judiciary?
Lucia Žitňanská (LŽ):
Sometimes, the problem is
viewed within the judiciary as
something artificially pro-
duced by vicious politicians,
diplomats or perhaps busi-
nesses who simply do not un-
derstand how the judiciary
works. I am convinced that it
is important to start openly
addressing the issue and quite
clearly express that the situ-
ation isn’t caused by politi-
cians who do not like the judi-
ciary, but rather by concrete
experiences that people actu-
ally have with the judiciary.
People who lose trials have
the right to understand the
verdicts so that they are able
to accept them.
We have started talking
about conditions within the
judiciary and are attempting
to obtain the truth about its
state. The Justice Ministry
has already prepared a pack-
age of measures, which has
already been passed by par-
liament, intended to open up
Justice Minister Lucia ŽItňanská
the judiciary to public control.
It involves publishing court
decisions, open competitions
for judicial positions, but also
publication of statistics on the
performance of courts so that
people can see which courts
perform better and which un-
derperform. After all, the
truth isn’t black and white:
there are courts that are mak-
ing decisions pretty fast and
there are ones that proceed
very slowly, and we will focus
on those courts.
TSS: Changing the rules
cannot always resolve spe-
cific people’s lack of integ-
rity. Do you also plan some
personnel changes?
LŽ: I haven’t yet carried
out fundamental reshuffles
because I have to ensure that
it is absolutely obvious that all
the steps the Justice Ministry
is taking are completely legit-
imate. Thus first I want to un-
cover the conditions within
the judiciary and show differ-
ences between the perform-
ances of certain courts. I will
then pay special attention to
the courts which aren’t work-
ing in the way they should. In
courts where procrastination
is frequent and the state often
has to reimburse affected cit-
izens it is completely legitim-
ate to demand that the presid-
ent of the court explains the
delays and sets out what he
has done to change the situ-
ation. If the court president is
unable to provide the answers
then I will have to take action.
I try to avoid political de-
cisions and instead want to
make only decisions that can
be supported by the condition
NEWS
of the given courts and reach
for personnel changes only
when these are unavoidable.
We are now getting closer to
the point when these de-
cisions will come, but I want
to make sure that the steps of
the ministry cannot be
doubted in any way.
TSS: You have started using
the expression “integrity”
more often than some of
your predecessors.
LŽ: Integrity is an expres-
sion which has not been used
that frequently in Slovakia.
Yet I believe that it is very im-
portant since not only the dir-
ectly provable corruption but
also the way particular heads
Integrity
is an expression
which has not been
used that frequently
in Slovakia.
Lucia Žitňanská
of courts are behaving is prob-
lematic. It is not only about
judges deciding independ-
ently and without bias but
also whether they are doing
their best so that their acts
and behaviour are viewed as
such. In Slovakia, not all top
judges realise what con-
sequences their behaviour can
have on the overall perception
of the judiciary. It is perhaps
important that a judge re-
strains from hanging out with
the local ‘high society’ and
Photo: Sme - Tomáš Benedikovič
remains somewhat reserved
so that there are no doubts
about his ability to make un-
biased decisions. It seems that
these issues do not have
enough weight in our society.
TSS: Observers, including
foreign diplomats, have of-
ten stressed that if a system
is perceived by the public as
corrupt this is equally bad
for the system as is actual
corruption. Isn’t public
trust underestimated by
some members of the judi-
ciary?
LŽ: It is a similar threat as
when a corrupt environment
actually exists. Trust is an ab-
solute basis of the relation-
ship between the citizen and
the judiciary. If trust is ab-
sent, then people do not view
even the fair decisions as be-
ing fair, which is a dangerous
phenomenon for the func-
tioning of democracy as such.
Then, the tendency for people
to start trying to solve their
problems through means oth-
er than the courts can emerge,
which is equally dangerous
for society. Thirdly, there can
also be economic con-
sequences from the lack of
confidence of the public in the
judiciary since the country
might start losing out on in-
vestments. Judges sometimes
suggest that I should start
talking positively about the
judiciary so that its image im-
proves. But that is not a job for
the justice minister. [The
judiciary’s image] is more de-
pendent on how judges them-
selves behave on a daily basis.
See LŽ pg 8
Combating
homophobia
New website
launched to
monitor
homophobic
incidents
HOMOPHOBIC incidents
have been far from uncom-
mon in Slovakia in recent
years. In an attempt to pre-
vent them in the future, gay
rights advocates have now
launched a website where
they can be reported.
The Inakosť civic associ-
ation, which works to pro-
tect the rights of lesbian,
gay, bisexual and trans-
gender (LGBT) individuals,
launched its website,
www.homofobia.sk, on
April 5 as a tool to report,
monitor and prevent acts of
homophobia in Slovakia. In-
formation for victims of ho-
mophobic attacks and dis-
crimination based on sexual
orientation will be available
on the website as well.
“Discrimination and at-
tacks against this minority
must not be overlooked,” Ján
Benec of Inakosť said.
The website includes an
electronic form through
which incidents of homo-
phobia can be anonymously
reported. The report can be
made by a person directly
involved in a homophobic
incident or by anyone else,
including friends or relat-
ives, or by witnesses to such
an incident.
Inakosť promises to
monitor the reported incid-
ents and will encourage
state bodies, the police,
Slovakia’s ombudsman or
others to provide timely and
appropriate help to a victim
of homophobia.
A November 2010 docu-
ment on discrimination and
homophobia prepared by the
EU Agency for Fundamental
Bratislava's first Pride event was in 2010. Photo: Tibor Somogyi
April 11 – 17, 2011 3
Rights (FRA) reported that
LGBT persons are often dis-
criminated against and
might be targets of violent
attacks.
The document states
that homophobia often takes
the form of statements that
LGBT people should ‘heal’
their sexual orientation or
that homosexuality is an ill-
ness, but it also involves us-
ing swearwords against
LGBT individuals or direct
discrimination by refusing
to hire a person because of
his or her sexual orientation.
The document also gives as
an example of institutional
discrimination a state’s re-
fusal to acknowledge homo-
sexual partnerships.
The authors state the
most common causes of ho-
mophobic behaviour are re-
ligious beliefs which reject
homosexuality and other
forms of sexuality, but also
note that the absence of or
rare social contact between
the majority population and
LGBT people is also a factor.
“When you belong to the
majority you feel like the
whole world, all people, are
like you or should be like
you,” psychologist Hana
Smitková wrote. “We know
very little about people who
are in the minority, or are
“different”, we are not trying
to understand them, we
have got prejudices and we
are even afraid, just because
we do not know them.”
The document noted that
there are negative con-
sequences of homophobia
for the heterosexual major-
ity as well, stating that it
leads, for instance, to pre-
mature sexual activity by
teenagers who want to prove
in that way to their peers
and themselves that they are
“normal”.
By Michaela Terenzani
with press reports
4 April 11 – 17, 2011 BUSINESS / NEWS

LEVY: Self-employed may face tax rise

Opposition fails to halt privatisation
OPPOSITION MPs from the
Smer party have failed to per-
suade parliament to stop
privatisation of six state-
owned central heating com-
panies. On April 6, only 69 of
147 MPs voted in favour of a
Smer amendment to the law
governing conditions for
transfer of state assets, too few
to move the proposal to a
second reading, the SITA
newswire reported.
Smer argued that the price
paid by residents of these cit-
ies for centrally-produced heat
would increase after privatisa-
tion, saying this has been the
usual scenario after privatisa-
tion of what the party called
strategic energy companies.
Smer also argued that
dividends received by the
state from the heating
plants' profits have not been
negligible.
MPs from the governing
Quality of Slovak urban life assessed
ONLY 23 percent of Slovaks
are happy with the quality of
life in their cities, with 63
percent perceiving the qual-
ity to be just standard, ac-
cording to a recent survey
conducted by the AKO agency
via telephone in March 2011.
“The most important
factors in judging the attract-
iveness of a city are its envir-
onment, safety, access to
health care, cleanliness and
waste management,” said Lu-
cia Ftáčniková of AKO when
presenting the survey results,
the TASR newswire wrote.
Ftáčniková said Slovak
urban dwellers are mainly
happy with shopping, and
coalition countered that it will
soon be necessary for someone
to invest large sums in im-
proving the heating plants
and that since heat prices are
regulated by Slovakia’s Office
for Regulation of Network In-
dustries (ÚRSO) there is no
reason for concern about price
hikes, SITA reported.
During the parliamentary
debate Smer leader Robert Fico
reminded Prime Minister Iv-
eta Radičová of her pre-elec-
tion promise to not privatise
strategic companies and
charged that the
government’s current move
toward privatisation was “an
election fraud against the
citizens”.
The sale of Slovakia's six
heating companies is due to
start in the second half of 2011.
Cities where the plants are
located are to get 5 percent of
the shares for free.
culture and nightlife, two
areas in which respondents
did not see a need for im-
provement. However, more
than half of respondents re-
ported feeling an acute need
for improvement in health
care, public transport, roads,
parking, living expenses, per-
sonal safety and housing
prices.
The survey also found that
60 percent of those surveyed
were born in the city where
they currently reside, which
Ftáčniková said indicates the
low mobility of many Slovaks.
Compiled by Spectator staff
from press reports
Continued from pg 1 a consequence of concessions
to the self-employed and con-
The plan proposes to tract workers.”
lessen the tax burden by one Kičina agreed that the
percent in each of the four up- proposal will finally bring
coming years if public fin- more transparency and sim-
ances improve in line with plify the tax system while the
the government’s mid-term incentive to replace standard
budget projections, the min- employment contracts with
istry stated in its statement. agreements with self-em-
Slovenský Živnostenský ployed persons will decrease
Zväz (SŽZ), an association of and for these reasons he
self-employed trade and craft views the proposed reforms
workers, said that it can sup- positively.
port the technical side of the Kičina estimated that the
proposal since its measures proposed changes will result
would significantly reduce in a self-employed person
administrative burdens on with monthly income in the
self-employed persons, but it range of €350 to €600 and
nevertheless enumerated monthly expenses not ex-
several objections to the over- ceeding 40 percent of their
all proposal. Self-employed tradesmen may soon pay higher taxes. Photo: SME income paying more in taxes.
SŽZ does not agree with “Considering the huge dif-
scrapping the 40-percent per- years ago, the association more in income taxes,” SŽZ’s ference between the average
sonal allowance that self-em- wrote, saying this change release stated. taxes and payroll levies of
ployed persons can deduct would bring higher taxes. The SŽZ also objected that employees and the self-em-
from their tax base for busi- “We understand the need those who are self-employed ployed, I evaluate this meas-
ness expenses, the association for reform, but a detailed will not be able to include ure positively,” Kičina told
wrote in a release provided to analysis of the impacts is ne- payroll levies in their ex- The Slovak Spectator. “Never-
The Slovak Spectator by Viola cessary along with clarifying penses. A firm which employs theless, I am negative about
Kromerová of SŽZ. The associ- other technical details and people is allowed to have the radical change in the per-
ation wrote that the lump proposed measures,” wrote these payroll levies included sonal allowance for business
sum deduction for self-em- SŽZ. as part of its expenses, the as- expenses. I would have ex-
ployed persons had already sociation added. pected a gradual decrease
been reduced in 2011 from 60 The plan and concerns The head of OKS, Peter Za- within a 2 to 3 year transition
percent to 40 percent. jac, said his party remains period. After all, even if this
“We cannot agree with The Finance Ministry unconvinced about the allowance had been kept,
further cuts and cannot look stated that considerable ad- coalition’s agreement on tax many self-employed would
at the possibility of claiming vantages are being proposed reform, stating that the basic still pay more.”
expenses up to the subsist- for the self-employed, saying principle that OKS has been As for the risks of the pro-
ence minimum, which is that the minimum social and pushing – to make the whole posed tax reform plan, Kičina
€190 per month, as a health insurance payments, system simpler and more said he sees two: “First, politi-
substitute,” said SŽZ in its of- which are currently paid by transparent – seems to have cians might fail to reach
ficial statement. “Switching 80 percent of the self-em- been fulfilled, but the party agreement and the reform
to bookkeeping [to deduct ployed, should decrease from remains opposed to increas- will not go through; and
business expenses] brings the €160 per month now to ing the tax burden for the secondly, the radical cancella-
along an increase in addi- less than €140. The ruling co- self-employed. tion of the personal allowance
tional expenses, for example alition also stated that social “The reform should have for business expenses might
for hiring an accountant,” insurance payments will be been neutral in terms of the either force the self-employed
the association added. set at 13 percent and health budget, which means that it to end their businesses or mo-
SŽZ also takes issues with insurance premiums would should have not increased the tivate them that instead of
the proposal to further re- be set at 9 percent. overall tax and payroll levy paying high taxes and payroll
duce the level of non-taxable “Publishing that the self- burden,” said Robert Kičina, levies they will hire a
earnings since this amount employed will save money on executive director of the ‘creative’ accountant who will
was cut in 2011 from their payroll levies is nice, but Business Alliance of Slovakia be able to shape their tax basis
€4,024.70 to €3,559.30, re- one has to add also the fact (PAS). “There could be a mod- in a way so that they pay even
turning to its level from two that in the end they will pay erate drop in the tax burden as less than they did so far.”

DEFICIT: EU transfers helped drive rise in state revenues

Continued from pg 1
Vaňo pointed out that the monthly results in terms of cumu-
lative shortfalls present a rather volatile picture for the first
three months of the year: at the end of January, the budget
shortfall was worse than a year before, after February it was less
than half of the 2010 result, and after the first three months the
result was one third better than it was last year.
“Purely from a managerial viewpoint, such wide gyrations in
any quantifiable results could cast doubt on whether the process
under consideration is under control,” said Vaňo.
Expenditure during the first quarter of 2011 amounted to
€3.407 billion and was 2.5 percent lower than during the same
period of 2010, according to the Finance Ministry. It stated that
expenditure was affected by compulsory items which do not re-
flect the real policies of the government. After removing items
like repayment of state debt, coverage of the deficit of social se-
curity provider Sociálna Poisťovňa, and other items, the Fin-
ance Ministry calculated the basic budget expenditure as being
€2.059 billion, down 6.2 percent year-on-year. Meanwhile, rev-
enues rose by one tenth year-on-year to €2.752 billion. Trans-
fers from the EU were the main driving force behind the in-
crease: receipts from this source increased by two thirds year-
on-year. Tax revenues remained roughly at last year’s level, ac-
cording to the Finance Ministry.
“The state budget closed the first quarter of 2011, when
compared with the same period of 2010, relatively well,” VÚB
Banka analyst Andrej Arady told The Slovak Spectator. “It is
possible to say that the drop in the deficit can also be ascribed to
austerity measures adopted by the cabinet. From the viewpoint
of expenditures, omitting items which do not take into consid-
eration the policies of the cabinet, it is possible to observe that
the state’s plan to save on basic expenditures in the operation
of the state is being met. These decreased by more than 6 per-
cent year-on-year; and after taking into consideration the in-
crease in prices [the figure] was even higher.”
Analysts see the lower expenditure and, on the other hand,
the more significant increase in revenue as lying behind the
slowdown in the growth of the deficit.
“Narrowing of the first-quarter deficit by one third was a
result of a 9.6-percent increase in quarterly revenues compared
with the same period a year ago and an annual decrease in
budget expenditures by 2.5 percent compared to the same peri-
od last year,” Vaňo said, pointing out that the quarterly collec-
tion of revenues amounted to only 20.9 percent of the full-year
target. “A closer look at the domestic sources of state budget
revenues causes eyebrows to be raised even further. Total tax
revenues for the first three months of the year were down by
0.5 percent compared with the same period a year ago.”
This, according to Vaňo, means that the development of the
major domestic tax revenue sources in the first three months of
the year merits increased attention, at the very least.
Arady agreed that from the viewpoint of budget revenues,
tax revenues have not fulfilled expectations so far. But these
may be affected by several factors, for example pre-stocking, a
time shift in transfers of payments, or by a reduction in con-
sumption, he said.
According to Radovan Ďurana of the INESS economic
think tank, three months are too short a period on which to
base an evaluation of the year-end deficit.
“Details of expenditures are known so far only for Febru-
ary 2011 and this is too little to make a proper assessment,”
Ďurana told The Slovak Spectator, adding that tax revenues at
the beginning of the year are also influenced by various side
effects, such as Christmas and pre-stocking and that as result
he would not want to make any early assessment. “Attention
should be paid to collection of VAT, which has been occurring
at a slower pace.”
According to Ďurana, the Finance Ministry forecasts that
by the end of 2011 an extra €814 million should have been col-
lected compared to 2010.
“Alongside this, taking data from the Finance Ministry,
expenditure by the state should decrease by €700 million,”
said Ďurana. “This is certainly positive when compared with
the previous cabinet of Robert Fico. On the other hand, the
cabinet in 2011 has to face higher expenditure linked to the
state debt and subsidies to the social security provider. After
taking into consideration these factors, the contribution of
taxpayers is significant. To ascribe the drop especially to sav-
ings would be inadequate.”
Vaňo sees fulfilment of the budget plan as being well on
track.
“As long as the risks of revenue shortfalls in some of the
major revenue items are accompanied by timely and com-
mensurate expenditure restraints, fulfilment of the budget
seems to be well on track,” said Vaňo. “But still the question
remains whether the looming revenue shortfalls are only
temporary in nature or whether they might suggest a men-
acing trend that would require additional cost-cutting ini-
tiatives.
To read the whole article,
please go to www.spectator.sk

QUOTE OF THE WEEK:
Speaker of Parliament Richard Sulík comments on further allegations by opposition
SNS MP Igor Štefanov that several MPs and ministers are being wire-tapped.
BY LUKÁŠ FILA
Special to the Spectator
GREAT men often enter public
life to fight for a great cause.
Nelson Mandela fought
apartheid, Václav Havel
communism. And Slovak par-
liamentary speaker Richard
Sulík concession fees (kon-
cesie). He started his crusade
against the fees, which are
used to finance public broad-
casters, in 2008, when the
government introduced a
plan to make them mandatory
for all those who pay electri-
city bills, including busi-
nesses and households with
no TV sets or radios.
In a blog Sulík explained
that “basic values such as
justice and solidarity played
no role in drafting the law”,
“its creators cared only for
money” and stressed that the
law was “prepared by
dilettantes”.
After the legislation
Normal service will resume shortly.
SPY: KDH, Most-Híd express doubts
Continued from pg 2
“The KDH [Christian
Democratic Movement] has
got a serious problem with
the proposed candidate, since
he worked at the SIS in the
period when Ivan Lexa was
its director,” KDH spokesper-
son Matej Kováč told The
Slovak Spectator.
He added that the party
will share its final decision
about the nomination at the
coalition partners’ next meet-
ing. According to the agree-
ment between the four
parties, the SaS gets to nom-
inate the head of the NBÚ, but
the KDH said that it is ready
to propose candidates too.
“We are ready to offer
serious candidates,” said
Ján Figeľ, the party’s chair,
“One should live in such a way that
one could be wire-tapped every day.”
Koncesie
SLOVAK WORD
OF THE WEEK
passed, Sulík initiated a na-
tional referendum on scrap-
ping the fees, to which he
only later added further ques-
tions. And it took almost an-
other year before he an-
nounced that he was launch-
ing a party – Freedom and
Solidarity (SaS).
Last fall he got his refer-
endum, which was ruled in-
valid due to low voter turnout.
as quoted by the TASR
newswire.
Another coalition party,
Most-Híd, said it does not
mind Stano’s work for the SIS
per se, but does have reserva-
tions about the fact that Stano
worked for the analytical de-
partment of the SIS under
Ivan Lexa, party spokesper-
son Nora Czuczorová told The
Slovak Spectator. The party is
now gathering more informa-
tion, but its future support for
Stano is questionable.
The fourth party in the
governing coalition, the Slov-
ak Democratic and Christian
Union (SDKÚ) stated that it
will not comment about
Stano’s nomination before
the next meeting of the Coali-
tion Council scheduled for
April 11.
OPINION / NEWS
Never mind, said Sulík, we’re
in government now and can
achieve our goals even
without a plebiscite. Conces-
sion fees could supposedly not
be gotten rid of right away due
to the dire state of the public
finances, but 2011 was to be
their last year.
That is true no more, and
they will go on for at least an-
other year. Why? For the same
reason that Sulík found so ap-
palling just three years ago –
lack of money.
In keeping the fees SaS is
going against its primary and
core agenda. Whatever argu-
ment Sulík might try to come
up with, he has already ri-
diculed it in his early political
days. What’s the reason for
his drastic turnaround?
It could be that the SaS
boss never cared about the
fees that much, and that they
just served to provide him
with public recognition. Or
maybe Sulík has finally un-
derstood what politics is all
about - concessions.
Photo: Sme - Tomáš Benedikovič
If Stano turns out to be
unacceptable as a joint can-
didate of the coalition part-
ners, SaS has stated that it is
ready to offer other candid-
ates.
Problematic NBÚ head
The top position at the
NBÚ has proved problematic
in the past as well. The credib-
ility of the bureau was
brought into question after
Blanárik was reported to have
been an agent in the com-
munist-era counter-intelli-
gence service.
Blanárik, who was ap-
pointed by the previous rul-
ing coalition led by Robert
Fico’s Smer party, garnered
much criticism from parts of
the then-opposition, which
Kissed or cursed by Muses?
IF THERE had been a Muse of
politics she might have been
responsible for the antics of
Smer boss Robert Fico, who in
early April along with some
long-time nationalist enter-
tainers from the Slovak Na-
tional Party (SNS), showered
the Slovak public with a
stream of bombshell state-
ments.
Moreover, Fico started a
blog on the webpage of the
Sme daily – a newspaper that
had always been one of the
targets of his acid criticism of
the media. He assumed a
gregarious smile on the blog
and while calling readers
“honoured friends” ex-
plained with a good-
tempered voice why he so
vehemently objects to the
ruling coalition’s decision to
change the parliamentary
procedure used to select
Slovakia’s general prosecutor
from a secret ballot to a re-
corded, public ballot.
Fico had even dramatically
cried out in parliament that
the ruling coalition would be
breaking the neck of demo-
cracy by making the change.
“Yes, if the ruling coalition
had announced the change
from a secret ballot to a public
vote at the beginning of its rule
or before the first vote for gen-
eral prosecutor I could hardly
have opposed it even though
the secret ballot is the greatest
privilege of democracy,” Fico
wrote on his blog.
If Fico had never tailored
a single piece of legislation to
suit his own political ambi-
tions or if he had never al-
lowed his ruling coalition
buddies to twist rules and
regulations to benefit those
of their own kith and kin,
then perhaps his concern for
the ‘neck of democracy’
would appear more genuine.
Fico’s outcry would also
be more plausible if he would
not benefit from keeping the
vote secret. With the secret
ballot preserved, Fico might
see past prosecutor Dobroslav
Trnka re-elected for another
seven-year term as well as the
leaders of the ruling coalition
now makes up the ruling co-
alition, because of his alleged
links to the communist
secret service.
Now, nine months after
the change in political power,
some in the media have noted
that Blanárik remained in his
post even though the leaders
of SaS had boasted that their
party does not accept former
communists as members.
On March 7 Blanárik an-
nounced his resignation, stat-
ing that he did not intend to
become a victim of political
gamesmanship. Neverthe-
less, he is expected to contin-
ue to lead the NBÚ until the
end of April. The NBÚ is an
important component of
Slovakia’s power structure
because it has the authority
to issue security clearances.
April 11 – 17, 2011 5
squirming in uncertainty Slota “revealed” that
over whether they could trust Spišiak had once worked as a
their own MPs to cast ballots mere elevator operator and
for the coalition's candidate. then went on to allege that
Moreover, Prime Minister
Iveta Radičová has not with-
drawn her statement that she
Spišiak had caused traffic ac-
cidents in 2000 and 2004
while driving under the in-
would resign if Trnka were re- fluence of alcohol. Slota then
selected and that, coupled called on the police president
to explain his past conduct.
Anyone who has seen a few of
EDITORIAL
Slota’s alcohol-induced public
appearances in the past will
find this “revelation” more
than amusing.
Štefanov’s tales of eaves-
dropping by the Interior Min-
istry do have the potential to
make the Slovak public
nervous, and if the allega-
tions had come from a more
credible source there might
be much stronger pressure
for additional explanation.
Štefanov most recently went
as far as to say that what he
called illegal eavesdropping
should worry even a minister
in the Radičová government.
Another piece of Fico-
BY BEATA BALOGOVÁ theatre called the “Hungari-
Spectator staff an scare” was performed
when parliament rejected a
with Fico’s hopes fuelled by special session to censure
an opinion poll that found Hungarian Prime Minister
Smer could form a new gov- Viktor Orbán for his decision
ernment without a partner, to grant voting rights to eth-
means nothing would please nic Hungarians living bey-
Fico more than a serious crisis ond Hungary’s borders. Smer
in the sitting government. arrived with Hungarian flags
SNS boss Ján Slota and his at parliament – potentially
one-time expert for quirky making SNS turn green with
tenders, Igor Štefanov, have envy, or fear, that Fico had
been feeding the media with just stolen the SNS’s main
wild stories and comedic role on the political stage:
“information” which is sup- holding back the looming
posed to “uncover” the true Hungarian menace.
character of the country’s In- Neither Smer nor the
terior Minister, Daniel SNS can bury their less-
Lipšic, and Police President than-illustrious political
Jaroslav Spišiak. histories and their current
While only a very small modi operandi in the polit-
group of people is likely to at- ical arena are nothing more
tribute any credibility to than deceitful theatrics that
Slota and Štefanov, their ef- radiate the suspicion that
forts seem quite meretricious these parties are seeking
since they only began broad- something other than their
casting their “revelations” declared goals – the same
after Lipšic announced that charge that Fico has been
Štefanov would bear legal trying to hang on the ruling
scrutiny for the infamous coalition in connection
bulletin-board tender that with changing the voting
clearly benefited companies method to select the general
friendly to Slota. prosecutor.
J ÁN PAL LO - Publisher
EDITORIAL
B E ATA B AL O G OVÁ - Editor - In - Chief
J AM E S THO M S O N - Assistant Editor
D O NAL D S PATZ - Assistant Editor
J ANA L IP TÁKOVÁ - Staff Writer
M IC H AE LA TER ENZANI - Staff Writer
ZUZANA V IL IKOVS K Á - Staff Writer
D O M INIK A UH R ÍKOVÁ - Staff Writer
LAYOUT, WEB & IT
TATIANA ŠTR AUC HOVÁ - Graphic Designer
R O M AN K R Á Ľ - IT
TO M Á Š PAL L O - Online Publishing
SALES - FINANCES
B EATA F OJ TÍKOVÁ - Sales Executive
M AR TINA Š M ATL ÁKOVÁ - PR and Marketing Manager
M AR TA F UK AS OVÁ - Advertising Assistant
TO M ÁŠ K EL L EY - Circulation Manager
The Slovak Spectator is an independent newspaper published every Monday by The Rock, s.r.o.
Subscriptions: Inquiries should be made to The Slovak Spectator’s business office at (+421-2) 59 233 300.
Printing: Petit Press a.s. Distribution: Interpress Slovakia s.r.o., Mediaprint-kapa s.r.o., Slovenská po‰ta a.s.
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of articles marked ©The Slovak Spectator, as well as for the public circulation of reproductions of these articles,
in compliance with the 33rd article and 1st paragraph of the Copyright Law. Media monitoring is provided
by Newton, IT, SMA and Slovakia Online with the approval of the publisher. Advertising material contained herein
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Address: The Rock, s.r.o., Lazaretská 12, 811 08 Bratislava. IâO: 313 86 237.
6 April 11 – 17, 2011

LEGISLATION
Law firms face BUSINESS FOCUS Next issue:
some special rules

AmCham calls for further

legal reforms TELECOMMUNICATIONS

Still waiting for results Institutions, organisations and

Firms and
entrepreneurs
call for
improvement
of the business
environment
in Slovakia
BY JANA LIPTÁKOVÁ
Spectator staff
EVEN though the govern-
ment of Iveta Radičová,
which took power after last
June’s parliamentary elec-
tions, has already adopted
several new laws designed to
improve the business envir-
onment in Slovakia, firms say
they have yet to see any signi-
ficant improvement and still
face repeated obstacles when
doing business. They are call-
ing for improvement of the
present low enforceability of
laws, a reduction in red tape,
an improvement in the lag-
ging education system, and –
especially – the eradication of
corruption.
“Businesspeople assess
most of the laws adopted after
the parliamentary election in
Ministers say they want to help businesses.
2010 positively,” Róbert
Kičina, the executive director
of the Slovak Business Alli-
ance (PAS) told The Slovak
Spectator. “The introduction
of the duty to publish on the
internet contracts involving
the state has had the biggest
positive response.”
And businesses reacted
positively to the programme
that the Radičová govern-
ment set out for its four-year
term.
“Expectations of Justice
Photo: TASR
Minister Lucia Žitňanská are
also high and businesspeople
also rate positively the efforts
to open up the judiciary to
greater public supervision,”
Kičina said.
On the opposite side of the
ranking are changes in laws
related to taxes and compuls-
ory contributions.
“Changes in health insur-
ance premiums, flowing from
the new duty to pay contribu-
tions from profit sharing, and
the amendment increasing
value added tax to 20 percent
were the most negatively per-
ceived changes,” Kičina said.
Even though most of the
new laws are regarded posit-
ively, Kičina said that this has
not translated into signific-
antly greater optimism about
the business environment.
“The development of the
Business Environment Index
indicates that the new cabin-
et of Iveta Radičová has not
persuaded businesspeople so
far,” said Kičina, who
ascribes this effect to the
weak ‘fighting power’ of the
cabinet and a lack of clarity
over reforms in the pipeline,
especially changes to com-
pulsory contributions.
Richard Ďurana, the dir-
ector of the economic think
tank INESS, agrees that
changes so far have not
brought any significant im-
provement in the business
environment.
“We are still waiting for
changes that might make
doing business simpler,”
said Ďurana.
Attempting to describe
the Slovak business envir-
onment, Ďurana used a
comparison with other
European countries.
See CODE pg 12
useful links related to Slovak law
Ministry of Justice
Minister: Lucia Žitňanská
www.justice.gov.sk
Slovak Bar Association
- an independent, self-governing professional
organisation with about 4,100 attorneys and 1,220
trainees as members.
www.sak.sk
Chamber of Notaries
- a self-governing professional organisation represent-
ing notaries in Slovakia. Its mission is to protect the
interests of members, supervise their activities, and
perform additional functions as required by law.
www.notar.sk
Public Defender – Ombudsman
Pavel Kandráč was elected Public Defender of Rights by
the Slovak Parliament on March 19, 2002, becoming the
country’s first ombudsman; he was re-elected to
another five-year term on January 30, 2007.
www.vop.gov.sk
Elektronická zbierka zákonov
- The electronic collection of the text of Slovak laws
(only in Slovak).
www.zbierka.sk
Some major law firms in Slovakia
Allen & Overy Bratislava, www.allenovery.com
bnt – Sovova Chudáčková & Partner, www.bnt.eu
Čechová & Partners, www.cechova.sk
Futej & Partners, www.futej.sk
Hagyari, Kubovič & Partners, www.hkplegal.sk
Havel & Holásek, www.havelholasek.sk
Kinstellar, www.kinstellar.com
Peterka & Partners, www.peterkapartners.sk
Ružička Csekes, www.rc-cms.sk
White & Case, www.whitecase.com

New legislation in the spotlight For additional law firms, please see the Book of Lists,
published by The Slovak Spectator

The Slovak Spectator (TSS): Which sion of collective agreements to employ-

BY JANA LIPTÁKOVÁ
Spectator staff
LAST YEAR saw multiple elections in
Slovakia, among which the general elec-
tion was undoubtedly the most import-
ant. The pre-election campaigning and
jockeying among political parties likely
had an effect on the quantity of legisla-
tion advanced by legislators in the Slovak
parliament. Nevertheless, a considerable
number of new laws or significant
amendments were enacted that are
already having an impact on Slovak soci-
ety. The Slovak Spectator asked five local
law firms to comment on what they see
as having been the most significant legis-
lation adopted last year or early this year.
Though the attorneys at the law
firms had wide-ranging lists, the amed-
ments to the Act on Public Procurement
and to the Civil Code, the latter requiring
publication of public contracts, were of-
ten cited as significant changes.
The Slovak Spectator spoke to
Ľubomír Leško, attorney at law at Peter-
ka & Partners, attorneys Juraj Gyarfáš
and Martin Magál from Allen & Overy
Bratislava, Peter Kubovič, managing
partner at Hagyari, Kubovič & Partners,
attorney Ján Azud from Ružička Csekes,
and attorney Vladimír Kordoš from So-
vova Chudáčková & Partner about recent
legislation enacted in Slovakia.
were the most significant laws en-
acted in Slovakia last year?
Ľubomír Leško (ĽL): The main influ-
ence in 2010 was from the parliamentary
election, which affected the adoption of
new laws. In enterprise, the Trade Licens-
ing Act was considerably amended by re-
pealing concessions and introducing the
possibility to take all steps required to es-
tablish a company in only one place. Re-
gistering companies (or changes related to
them) with the commercial registries has
also been slightly simplified by enabling
deeds to be served in electronic form. Un-
der a contract concluded between the Min-
istry of Justice and the Chamber of Notar-
ies, it has been possible since July 2010 for
a notary to obtain extracts from the Com-
mercial Register. The procedure should be
cheaper, more accessible and faster than it
currently is at the registry courts.
The former government of Robert Fico
adopted the new Act on Consumer Credit
and the Act on Unfair Terms in Commer-
cial Relations between Customers and
Suppliers of Goods, which are groceries.
These acts impose additional obligations
on entrepreneurs.
Important laws adopted by the 2010
Slovak Parliament include the amend-
ment to the Act on Value Added Tax
which has temporarily increased VAT to
20 percent. The Act on Collective Bargain-
ing has also been amended, removing the
possibility for the Ministry of Labour, So-
cial Affairs and Family to force the exten-
ers who are not party to them, previously
perceived as an adverse step against em-
ployers and employment in Slovakia.
Laws of greater impact that are cur-
rently being prepared include amend-
ments to tax, social security and health
insurance contributions and a new Build-
ing Act. In employment, a major
amendment to the Labour Code is being
drafted, which will introduce changes to
some major conditions such as working
time, the probationary period and the no-
tice period.
Juraj Gyarfáš (JG) and Martin Magál
(MM): We regard the amendment intro-
ducing obligatory publishing of contracts
(Act No. 546/2010 Coll.) and the Act on
Services in the Internal Market (Act No.
136/2010 Coll.) as the most important le-
gislation adopted last year.
Peter Kubovič: In the field of con-
sumer protection there was an important
Act on Consumer Credit (Act No.
129/2010) enacted in 2010, which trans-
posed the related EU directive from 2008.
The importance of this act lays in refin-
ing the method for calculation of the an-
nual costs percentage, in tightening
sanctions for incorrectly calculated an-
nual costs percentage which is disad-
vantageous to a consumer, and in setting
obligations for each intermediary in con-
sumer credit to meet the conditions re-
quired of financial agents.
See SURVEY pg 9
Recent legislation approved by MPs
Slovak legislators closed the 16th session of the current
parliament on April 6. During 10 discussion days they
agreed, among other things, to hold a public vote to select
the next general prosecutor and to reduce the salaries of
mayors of towns and villages, as well as adopting a
revision to the University Act introducing obligatory
tuition fees for all part-time students as of the next
academic year, the TASR newswire wrote.
Parliament dealt with two drafts in fast-track
proceedings. The first amended the Act on Electronic
Communications, introducing fees for extension of
mobile operators’ licences; and the second – through
which the government responded to the financial
situation at the biggest, state-owned health insurer,
Všeobecná Zdravotná Poisťovňa – postponed the
application of tighter regulations regarding the liquidity
of health insurers until the second half of 2012. The next
parliamentary session will start on May 17.
Compiled by Spectator staff
The main chamber of the Slovak Parliament. Photo: TASR
 LEGAL VIEW April 11 – 17, 2011 7

uˆšê„‘—Œ¾†’••˜“—Œ’‘ꄆ—ꌑêz’™„ŽŒ„
kŒ–†’–˜•ˆê’‰ê†’‘—•„†—–Ꚍ—‹ê“˜…Œ†ê„˜—‹’•Œ—Œˆ–ê„‘‡ê–—„—ˆ¾’š‘ˆ‡ê†’“„‘Œˆ–ê…ˆ†’ˆ–ꐄ‘‡„—’•œ

v‘ê¡êq„‘˜„•œê¢ª¡¡ê„ꑈšê„†—±êu’­ê¥¤¦½¢ª¡ªêj’­ê
—‹ˆêh†—ñꅈ†„ˆêˆ‰‰ˆ†—Œ™ˆêŒ‘êz’™„ŽŒ„±êš‹Œ†‹êŒ–ê
—‹ˆê‘ˆšêz’™„Žên’™ˆ•‘ˆ‘—³–ê„——ˆ“—ꗒꌑ†•ˆ„–ˆê
—•„‘–“„•ˆ‘†œê„‘‡ê†˜•…ꆒ••˜“—Œ’‘ꌑꗋˆê“˜…Œ†ê
–ˆ†—’•­ê
z˜†‹ê„ê–—ˆ“ꌖꗒꅈꚄ•œêšˆ†’ˆ‡êŠŒ™ˆ‘ê
—‹ˆê–ŒŠ‘Œ‰Œ†„‘—ꇈ—ˆ•Œ’•„—Œ’‘ꌑ꓈•†ˆŒ™ˆ‡ê“˜…Œ†ê
–—„‘‡„•‡–ê’™ˆ•ê•ˆ†ˆ‘—꜈„•–­êêuˆ™ˆ•—‹ˆˆ––±ê—‹ˆ•ˆê
„•ˆê–’ˆê†’“Œ†„—Œ’‘–ê„‘‡ê˜‘†ˆ„•êŒ‘—ˆ•“•ˆ—„—Œ’‘–±ê
š‹Œ†‹ê‘ˆˆ‡ê—’ꅈꆏ„•Œ‰Œˆ‡ê‰’•ê—‹ˆêh†—ê—’ê“•’™Œ‡ˆêê
†ˆ„•êŠ˜Œ‡ˆŒ‘ˆ–ꉒ•ê—‹ˆê„‘œêˆ‘—Œ—Œˆ–ꄉ‰ˆ†—ˆ‡ê…œêŒ—­
{‹ˆêh†—ꌑ—•’‡˜†ˆ–ꉘ‘‡„ˆ‘—„ê†‹„‘Šˆ–êê
—’êš•Œ——ˆ‘ꆒ‘—•„†—–ꆒ‘†˜‡ˆ‡êšŒ—‹ê“˜…Œ†êê
„˜—‹’•Œ—Œˆ–ê„‘‡ê–—„—ˆ¾’š‘ˆ‡ê†’“„‘Œˆ–ꄉ—ˆ•êê
¡êq„‘˜„•œê¢ª¡¡­êê{‹ˆ–ˆê„Š•ˆˆˆ‘—–Ꚍê‘’šêê
‘’—ê…ˆ†’ˆêˆŠ„œêˆ‰‰ˆ†—Œ™ˆê˜‘ˆ––ê„‘‡ê˜‘—Œêê
—‹ˆœê„•ˆê“˜…Œ–‹ˆ‡ê’‘ê—‹ˆêŒ‘—ˆ•‘ˆ—­ê

t„‘‡„—’•œê‡Œ–†’–˜•ˆ o’šˆ™ˆ•±ê —‹ˆ•ˆê „•ˆê †ˆ•—„Œ‘ê t„•—Œ‘êt„Š5ê q˜•„ênœ5•‰5O

{‹ˆêh†—ê–“ˆ†Œ‰Œˆ–ê—š’ꆒ‘¾
‡Œ—Œ’‘–ê ’‘ê š‹Œ†‹ê „ê š•Œ——ˆ‘ê
„Š•ˆˆˆ‘—ê ˜–—ê …ˆê “˜…Œ–¾
‹ˆ‡ê’‘Œ‘ˆ­êê{‹ˆ–ˆê„•ˆê—‹„—®
¡Ãê ’‘ˆê ’‰ê —‹ˆê “„•—Œˆ–ê Œ–ê „‘ê
¶’…ŒŠˆ‡ê ˆ‘—Œ—œµ±ê š‹Œ†‹ê
Œ‘†˜‡ˆ–ꄏê–—„—ˆ±ê•ˆŠŒ’‘„ê
„‘‡ê˜‘Œ†Œ“„ê„˜—‹’•Œ—Œˆ–±ê
ˆ‘—Œ—Œˆ–ꈖ—„…Œ–‹ˆ‡ê…œê„šê
ˆŠê —‹ˆê u„—Œ’‘„ê i„‘Žê ’‰ê
z’™„ŽŒ„Ãꄑ‡êˆ‘—Œ—Œˆ–ê—‹„—ê
šˆ•ˆê ‰’˜‘‡ˆ‡ê …œê “˜…Œ†ê
„˜—‹’•Œ—Œˆ–±ê–˜†‹ê„–ê–—„—ˆ¾
’š‘ˆ‡ê†’“„‘Œˆ–ꈊꄌ•¾
“’•—–±ê•„Œš„œ–òꄑ‡ê
¢Ãê —‹ˆê „Š•ˆˆˆ‘—ê ˜–—ê •ˆ¾
„—ˆê—’ꓘ…Œ†ê‰Œ‘„‘†ˆ–±ê“˜¾
…Œ†ê“•’“ˆ•—œê’•êl|ꉘ‘‡–­
j’‘–ˆ”˜ˆ‘†ˆ–ê
’‰ê‘’‘¾‡Œ–†’–˜•ˆ
h‘œê „Š•ˆˆˆ‘—ê š‹Œ†‹ê ‹„–ê
—’ê …ˆê ‡Œ–†’–ˆ‡ê ‡’ˆ–ê ‘’—ê …ˆ¾
†’ˆêˆŠ„œêˆ‰‰ˆ†—Œ™ˆê˜‘—ŒêŒ—ê
Œ–ꓘ…Œ–‹ˆ‡­êêp‰êŒ—ꌖꑒ—ꓘ…¾
Œ–‹ˆ‡êšŒ—‹Œ‘ê—‹•ˆˆê’‘—‹–±êŒ—ê
šŒê…ˆê†’‘–Œ‡ˆ•ˆ‡êŒ‘™„Œ‡­ê
p‘ê “•„†—Œ†ˆê —‹Œ–ê š’˜‡ê
ˆ„‘ꉒ•êˆ›„“ˆ®ê
ìê „‘œê “„œˆ‘—–ê „‡ˆê ’•ê
–ˆ•™Œ†ˆ–ê •ˆ‘‡ˆ•ˆ‡ê ˜‘‡ˆ•ê
—‹ˆê„Š•ˆˆˆ‘—ꐘ–—ꅈꕈ¾
—˜•‘ˆ‡²
ìê —‹„—ê —‹ˆê “˜•†‹„–ˆ•ê ‡’ˆ–ê
‘’—ꄆ”˜Œ•ˆê—‹ˆê—Œ—ˆê—’ꊒ¾
’‡–ê„‘‡ê•ˆ„ê“•’“ˆ•—œê„‘‡ê
†„‘‘’—ê’‘¾–ˆê—‹ˆê„––ˆ—–²ê
ìê „‘œê “ˆ‡Šˆê Š•„‘—ˆ‡ê Œ–ê Œ‘¾
™„Œ‡²ê„‘‡
ìê —‹ˆê †’˜‘—ˆ•“„•—œê †„‘‘’—ê
•ˆœê’‘ê„‘œê†’‘—•„†—˜„ê•ˆ¾
“•ˆ–ˆ‘—„—Œ’‘–±ê †’™ˆ‘„‘—–±ê
Œ‘‡ˆ‘Œ—Œˆ–±êˆ—†­
|‘†ˆ„•ê–†’“ˆ
t’–—ê ˆ‘—Œ—Œˆ–ê „‰‰ˆ†—ˆ‡ê …œê
—‹ˆê •ˆŠ˜„—Œ’‘ê „•ˆê šˆê ‡ˆ‰Œ¾
‘ˆ‡ê„‘‡ê—‹ˆ•ˆê„•ˆê‘’ꇒ˜…—–ê
•ˆŠ„•‡Œ‘Šê —‹ˆŒ•ê ’…ŒŠ„—Œ’‘–­êê
p‘ê “„•—Œ†˜„•±ê Œ—ê Œ–ê †ˆ„•ê —‹„—ê
–—„—ˆê …’‡Œˆ–ê „–ê šˆê „–ê –ˆ‰¾
Š’™ˆ•‘Œ‘Šê•ˆŠŒ’‘–ê„‘‡ê˜‘Œ¾
†Œ“„Œ—Œˆ–ꉄê˜‘‡ˆ•ê—‹ˆê–†’“ˆê
’‰ê —‹ˆê ‡Œ–†’–˜•ˆê ’…ŒŠ„—Œ’‘­êê
ˆ‘—Œ—Œˆ–ê š‹Œ†‹ê „•ˆê ¶’‘ê —‹ˆê
…’•‡ˆ•µê „‘‡ê š‹’–ˆê ’…ŒŠ„¾
—Œ’‘–ê ˜‘‡ˆ•ê —‹ˆê h†—ê „•ˆê ‘’—ê
ˆ‘—Œ•ˆœê†ˆ„•­ê
m’•ê ˆ›„“ˆ±ê —‹ˆê h†—ê Œ‘¾
†˜‡ˆ–ê „ê ˆ‘—Œ—Œˆ–ê ¶‰’˜‘‡ˆ‡ê
…œê „ê “˜…Œ†ê „˜—‹’•Œ—œµ­ê ê |‘¾
‡ˆ•ê—‹ˆêŒ—ˆ•„êŒ‘—ˆ•“•ˆ—„—Œ’‘±ê
—‹Œ–êš’˜‡ê„–’ꌑ†˜‡ˆê†’¾
“„‘Œˆ–ê ’•ŒŠŒ‘„œê ‰’˜‘‡ˆ‡ê
…œê —‹ˆê –—„—ˆê …˜—ê š‹Œ†‹ê ‹„™ˆê
–Œ‘†ˆê …ˆˆ‘ê “•Œ™„—Œ–ˆ‡±ê –˜†‹ê
„–ê –’ˆê „’•ê z’™„Žê …„‘Ž–ê
„‘‡ê ˆ‘ˆ•Šœê †’“„‘Œˆ–­ê ê h—ê
—‹ˆê –„ˆê —Œˆ±ê —‹ˆê Œ—ˆ•„ê
š’•‡Œ‘Šê š’˜‡ê ˆ›†˜‡ˆê –˜…¾
–Œ‡Œ„•Œˆ–ꒉꖗ„—ˆ¾’š‘ˆ‡ê†’¾
“„‘Œˆ–ê ‰•’ê Œ—–ê –†’“ˆ±ê …ˆ¾
†„˜–ˆê —‹ˆœê šˆ•ˆê ‘’—ê ‡Œ•ˆ†—œê
¶‰’˜‘‡ˆ‡ê …œê „ê “˜…Œ†ê „˜—‹’¾
•Œ—œµ­ê ê i’—‹ê ˆ›„“ˆ–ê –‹’šê
—‹„—ê—‹ˆêŒ—ˆ•„êš’•‡Œ‘Šê‡’ˆ–ê
‘’—êš‹’œê„—†‹ê—‹ˆê“˜•“’¾
–ˆê’‰ê—‹ˆêh†—­ê
h‡‡Œ—Œ’‘„œ±ê ‡ˆ†Œ‡Œ‘Šê
š‹ˆ—‹ˆ•ê „‘ê „Š•ˆˆˆ‘—ê Œ–ê •ˆ¾
„—ˆ‡ê —’ê “˜…Œ†ê ‰Œ‘„‘†ˆ–±ê “˜¾
…Œ†ê “•’“ˆ•—œê ’•ê l|ê ‰˜‘‡–ê Œ–ê
‘’—ꄏš„œ–ꆏˆ„•­êêl™ˆ‘ê–’ˆê
‰’•ˆ•œê –—„—ˆ¾’š‘ˆ‡ê “•Œ™„¾
—ˆê†’“„‘Œˆ–ꐄœê…ˆê†„˜Š‹—ê
…œê —‹ˆê „‘‡„—’•œê ‡Œ–†’–˜•ˆê
•ˆ”˜Œ•ˆˆ‘—ê ’‰ê –’ˆê „Š•ˆˆ¾
ˆ‘—–­êêh—ê—‹ˆê–„ˆê—Œˆ±ê—‹ˆê
Œ—ˆ•„ê š’•‡Œ‘Šê –˜ŠŠˆ–—–ê —‹„—ê
ˆ™ˆ‘ê —‹ˆê “•’“ˆ•—œê ’‰ê –—„—ˆ¾
’š‘ˆ‡ê †’“„‘Œˆ–ê Œ–ê —ˆ†‹‘Œ¾
†„œê ‘’—ê –—„—ˆê “•’“ˆ•—œê „‘‡ê
—‹˜–ê‘’—ꆒ™ˆ•ˆ‡ê…œê—‹ˆê‡Œ–†¾
’–˜•ˆê’…ŒŠ„—Œ’‘­êêhŠ„Œ‘±ê—‹ˆê
‡•„‰—Œ‘Šê ’‰ê —‹ˆê „šê ‡’ˆ–ê ‘’—ê
š‹’œê„—†‹êŒ—–ꓘ•“’–ˆ­ê
{‹ˆê Œ‘—ˆ•“•ˆ—„—Œ’‘ê —‹„—ê
†’˜•—–ê šŒê „‡’“—ê Œ–ê ‡Œ‰‰Œ†˜—ê
—’ê“•ˆ‡Œ†—ê„‘‡±êŠŒ™ˆ‘ê—‹ˆê‹„•¾
–‹êˆŠ„ê†’‘–ˆ”˜ˆ‘†ˆ–ꒉꉄŒ¾
Œ‘Šê—’ꆒ“œ±ê—‹ˆê‘ˆšê•ˆŠ˜¾
„—Œ’‘ê „œ±ê šŒ—‹’˜—ê ‡ˆ—„Œˆ‡ê
Ž‘’šˆ‡Šˆê ’‰ê —‹ˆê “•’™Œ–Œ’‘–ê
„‘‡ê †„•ˆ‰˜ê „‘„Šˆˆ‘—±ê
„‡™ˆ•–ˆœê „‰‰ˆ†—ê ˆŠ„ê †ˆ•—„¾
Œ‘—œê Œ‘ê „‘œê •ˆ„—Œ’‘–‹Œ“–­êê
~‹Œˆê—‹ˆê“‹Œ’–’“‹œê’‰ê‡Œ–†¾
’–˜•ˆê†ˆ•—„Œ‘œê“’Œ‘—–ꌑꗋˆê
•ŒŠ‹—ꇌ•ˆ†—Œ’‘±ê’•ˆê—‹’•’˜¾
w„•—‘ˆ•±êhˆ‘êÆêv™ˆ•œêi•„—Œ–„™„±ê–­•­’­ê
Š‹ê „‘‡ê †’‘†Œ–ˆê ‡•„‰—Œ‘Šê ’‰ê
—‹ˆêh†—ꆒ˜‡ê‹„™ˆê“•ˆ™ˆ‘—ˆ‡ê
–’ˆê’‰ê—‹ˆ–ˆêŒŽˆœê“•„†—Œ†„ê
‡Œ‰‰Œ†˜—Œˆ–­
kŒ–†’–˜•ˆê…œê
„ꆒ˜‘—ˆ•“„•—œê
{‹ˆê h†—ê „–’ê „‡‡•ˆ––ˆ–ê —‹ˆê
–Œ—˜„—Œ’‘ê ’‰ê „‘ê ’…ŒŠˆ‡ê ˆ‘—Œ—œê
ˆŠê „ê –—„—ˆê „˜—‹’•Œ—œÃê ‰„ŒŒ‘Šê
—’ꓘ…Œ–‹ê—‹ˆê„Š•ˆˆˆ‘—±ê—‹˜–ê
ˆ‘–˜•Œ‘Šê Œ—–ê ˆŠ„ê Œ‘ˆ‰‰ˆ†—Œ™ˆ¾
‘ˆ––­ê ê p‰ê —‹ˆê ’…ŒŠˆ‡ê “ˆ•–’‘ê
‡’ˆ–ê ‘’—ê “˜…Œ–‹ê —‹ˆê „Š•ˆˆ¾
ˆ‘—±ê —‹ˆê †’˜‘—ˆ•“„•—œê „œê
„““œê ‰’•ê “˜…Œ†„—Œ’‘ê Œ‘ê —‹ˆê
j’ˆ•†Œ„ên„ˆ——ˆ­êê{‹ˆê“•Œ¾
™„—ˆê †’˜‘—ˆ•“„•—œê “˜…Œ–‹Œ‘Šê
—‹ˆê„Š•ˆˆˆ‘—ꌑꗋˆêj’ˆ•¾
†Œ„ên„ˆ——ˆê‹„–ê—‹ˆê–„ˆêˆŠ„ê
†’‘–ˆ”˜ˆ‘†ˆ–ê „–ê “˜…Œ†„—Œ’‘ê
…œê —‹ˆê ’…ŒŠˆ‡ê ˆ‘—Œ—œê ’‘ê —‹ˆê
Œ‘—ˆ•‘ˆ—­
ê ‡Œˆ„ê ’‰ê ‘ˆˆ‡Œ‘Šê —’ê “˜…¾
l›†ˆ“—Œ’‘–
{‹ˆê h†—ê ˆ›ˆ“—–ê †ˆ•—„Œ‘ê
†’‘—•„†—–ê ‰•’ê ‡Œ–†’–˜•ˆ­êê
{‹ˆ–ˆê Œ‘†˜‡ˆê ˆ“’œˆ‘—ê
„Š•ˆˆˆ‘—–ê šŒ—‹ê “˜…Œ†ê
ˆ“’œˆˆ–±ê †’‘—•„†—–ê †’‘†˜¾
‡ˆ‡ê …œê Œ‘—ˆŒŠˆ‘†ˆê „Šˆ‘†Œˆ–ê
„‘‡ê†’‘—•„†—–ꕈ„—Œ‘Šê—’ê–ˆ†˜¾
•Œ—Œˆ–­ê ê o’šˆ™ˆ•±ê —‹ˆê †„•™ˆ¾
’˜—–ê„•ˆê‡•„‰—ˆ‡ê‘„••’šœê„‘‡ê
Œ—ꄏš„œ–ꑈˆ‡–ꗒꅈꆄ•ˆ‰˜œê
†’‘–Œ‡ˆ•ˆ‡êš‹ˆ—‹ˆ•ê„ê–“ˆ†Œ‰Œ†ê
†’‘—•„†—ꐘ–—ꅈꓘ…Œ–‹ˆ‡­
p‘ê „‡‡Œ—Œ’‘±ê —‹ˆê h†—ê „–’ê
„’š–ê —‹ˆê –“ˆ†Œ‰Œ†ê ˆ›ˆ¾ê
“—Œ’‘ê ’‰ê †ˆ•—„Œ‘ê †’‘—•„†—˜„ê
“•’™Œ–Œ’‘–±ê–˜†‹ê„–꓈•–’‘„ê
‡„—„ê „‘‡ê …„‘ŽŒ‘Šê –ˆ†•ˆ†œ­êê
o’šˆ™ˆ•±ê —‹ˆê „““Œ†„—Œ’‘ê ’‰ê
„‘ê ˆ›ˆ“—Œ’‘ê „–’ê ‘ˆˆ‡–ê —’ê
…ˆê †’‘–Œ‡ˆ•ˆ‡ê ’‘ê „ê †„–ˆ¾…œ¾
†„–ˆê…„–Œ–­ê
i„‘ŽŒ‘Šê–ˆ†•ˆ†œ
i„‘Ž–ê ’‰—ˆ‘ê ˆ‘—ˆ•ê Œ‘—’êê
†’‘—•„†—˜„ê•ˆ„—Œ’‘–‹Œ“–Ꚍ—‹ê
“˜…Œ†ê ˆ‘—Œ—Œˆ–±ê –˜†‹ê „–ê š‹ˆ‘ê
‰Œ‘„‘†Œ‘Šê ˜‘Œ†Œ“„Œ—Œˆ–­ê h¾
—‹’˜Š‹ê˜‘‡ˆ•ê—‹ˆêh†—ê…„‘ŽŒ‘Šê
–ˆ†•ˆ†œêŒ–ê’‘ˆê’‰ê—‹ˆê†„•™ˆ¾’˜—–ê
‰•’ê—‹ˆê‡Œ–†’–˜•ˆê’…ŒŠ„—Œ’‘±ê
•ˆœŒ‘Šê’‘ê—‹ˆê…„‘ŽŒ‘Šê–ˆ†•ˆ†œê
ˆ›ˆ“—Œ’‘êš‹ˆ•ˆê—‹ˆê†Œˆ‘—ê’‰ê
—‹ˆê …„‘Žê Œ–ê „‘ê ’…ŒŠˆ‡ê ˆ‘—Œ—œê
–‹’˜‡ê …ˆê †’‘–Œ‡ˆ•ˆ‡ê šŒ—‹êê
ˆ›—•ˆˆê†„˜—Œ’‘­ê
{‹ˆê ˆ›ˆ“—Œ’‘ê „œê …ˆê
†’‘–—•˜ˆ‡ê‘„••’šœ±ê„““œŒ‘Šê
’‘œê—’ꈑ—Œ—Œˆ–ê—‹„—ê„•ˆê…’—‹ê
’…ŒŠˆ‡êˆ‘—Œ—Œˆ–ê„‘‡ê„•ˆê’…Œ¾
Šˆ‡ê—’ê“•’—ˆ†—ê…„‘ŽŒ‘Šê–ˆ†•ˆ¾
†œ­êê~‹ˆ•ˆê—‹ˆê’…ŒŠˆ‡êˆ‘—Œ—œê
Œ–ê‘’—ꄏ–’ê–˜…ˆ†—ê—’ê…„‘ŽŒ‘Šê
–ˆ†•ˆ†œ±êŒ—êš’˜‡ê–—Œê…ˆê’…Œ¾
Šˆ‡ê —’ê “˜…Œ–‹ê —‹ˆê †’‘—•„†—­êê
p‰ê —‹ˆê ’…ŒŠˆ‡ê ˆ‘—Œ—œê †Œˆ‘—ê
‰„Œˆ‡ê—’ꓘ…Œ–‹ê—‹ˆê†’‘—•„†—±ê
—‹ˆ‘ê—‹ˆê…„‘Žêš’˜‡ê…ˆêŒ‘ê—‹ˆê
Œ–‹ê —‹ˆê †’‘—•„†—ê ‰’•ê Œ—ê —’ê …ˆê
™„Œ‡±ê …˜—ê …ˆŒ‘Šê ’…ŒŠˆ‡ê ‘’—ê
—’ꅜꌗ–ê…„‘ŽŒ‘Šê–ˆ†•ˆ†œê’…¾
ŒŠ„—Œ’‘–­ê ê {‹ˆ•ˆ‰’•ˆ±ê …„‘Ž–ê
šŒê ‘ˆˆ‡ê —’ê ˆ‘–˜•ˆê —‹„—ê „“¾
“•’“•Œ„—ˆê—ˆ•–ê„•ˆêŒ‘†˜‡ˆ‡ê
Œ‘ê —‹ˆŒ•ê –—„‘‡„•‡ê —ˆ•–ê „‘‡ê
†’‘‡Œ—Œ’‘–ê„‘‡ê„Š•ˆˆˆ‘—–ê—’ê
ˆ‘–˜•ˆê—‹„—ê—‹ˆœê†„‘ꓘ…Œ–‹ê
—‹ˆê †’‘—•„†—–ê šŒ—‹’˜—ê ™Œ’„¾
—Œ‘Šê …„‘ŽŒ‘Šê –ˆ†•ˆ†œ±ê š‹ˆ•ˆê
Œ—–ê ’…ŒŠˆ‡ê ˆ‘—Œ—œê †Œˆ‘—ê ‰„Œ–ê
—’ꓘ…Œ–‹ê—‹ˆê†’‘—•„†—­êê
{•„‡ˆê–ˆ†•ˆ—–
p‘ê—‹ˆê“„–—ê—‹ˆê–—„—ˆê„˜—‹’¾
•Œ—Œˆ–ê–’ˆ—Œˆ–ꕈŒˆ‡ê’‘ê—‹ˆê
“•’—ˆ†—Œ’‘ê ’‰ê —•„‡ˆê –ˆ†•ˆ—–ê „–ê
„ê…„–Œ–ꉒ•ê•ˆ‰˜–Œ‘Šê—’ꇌ–†’–ˆê
Œ‘‰’•„—Œ’‘ꘑ‡ˆ•ê—‹ˆêz’™„Žê
m•ˆˆ‡’ê ’‰ê p‘‰’•„—Œ’‘ê h†—­êê
h––’†Œ„—ˆ±êhˆ‘êÆêv™ˆ•œêi•„—Œ–„™„±ê–­•­’­êê
|‘‡ˆ•ê —‹ˆê ‘ˆšê ˆŠŒ–„—Œ’‘±ê
Œ‘‰’•„—Œ’‘ê •ˆ„—Œ‘Šê —’ê “˜…¾
Œ†ê ‰Œ‘„‘†ˆ–±ê “˜…Œ†ê “•’“ˆ•—œê
’•êl|ꉘ‘‡–ꆄ‘‘’—ꅈꆒ‘–Œ¾
‡ˆ•ˆ‡ê „ê —•„‡ˆê –ˆ†•ˆ—ê „‘‡ê šŒê
‹„™ˆê—’ꅈꇌ–†’–ˆ‡­ê
s’‘Š¾—ˆ•ê
„Š•ˆˆˆ‘—–
~‹Œˆê —‹ˆê „Œ‘ê “˜•“’–ˆê
’‰ê —‹ˆê h†—ê Œ–ê —’ê ˆ‘–˜•ˆê —‹ˆê
‡Œ–†’–˜•ˆê ’‰ê “˜…Œ†ê –ˆ†—’•ê
†’‘—•„†—–±ê —‹ˆê z’™„Žê n’¾
™ˆ•‘ˆ‘—ê „–’ê ‡ˆ†Œ‡ˆ‡ê —’ê
„‡‡•ˆ––ê ¶Œ‘‰Œ‘Œ—ˆµê †’‘—•„†—–ê
–’ˆ—Œˆ–ꆒ‘†˜‡ˆ‡ê…œê“˜¾
…Œ†ê „˜—‹’•Œ—Œˆ–ê Œ‘ê —‹ˆê “„–—ê
ˆŠê‰’•ê—‹ˆêˆ„–ˆê’‰ê„‘‡Ã­êêp‘ê
Œ‘ˆê šŒ—‹ê —‹Œ–ê ’…ˆ†—Œ™ˆ±ê —‹ˆê
h†—ê Œ‘™„Œ‡„—ˆ–ê †ˆ•—„Œ‘ê “•’¾
™Œ–Œ’‘–ê Œ‘ê ’‘Š¾—ˆ•ê „Š•ˆˆ¾
ˆ‘—–ê šŒ—‹ê “˜…Œ†ê „˜—‹’•Œ¾
—Œˆ–­ê ê h˜—’„—Œ†ê ˆ›—ˆ‘–Œ’‘–ê
„‘‡ê—‹ˆêŒ“’––Œ…ŒŒ—œê—’ê—ˆ•¾
Œ‘„—ˆê„‘ê„Š•ˆˆˆ‘—ꉒ•ê„‘ê
Œ‘‡ˆ‰Œ‘Œ—ˆê“ˆ•Œ’‡ê’‰ê—Œˆê„•ˆê
Šˆ‘ˆ•„œê“•’‹Œ…Œ—ˆ‡­ê
j‹’Œ†ˆê’‰ê„š
{‹ˆê ‘ˆšê •ˆŠ˜„—Œ’‘ê Œ–ê
–“ˆ†Œ‰Œ†„œê ‡ˆ–ŒŠ‘ˆ‡ê —’ê „“¾
“œê ˆ™ˆ‘ê š‹ˆ•ˆê —‹ˆê “„•—Œˆ–ê
’“—ê ‰’•ê „ê ‰’•ˆŒŠ‘ê Š’™ˆ•‘Œ‘Šê
„š­ê ê p—ê •ˆ„Œ‘–ê —’ê …ˆê –ˆˆ‘ê
š‹ˆ—‹ˆ•±ê ‰’•ê ˆ›„“ˆ±ê „‘ê
l‘ŠŒ–‹ê†’˜•—êš’˜‡ê˜“‹’‡ê
—‹ˆê „‘‡„—’•œê ‡Œ–†’–˜•ˆê
•ˆ”˜Œ•ˆˆ‘—ê Œ‘ê „ê †’‘—•„†—ê
Š’™ˆ•‘ˆ‡ê …œê l‘ŠŒ–‹ê „šê
…ˆ—šˆˆ‘ê „‘ê l‘ŠŒ–‹ê …„‘Žê
„‘‡ê „ê z’™„Žê “˜…Œ†ê „˜—‹’¾
•Œ—œ­ê ê o’šˆ™ˆ•±ê Œ—ê „““ˆ„•–ê
ŒŽˆœê —‹„—ê „—ê ˆ„–—ê šŒ—‹Œ‘ê
—‹ˆêl|±ê—‹ˆê„‘‡„—’•œê‡Œ–†¾
’–˜•ˆê •ˆ”˜Œ•ˆˆ‘—–ê š’˜‡ê
…ˆê˜“‹ˆ‡­ê
o’šê—’ê“•’†ˆˆ‡
{‹ˆê ‰’’šŒ‘Šê –‹’˜‡ê …ˆê
†’‘–Œ‡ˆ•ˆ‡ê …ˆ‰’•ˆê ˆ‘—ˆ•Œ‘Šê
Œ‘—’ê „ê †’‘—•„†—ê šŒ—‹ê „‘ê ˆ‘—Œ¾
—œê—‹„—ꐄœê…ˆê–˜…ˆ†—ê—’ê—‹ˆê
•ˆ–“’‘–Œ…ŒŒ—Œˆ–ê ’‰ê …ˆŒ‘Šê „‘ê
’…ŒŠˆ‡êˆ‘—Œ—œ®
ìê „‘„œ–ˆêš‹ˆ—‹ˆ•ê„ê–“ˆ†Œ‰Œ†ê
†’‘—•„†—ê ‰„–ê ˜‘‡ˆ•ê —‹ˆê
‡Œ–†’–˜•ˆê •ˆ”˜Œ•ˆˆ‘—ê
…ˆ‰’•ˆê ˆ™ˆ•œê “•’–“ˆ†—Œ™ˆê
—•„‘–„†—Œ’‘²
ìê †’‘–Œ‡ˆ•ê š‹ˆ—‹ˆ•ê —‹ˆê
„‘‡„—’•œê ‡Œ–†’–˜•ˆê ’‰ê
—•„‡ˆê–ˆ†•ˆ—–êš’˜‡ê“•ˆ˜¾
‡Œ†ˆê —‹ˆê †’ˆ•†Œ„ê Œ‘—ˆ¾
•ˆ–—–ꒉꗋˆê†’˜‘—ˆ•“„•—œ²ê
ìê †’‘‡˜†—ê„ꇘˆê‡ŒŒŠˆ‘†ˆê’‘ê
š‹ˆ—‹ˆ•ê—‹ˆê•ˆ”˜Œ•ˆˆ‘—–ê
‹„™ˆê …ˆˆ‘ê †’“Œˆ‡ê šŒ—‹ê
Œ‘ê “„–—ê —•„‘–„†—Œ’‘–ê –Œ‘†ˆê
¡êq„‘˜„•œê¢ª¡¡ê’—‹ˆ•šŒ¾
–ˆ±ê—‹ˆ•ˆêŒ–ꑒꙄŒ‡ê„Š•ˆˆ¾
ˆ‘—òê
ìê †’‘–Œ‡ˆ•ê„““•’“•Œ„—ˆê†’‘¾
‡Œ—Œ’‘–ê “•ˆ†ˆ‡ˆ‘—ê „‘‡ê
š„Œ™ˆ•–ê „’šŒ‘Šê “˜…Œ†„¾
—Œ’‘±ê Œ‰ê —‹ˆê ’…ŒŠˆ‡ê ˆ‘—Œ—œê
‰„Œ–ꗒꇒꖒ²
ìê „““œê—’ꓘ…Œ–‹ê—‹ˆê„Š•ˆˆ¾
ˆ‘—±êŒ‰ê—‹ˆê’…ŒŠˆ‡êˆ‘—Œ—œê
‰„Œ–ꗒꇒꖒ²
ìê ‰’•ê—‹ˆê–„Žˆê’‰êˆŠ„ê†ˆ•—„¾
Œ‘—œ±ê „š„œ–ê •ˆ”˜ˆ–—ê †’‘¾
‰Œ•„—Œ’‘ê —‹„—ê —‹ˆê „Š•ˆˆ¾
ˆ‘—ê‹„–ê…ˆˆ‘ꓘ…Œ–‹ˆ‡­
h˜—‹’•–®
t„•—Œ‘êt„Š5ê±êw„•—‘ˆ•±êê
hˆ‘êÆêv™ˆ•œêi•„—Œ–„™„±ê–­•­’­ê
q˜•„ênœ5•‰5Oê±êh––’†Œ„—ˆ±êê
hˆ‘êÆêv™ˆ•œêi•„—Œ–„™„±ê–­•­’­
{‹Œ–ê„•—Œ†ˆêŒ–ê’‰ê
„‘ꌑ‰’•„—Œ™ˆê‘„—˜•ˆê’‘œ­ê
m’•ê’•ˆêŒ‘‰’•„—Œ’‘꓏ˆ„–ˆê
†’‘—„†—ê’˜•ês„šêv‰‰Œ†ˆ®
hˆ‘êÆêv™ˆ•œêi•„—Œ–„™„±ê–­•­’­ê
{ˆ®êФ¢¡êªâꥩ¢ªê¢¤ªª
ššš­„ˆ‘’™ˆ•œ­†’

SP90512/1
8 April 11 – 17, 2011
LŽ: Public is a strong tool
Continued from pg 3
TSS: A recently published
statistic suggests that last
year the state had to pay out
damages of €1,112,000 based
on the rulings of the Consti-
tutional Court, and that
most of the money went to
reimbursement for court
delays. How will the min-
istry solve this problem? Is
this phenomenon specific to
Slovakia?
LŽ: Based on the informa-
tion I have, all countries
which have been through
transition from a communist
regime to a new system,
which also requires an inde-
pendent judiciary, have had
problems with court procras-
tination. These problems are
very similar. As far as I know,
in Poland procrastination is
generally worse than in Slov-
akia. Then, there are coun-
tries which have had per-
manent problems with pro-
crastination, such as Italy,
and countries where this
problem is essentially non-ex-
istent. It has to do with the
legal culture in the given
country. Before the Velvet Re-
volution there was almost no
court procrastination, but
after 1990 the legislation
changed dramatically and the
courts were suddenly, within
two or three years, flooded
with different type of prob-
lems: commercial disputes,
restitution and then huge
disputes pertaining to the
privatisation process. At that
time the capacity of the
courts wasn’t strengthened.
Also, the system wasn’t able
to produce the missing judges
overnight, since judges had to
become familiar with the new
legislation. We have faced
this problem since then.
The moment when we
started being able to achieve
more balance occurred
between 2002 and 2004, when
court management projects
started and the operation of
courts were reorganised. We
created the position of higher
court clerk, someone who was
able to decide on minor dis-
putes, leaving judges free to
focus on more serious cases.
Between 2002 and 2004, along
with 1,200 judges, we poured
800 additional lawyers into
the system. Since 2005, the av-
erage length of civil-law court
trials has been continually
shortening and some indi-
vidual courts have above-av-
erage performances. At the
same time, there are courts
which have been exceeding
the average court delay by a
multiple of two. Some of the
courts with extreme procras-
tination are those in Bratis-
lava, Košice and other large
cities, which mostly have key
importance for the foreign
business community, since
companies have their firms
registered there. Thus the
over-performing courts can
hardly change the perception
that substantial court procras-
tination exists in Slovakia.
Minister Žitňanská is leading reform of the judiciary.
TSS: Over the past couple of
years foreign diplomats
started visiting some of the
judicial disciplinary pro-
ceedings. How did you view
the presence of diplomats
in the court rooms?
LŽ: Disciplinary proceed-
ings are justified if some
judges are not fulfilling their
duties, but the principles of
application must be clearly
defined. Disciplinary pro-
ceedings should not be used
selectively: applied by the
court chairman or minister
in certain cases, while omit-
ted in others. The main prob-
lem of past proceedings was
that they were applied select-
ively and thus evoked con-
cerns that such proceedings
might be used as a tool of in-
ternal corruption or a process
by which the judiciary could
be taken over by the justice
minister or, unfortunately,
even the Judicial Council.
Thus diplomats and also the
third sector used the legitim-
ate tool of public access to
these proceedings and went
there as huge exclamation
marks to observe these pro-
ceedings and played a crucial
role in supporting the demo-
cratic and independent func-
tioning of the judiciary. The
public is a very strong tool.
This is why I am interested in
recording court proceedings
because a judge understand-
ably behaves in a different
way when the public is sit-
ting in the courtroom.
TSS: How do you want to
eliminate the easy switch
from positions of political
power to the judiciary, and
vice-versa?
LŽ: We [the ministry]
have managed to limit the
possibility for a politician to
become, overnight, the chair
of a court. We haven’t found
support for banning former
politicians completely from
acting as judges for a certain
time. I would have liked that.
People should not be able to
switch back and forth
between being politicians
and then judges again be-
cause these switches have
consequences for how the
BUSINESS FOCUS
public views them. Even
today, if I sometimes object
to some judges this is because
I do not view these judges
apolitically, as being com-
pletely free of links to certain
political parties.
TSS: You have said that in
order to increase public
confidence in the judiciary
it will also be necessary to
shine more light on the
prosecution process. How
do you plan to do this?
LŽ: We are proposing the
same principles for the judi-
ciary as well: publishing de-
cisions, whenever the de-
cision of the prosecutor is fi-
nal. Prosecutors should be se-
lected in a transparent com-
petition while top prosec-
utors, regional or district
ones, should serve for limited
terms. The prosecution au-
thorities in Slovakia are still
like a small state within a
state. Interestingly, while
politicians and the public do
not fear the introduction of
transparency into the judi-
ciary, there are more con-
cerns when the same trans-
parency is applied to the pro-
secution authorities. Today
the only oversight happens
when the prosecutor [Office
of the General Prosecutor]
submits its report to parlia-
ment, or from time to time a
journalist sniffs something
out – but there is no real pub-
lic control over the work of
prosecutors.
TSS: Public procurement
has been one area fre-
quently criticised by trans-
parency watchdogs as well
as businesses. What are the
most fundamental changes
planned in this area?
LŽ: The revision to the
Public Procurement Act was
an MP’s bill. The motive for
the revision is [to create] the
largest possible scale of
transparency while remov-
ing all the excessively bur-
eaucratic obstacles from the
way of effective public pro-
curement. The Ministry of
Justice is working on a new
law on public procurement
and we would like to include
Photo: Sme - Gabriel Kuchta
in this legislation everything
that works well in practice.
Yet we see the actual process
preceding public procure-
ment as being problematic:
in this process it is the state
that actually decides whether
the state administration ac-
tually needs the procurement
and whether public funds are
being effectively used. We
want to prevent the possibil-
ity of tailoring public pro-
curement for the needs of one
particular entity, because the
greatest frauds are happen-
ing right at the beginning.
TSS: The draft revision to
the Penal Code introduces
criminal responsibility for
public officials in the case
of large damages caused by
negligence. When do you
plan to submit a draft law
which would introduce ma-
terial responsibility for
public officials?
LŽ: It is a sensitive issue
because material responsibil-
ity does not concern only
politicians in the govern-
ment but every single mayor
and regional head, thus af-
fecting a rather wide circle of
people. The key is to tune the
draft in a way so that on one
hand there is an adequate
measure of responsibility,
but on the other hand these
people do not become wor-
ried about making decisions.
Yet we are clinging to crim-
inal and material responsibil-
ity as though it can substitute
for a non-functioning politic-
al culture. In functioning
democracies certain things
should be about political re-
sponsibility, which means
that after certain missteps a
politician should be simply
prevented from returning to
the political stage. Here in
Slovakia this culture still does
not seem to work after 20
years. Now we are focusing
on criminal responsibility
and also a very tough revision
to the law on prosecution;
then we will be focusing on
measures to improve the
business environment, for
example more effective re-
straint proceedings. Every-
thing has its time.
Law firms face
some special rules
BY JANA LIPTÁKOVÁ
Spectator staff
WHILE law firms in Slovakia
do not see major differences
in the conditions under
which they operate com-
pared to other European
countries, it is still possible
to observe some variances,
for example in the rules that
apply to the advertising of
legal services. To get the
views of practising lawyers
about the conditions under
which they operate The
Slovak Spectator spoke to
Peter Kubovič, managing
partner of Hagyari, Kubovič
& Partners, Lucia Plaváková
from Ružička Csekes, Juraj
Gyarfáš and Martin Magál
from Allen & Overy Bratis-
lava, Ľubomír Leško, attor-
ney at law at Peterka & Part-
ners, and attorney Vladimír
Kordoš from Sovova
Chudáčková & Partner.
The Slovak Spectator: Do
conditions for the opera-
tion of law firms in Slov-
akia differ from those that
apply abroad? If so, could
you specify how?
Peter Kubovič: Condi-
tions for the operation of law
firms differ not only when
comparing Slovakia with
abroad but also when com-
paring it with individual
foreign countries. In terms
of the environment for oper-
ation of law offices it is pos-
sible to identify two basic
approaches – liberal and con-
servative (traditional),
whose application or dom-
inance fundamentally af-
fects the framework for ren-
dering legal services. Be-
cause in Slovakia the con-
servative approach to legal
services tends to dominate,
the conditions for operation
of law firms are formed
along these lines. Their
characteristic feature is
greater emphasis on the
distinctiveness of legal ser-
vices, and based on this also
limitation of the use of
some normal market tools,
for example advertising
(marketing), competition in
prices, specialisation, etc.
An opposite, liberal, ap-
proach, which is typical es-
pecially in the Anglo-Saxon
legal environment, is based
on the premise that legal
services are services like
any others, or that law
firms are firms like any oth-
ers, while of course still re-
cognising their necessarily
distinctive features.
As a consequence, legal
firms in those countries are
less constrained and are giv-
en greater space to use nor-
mal market behaviour like
advertising, price competi-
tion, highlighting of special-
isation, and so on. It would
be appropriate if Slovak le-
gislation were also to con-
sider such approaches more,
i.e. if conditions for the op-
eration of law firms were to
be liberalised. In this direc-
tion it is possible to consider
the ‘generational’ change in
the leadership of the Slovak
Bar Association that took
place last year as a positive
and promising signal.
Lucia Plaváková: The
conditions for the operation
of law firms in Slovakia do
not significantly differ from
those set in other European
countries; however, there
are some differences. Usu-
ally, several principles are
applied in relation to which
there exist some singularit-
ies between different
European countries. These
emerge from the essential
conditions for operation of
law firms in Slovakia when
compared to other European
countries: method/form of
advocacy practice; capital
participation or personal
participation; and limitation
of competitive practices.
With regards to the
method/form of advocacy
practice, in accordance with
Slovak law an advocate may
practice advocacy as a self-
employed person, in associ-
ation with other lawyers, or
as a partner in a general
partnership, limited part-
nership or limited liability
company. In addition to spe-
cific differences in the gen-
eral company law regula-
tions there are no funda-
mentally significant differ-
ences between individual
European countries. It can
be generally concluded that
the standard methods/forms
of advocacy practice include
the option to act individually
as a self-employed person, in
association with other ad-
vocates, and the possibility
of advocacy practice via a
company (e.g. in Poland civil
partnership (spółka jawna),
registered partnership
(spółka cywilna), profes-
sional partnership (spółka
partnerska) and limited
partnership (spółka ko-
mandytowa); or in the Neth-
erlands a public or private
limited liability company
(naamloze vennootschap or
besloten vennootschap), a
foundation (praktijksticht-
ing) or a co-operative society
(praktijkcoöperatie)).
However, it has to be noted
that advocates cannot work
as employees, as is the case
in some jurisdictions such as
the UK or Czech Republic.
Capital or personal parti-
cipation in a law firm is, ac-
cording to Slovak law, re-
stricted exclusively to ad-
vocates, i.e. only advocates
may create a company with
its scope of business limited
to providing legal services in
order to practise advocacy.
Moreover, partners and
statutory bodies of Slovak
law firms may likewise only
be advocates.
See FIRM pg 13

SURVEY: Slovakia enacted certain 'breakthrough' laws
Continued from pg 6
Out of other important le-
gislative changes it is possible
to mention those which are, in
a certain way, of a aims to further increase com-
‘breakthrough’ character as
they have brought into Slovak
legislation new – even though
these are common abroad – leg-
al institutions. These are, for
example, criminal liability of
legal entities (in cases of their
participation in organised
crime) which was implemen-
ted into the Criminal Code, or
the legal institution of joint
custody of parents for children
in cases of divorce which was
added to the Family Act.
Ján Azud: We consider this
to be the Amendment to the Act
on Public Procurement and
mandatory publication of pub-
lic contracts.
The main objective of
amendments to the Act on Pub-
lic Procurement adopted in
2010 and earlier this year was
to increase transparency and
make sure that public funds are
spent in the most efficient
way. The law has been changed
seven times since 2009. In
2010, the most important
amendments introduced an ob-
ligation to publish tender
committee members' names
and a right of a public authority
to request bidders to identify
all their shareholders.
A tendency towards more
transparency in public pro-
slnhsê}pl~
j‹„‘Šˆ–ꌑꆒ“ˆ‘–„—Œ’‘ꘑ‡ˆ•êz’™„ŽŒ„Ø–ê
Œ‘™ˆ–—ˆ‘—ên˜„•„‘—ˆˆêm˜‘‡ê
l‰‰ˆ†—Œ™ˆêkˆ†ˆ…ˆ•ê£ª±ê¢ª¡ª±ê
—‹ˆê z’™„Žê yˆ“˜…Œ†ê Œ‘—•’‡˜†ˆ‡ê
–ŒŠ‘Œ‰Œ†„‘—ê †‹„‘Šˆ–ê Œ‘ê —‹ˆê „šê
’‘ê †’“ˆ‘–„—Œ’‘ê ˜‘‡ˆ•ê —‹ˆê Œ‘¾
™ˆ–—ˆ‘—ê n˜„•„‘—ˆˆê m˜‘‡ê ‰’•ê
„––ˆ—–ê ’‰ê †Œˆ‘—–ê —‹„—ê ‹„™ˆê …ˆˆ‘ê
ˆ‘—•˜–—ˆ‡ê —’ê –ˆ†˜•Œ—Œˆ–ê —•„‡ˆ•–ê
‰’•êŒ‘™ˆ–—ˆ‘—ꌑꗋˆêˆ™ˆ‘—ê—‹„—ê
„ê –ˆ†˜•Œ—Œˆ–ê —•„‡ˆ•ê …ˆ†’ˆ–êê
Œ‘–’™ˆ‘—­êê{‹ˆên˜„•„‘—ˆˆêm˜‘‡ê
Œ–ê „ê ˆŠ„ê ˆ‘—Œ—œê ˆ–—„…Œ–‹ˆ‡ê …œê
z’™„ŽŒ„Ø–êzˆ†˜•Œ—Œˆ–êh†—ê—’ê“’’ê
’‘ˆ—„•œê †’‘—•Œ…˜—Œ’‘–ê ‰•’ê
–ˆ†˜•Œ—Œˆ–ê —•„‡ˆ•–ê —’ê “•’™Œ‡ˆê
†’“ˆ‘–„—Œ’‘ê ‰’•ê †Œˆ‘—–Øê „––ˆ—–ê
‹ˆ‡ê…œê„ê–ˆ†˜•Œ—Œˆ–ê—•„‡ˆ•êŒ‘ê—‹ˆê
ˆ™ˆ‘—ê —‹ˆê †Œˆ‘—–Øê „––ˆ—–ê †„–‹ê
’•ê ’—‹ˆ•ê ‰Œ‘„‘†Œ„ê Œ‘–—•˜ˆ‘—–Ãêê
…ˆ†’ˆê˜‘„™„Œ„…ˆ­êê
{‹ˆê ‘ˆšê „šê Âh†—ê ¥ª¥½¢ª¡ªê
j’­Ãꄐˆ‘‡–®êŒÃꗋˆê†’‘‡Œ—Œ’‘–ê
š‹Œ†‹ê ˜–—ê …ˆê ‰˜‰Œˆ‡ê Œ‘ê ’•‡ˆ•ê
‰’•ê„ꆏŒˆ‘—Ø–ê„––ˆ—–ꗒꅈꇈˆˆ‡ê
˜‘„™„Œ„…ˆê„ŽŒ‘Šê—‹’–ˆê†’‘‡Œ¾
—Œ’‘–ꐒ•ˆê†˜…ˆ•–’ˆê„‘‡ê‡Œ‰¾
‰Œ†˜—ꉒ•ê—‹ˆê†Œˆ‘—ꗒꐈˆ—òꄑ‡ê
ŒŒÃꄇ’“—Œ‘Šê„ꐄ›Œ˜ê„’˜‘—ê
’‰ê †’“ˆ‘–„—Œ’‘ê —’ê …ˆê “•’™Œ‡ˆ‡ê
…œê—‹ˆên˜„•„‘—ˆˆêm˜‘‡ê„ꏌŒ—ê’‰ê
€¥ª±ªªªê“ˆ•ê†Œˆ‘—ꕈ“„†ˆ‡ê„ê“•ˆ¾
™Œ’˜–œê˜‘†„““ˆ‡êŒŒ—íê
{‹ˆ•ˆê „•ˆê —š’ê –Œ—˜„—Œ’‘–ê —‹„—ê
ˆ–—„…Œ–‹ê—‹„—ê„ꆏŒˆ‘—Ø–ê„––ˆ—–ê„•ˆê
˜‘„™„Œ„…ˆê„‘‡ê—•ŒŠŠˆ•ê—‹ˆê‡˜—œê
’‰ê—‹ˆên˜„•„‘—ˆˆêm˜‘‡ê—’ê“•’™Œ‡ˆê
†’“ˆ‘–„—Œ’‘­ê
{‹ˆê ‰Œ•–—ê ’‘ˆ±ê š‹Œ†‹ê š„–ê ˜‘¾
†‹„‘Šˆ‡ê…œê—‹ˆê‘ˆšê„š±êŒ–êš‹ˆ‘ê
„ê –ˆ†˜•Œ—Œˆ–ê —•„‡ˆ•ê Œ–ê ‡ˆ†„•ˆ‡ê
Œ‘–’™ˆ‘—ꌑ†„“„…ˆê’‰ê‰˜‰ŒŒ‘Šê
’…ŒŠ„—Œ’‘–ê—’š„•‡êŒ—–ꆏŒˆ‘—–Ãꅜê
curement peaked early this year
when an amendment to the
Public Procurement Act was
passed into law with effect from
April 1, 2011. This amendment
petition and improve the busi-
ness environment by introdu-
cing certain mechanisms be-
lieved to prevent manipulation
of tenders. It is expected that it
will make public procurement
more attractive to a higher
number of entrepreneurs,
which will lead to lower prices
for the public sector.
The recent amendment in-
troduced several changes with
potentially big impact on the
process of procurement and on
investors interested in making
business with the public sector
in Slovakia. Thresholds trigger-
ing various forms of procure-
ment were significantly
lowered to make more contract
awards subject to more strin-
gent conditions. The so-called
non-priority services with
lower transparency standards
were totally abandoned. Fre-
quent disqualification of bid-
ders during a prequalification
stage based on formalities
should be addressed by intro-
duction of an obligation by pub-
lic authorities to ask for an ex-
planation or submission of ad-
ditional documents when suit-
ability cannot be confirmed
based on initial documents.
Short listing in restricted pro-
cedure may only be done based
q|k•­êk„‘Œˆên•ŒŠˆE±êzˆ‘Œ’•êh––’†Œ„—ˆê±ê
m|{lqêÆêw„•—‘ˆ•–±ê–­•­’­ê
—‹ˆê u„—Œ’‘„ê i„‘Žê ’‰ê z’™„ŽŒ„ê
Âuizíê{‹ˆêuizꐄœê—„Žˆê–˜†‹ê
„ê ‡ˆ†Œ–Œ’‘ê ˆŒ—‹ˆ•ê „—ê —‹ˆê –˜ŠŠˆ–¾
—Œ’‘ꒉꗋˆê–ˆ†˜•Œ—Œˆ–ê—•„‡ˆ•êŒ—–ˆ‰ê
’•ê uizê „œê ‡ˆ†„•ˆê —‹ˆê —•„‡ˆ•ê
Œ‘–’™ˆ‘—ê ‡˜ˆê —’ê Œ—–ê “ˆ•–Œ–—ˆ‘—ê
„†Žê’‰êŒ”˜Œ‡Œ—œê’•êŒ‰ê„ê—ˆ“’•„¾
•œê „†Žê ’‰ê Œ”˜Œ‡Œ—œê “•’™ˆ–ê —’ê …ˆê
Œ••ˆ–’™„…ˆ­ê hê ‡ˆ†Œ–Œ’‘ê …œê —‹ˆê
uizê —’ê ‡ˆ†„•ˆê „ê —•„‡ˆ•ê Œ‘–’¾
™ˆ‘—ꌖꏈŠ„œê†’‘—•’™ˆ•–Œ„ê–Œ‘†ˆêê
Œ—ê Œ–ê ‘’—ê –˜…ˆ†—ê —’ê —‹ˆê Šˆ‘ˆ•„ê
•ˆŠ˜„—Œ’‘–ꆒ™ˆ•Œ‘Šê„‡Œ‘Œ–—•„¾
—Œ™ˆê “•’†ˆˆ‡Œ‘Š–±ê ˜‡Œ†Œ„ê •ˆŒˆ‰ê
†„‘‘’—ê …ˆê –’˜Š‹—ê „Š„Œ‘–—ê –˜†‹êê
„ꇈ†Œ–Œ’‘±ê„‘‡ê—‹ˆêuiz³ê‡ˆ†Œ–Œ’‘ê
Œ—–ˆ‰ê †„‘‘’—ê …ˆê ˆ›„Œ‘ˆ‡ê …œê „ê
†’˜•—ꒉꏄš­ê
{‹ˆê–ˆ†’‘‡ê–Œ—˜„—Œ’‘ꌑꚋŒ†‹ê
†Œˆ‘—–Øê „––ˆ—–ê „•ˆê ˜‘„™„Œ„…ˆê Œ–ê
š‹ˆ‘ê„ꆒ˜•—ꒉꏄšê“•’‹Œ…Œ—–ê„ê
–ˆ†˜•Œ—œê—•„‡ˆ•ê‰•’ê‡Œ–“’–Œ‘Šê’‰ê
†Œˆ‘—–Øꄖ–ˆ—–­êêl™ˆ‘ê—‹’˜Š‹ê—‹ˆê
BUSINESS FOCUS
on conditions which are justi-
fied in writing in a contract no-
tice. The minimum number of
participants in a restricted pro-
cedure set out by a public au-
thority was increased from five
to 10. The amendment reintro-
duced the right of the Public
Procurement Office to chal-
lenge contracts awarded in vi-
olation of procurement rules.
Moreover, this right was vested
with any prosecutor with a one-
year statute of limitation. Last
but not least, an important
change with significant impact
on foreign investors was intro-
duced with respect to private
entities receiving public funds.
Any private business such as an
investor receiving investment
aid from the state to buy tech-
nology or carry out construc-
tion work for a new plant in
Slovakia will have to comply
with procurement rules and act
as a contracting entity.
The Slovak government's
ambitions to tackle problems
associated with public pro-
curement are apparently not
fully satisfied with the recent
amendments and the Ministry
of Justice is preparing a com-
pletely new public procurement
act to be advanced later this
year or early next year.
With regards to mandatory
publication of public contracts,
parliament adopted an
amendment to the Civil Code ef-
fective from January 1, 2011. It
introduces mandatory publica-
q|k•­êk„‘Œˆêm˜—ˆ±êw‹k­±êss­t­±êw„•—‘ˆ•±êêê
m|{lqêÆêw„•—‘ˆ•–±ê–­•­’­ê
ˆŠŒ–„—Œ’‘ê“•Œ’•ê—’êkˆ†ˆ…ˆ•ê£ª±ê
¢ª¡ªê‡Œ‡ê‘’—ꈖ—„…Œ–‹êš‹„—ê–“ˆ†Œ¾
‰Œ†êŽŒ‘‡ê’‰ê‡ˆ†Œ–Œ’‘êš„–ꌑ™’™ˆ‡±ê
Œ—ꆒ˜‡ê‹„™ˆê…ˆˆ‘ê„•Š˜ˆ‡ê—‹„—ê„ê
†’˜•—ꇈ†Œ–Œ’‘±êŒ‘†˜‡Œ‘Šê„ê—ˆ¾
“’•„•œê †’˜•—ê Œ‘˜‘†—Œ’‘±ê †’˜‡ê
–˜…–—Œ—˜—ˆê ‰’•ê „ê ‡ˆ†Œ–Œ’‘ê …œê —‹ˆê
uiz­ê{‹Œ–ê“•’™Œ‡ˆ‡ê™ˆ•œê†•˜†Œ„ê
“•’—ˆ†—Œ’‘ê —’ê †Œˆ‘—–ê Œ‰ê —‹ˆê uizê
‡ˆ„œˆ‡ê—„ŽŒ‘Šê„ꇈ†Œ–Œ’‘ꈌ—‹ˆ•ê
“˜•“’–ˆ‰˜œê ’•ê ‰’•ê –’ˆê ’—‹ˆ•ê
•ˆ„–’‘–ê Œ—–ê ‡ˆ†Œ–Œ’‘ê —’ê ‡ˆ†„•ˆê
„ê—•„‡ˆ•êŒ‘–’™ˆ‘—êš„–ꇈ„œˆ‡­ê
h†—ê ¥ª¥½¢ª¡ªê „ˆ‘‡ˆ‡ê —‹Œ–ê
tion of contracts awarded by
public authorities, including
state-owned companies. Trans-
parency and more efficient
spending were key drivers of
this piece of legislation. De-
pending on the public authority
in question, contracts are pub-
lished on a central online re-
gister or on the respective pub-
lic authority website. This law
has a significant impact on the
process of entering into public
contracts, as any agreement in-
volving state funds or disposal
of state property cannot become
effective until published in a
prescribed way, plus one day.
Vladimír Kordoš (VK): We
see several significant laws ad-
opted in Slovakia in 2010. These
are the revision to the Civil Code
(Act No. 40/1964 Coll.) and the
Act on Free Access to Informa-
tion (Act No. 211/2000 Coll.)
which introduced the duty to
publish contracts made with
‘the state’. Another important
piece of legislation is the revi-
sion to Act No. 40/1993 Coll. on
State Citizenship of the Slovak
Republic, whose aim was to in-
troduce another way to lose
state citizenship into the Slovak
legislation. According to the
current wording, a citizen of the
Slovak Republic loses Slovak cit-
izenship, ex lege, as a con-
sequence of obtaining citizen-
ship in another state.
We consider as important
also the new Act No. 136/2010
Coll. on services in the intern-
“•’™Œ–Œ’‘ê ˆ‰‰ˆ†—Œ™ˆê kˆ†ˆ…ˆ•ê
£ª±ê¢ª¡ªê–’ê—‹„—ê–˜†‹ê„ꇈ†Œ–Œ’‘ê
˜–—ê …ˆê Œ––˜ˆ‡ê ˆ›†˜–Œ™ˆœê …œêê
„ê…„‘Ž•˜“—†œê†’˜•—ꘑ‡ˆ•ê…„‘Ž¾
•˜“—†œê“•’†ˆˆ‡Œ‘Š–­ê
h†—ꥪ¥½¢ª¡ªê„–’ꌑ—•’‡˜†ˆ‡ê
„ê ‘ˆšê •˜ˆê ˆ‰‰ˆ†—Œ™ˆê kˆ†ˆ…ˆ•ê
£ª±ê ¢ª¡ªê —‹„—ê —‹ˆê n˜„•„‘—ˆˆê
m˜‘‡ê “•’™Œ‡ˆ–ê †’“ˆ‘–„—Œ’‘ê Œ‘ê
—‹ˆê„’˜‘—ê’‰ê„ꆏŒˆ‘—ؖꘑ„™„Œ¾
„…ˆê„––ˆ—–ê…˜—ê‘’šêŒŒ—–ê„ê–Œ‘Šˆêê
†Œˆ‘—ꗒꐄ›Œ˜ê†’“ˆ‘–„—Œ’‘ê
’‰ê €¥ª±ªªª­êêw•ˆ™Œ’˜–œê—‹ˆên˜„¾
•„‘—ˆˆêm˜‘‡êš„–ê’…ŒŠˆ‡ê—’ê“•’™Œ¾
‡ˆê¡ªªê“ˆ•†ˆ‘—ꆒ“ˆ‘–„—Œ’‘ê’‰ê
—‹ˆê˜‘„™„Œ„…ˆê„––ˆ—–ê—’ê„ê–Œ‘Šˆê
†Œˆ‘—ê ’•ê —’ê „‘’—‹ˆ•ê „˜—‹’•Œˆ‡ê
“„•—œ±êŒ‘†˜‡Œ‘ŠêŒ‘—ˆ•ˆ–—­ê
{‹Œ–ê –ŒŠ‘Œ‰Œ†„‘—ê •ˆ‡˜†—Œ’‘ê Œ‘ê
†’“ˆ‘–„—Œ’‘ê Œ–ê „–’ê „––’†Œ„—ˆ‡ê
šŒ—‹ê Œ––˜ˆ–ê ’‰ê Œ‘—ˆ•“•ˆ—Œ‘Šê ‹’šê
—’ê “•’†ˆˆ‡ê š‹ˆ‘ê „‘ê ˆ‘—Œ—œê ‹„•¾
ˆ‡ê …œê —‹ˆê „†—Œ’‘–ê ’‰ê „ê –ˆ†˜•Œ¾
al market, with the objective
to liberalise services and re-
move inadequate, ungroun-
ded, and discriminatory
obstacles to the provision of
services. The act is based on
Directive 2006/123/EC on ser-
vices in the internal market.
Another piece of legislation
we would mention is the
amendment to the Criminal
Code enabling criminal pro-
secution of legal entities,
which parliament passed on
April 27, 2010, after more than
10 years of discussion and sev-
eral attempts by the legis-
lature. It was mainly motiv-
ated by Slovakia’s internation-
al and European obligations.
The possibility to prosecute a
legal entity is currently estab-
lished in principle in most
European countries, while its
definitions vary from one
country to another. Differ-
ences are to be found especially
with respect to the conditions
for criminal liability, which
also include criminally-relev-
ant conduct of a legal entity.
Act No. 140/2010 Coll. on Un-
fair Terms in Commercial Rela-
tions between Customers and
Suppliers of Goods, effective on
May 1, 2010, is another signific-
ant, recently-adopted piece of
legislation. It aims mainly to
prevent chains of stores from
abusing their dominant posi-
tion towards suppliers.
TSS: Which of these laws are
—Œˆ–ê —•„‡ˆ•ê ‹„–ê ‘˜ˆ•’˜–ê ’—‹ˆ•ê
–ˆ†’‘‡„•œê Œ‘™ˆ–—’•–ê ˜‘‡ˆ•ê Œ—–ê
˜…•ˆ„­êê
h‘ꌑ™ˆ–—ˆ‘—ê–„™Œ‘Š–ꆒ’“ˆ¾
•„—Œ™ˆê†„‘ꅈꘖˆ‡ê„–ꄑꈛ„“ˆê
Àꗋˆê†’’“ˆ•„—Œ™ˆê‹„–ꄑꌑ™ˆ–—¾
ˆ‘—ê “•’–“ˆ†—˜–ê „““•’™ˆ‡ê …œê
—‹ˆê uizê “˜•–˜„‘—ê —’ê š‹Œ†‹ê —‹ˆê
†’’“ˆ•„—Œ™ˆê „œ±ê Œ‘ê „††’•‡„‘¾
†ˆê šŒ—‹ê —‹ˆê –ˆ†˜•Œ—Œˆ–ê „†—±ê “’’ê
’‘ˆœê ‰•’ê —‹ˆê “˜…Œ†ê ‰’•ê —‹ˆê
“˜•“’–ˆê ’‰ê †’‘‡˜†—Œ‘Šê …˜–Œ‘ˆ––ê
’•ê’—‹ˆ•êŠ„Œ‘‰˜ê„†—Œ™Œ—œê…˜—ꐄœê
‘’—ê Œ‘™ˆ–—ê Œ‘ê —‹ˆê „•Žˆ—ê ’—‹ˆ•ê
—‹„‘ê—‹•’˜Š‹ê„ê–ˆ†˜•Œ—Œˆ–ê—•„‡ˆ•ê
ˆ­Š­ê „‘ê „Š•ˆˆˆ‘—ê —’ê ˆ–—„…Œ–‹ê
„ê“’•—‰’Œ’íêêp‰ê„ê–ˆ†˜•Œ—Œˆ–ê—•„‡ˆ•ê
‹„•–ê „ê †’’“ˆ•„—Œ™ˆê •ˆ“•ˆ–ˆ‘¾
—Œ‘Šê £±ªªªê ˆ…ˆ•–ê “„•—Œ†Œ¾
“„‘—–Ãê Œ‘ê š‹Œ†‹ê —‹ˆê ˆ…ˆ•–ê
‹„™ˆê „‡ˆê —‹ˆŒ•ê ˆ…ˆ•–‹Œ“ê
†’‘—•Œ…˜—Œ’‘ê„‘‡ê—‹ˆê†’’“ˆ•„—Œ™ˆê
ˆ‘—•˜–—–ê—‹ˆŒ•ê’‘ˆœê—’ê„ê–ˆ†˜•Œ¾
—Œˆ–ê—•„‡ˆ•±ê„ꏌ—ˆ•„êŒ‘—ˆ•“•ˆ—„—Œ’‘ê
’‰ê—‹Œ–ê“•’™Œ–Œ’‘ꒉꗋˆê„šê„œê
ˆ„‡ê—’ê—‹ˆê„…–˜•‡êˆŠ„ê†’‘†˜¾
–Œ’‘ê—‹„—ꆒ“ˆ‘–„—Œ’‘ꉕ’ê—‹ˆê
n˜„•„‘—ˆˆêm˜‘‡ê‰’•ê˜‘„™„Œ„…ˆê
„––ˆ—–ê „œê …ˆê „™„Œ„…ˆê ’‘œê —’ê
—‹ˆê †’’“ˆ•„—Œ™ˆê Œ—–ˆ‰ê šŒ—‹ê „ê —’¾
—„ê ŒŒ—ê ’‰ê €¥ª±ªªªê •„—‹ˆ•ê —‹„‘ê
€¥ª±ªªªê—’ꈄ†‹êˆ…ˆ•ê’‰ê–˜†‹ê
„ꆒ’“ˆ•„—Œ™ˆ­ê
{‹ˆê ’–—ê –˜…–—„‘—Œ„ê ‡ˆ‰ˆ†—ê
Œ‘êh†—ꥪ¥½¢ª¡ªêŒ–ê—‹„—ê…ˆ†„˜–ˆê
Œ—ê „†Ž–ê —•„‘–Œ—Œ’‘„ê “•’™Œ–Œ’‘–ê
Œ—ꉄŒ–ꗒꄇ‡•ˆ––ê—‹ˆêŒ––˜ˆê’‰êˆ¾
Š„ê Š’™ˆ•‘„‘†ˆê ’‰ê •ˆ„—Œ’‘–‹Œ“–ê
šŒ—‹ê „‘‡ê †„Œ–ê „Š„Œ‘–—ê —‹ˆê
n˜„•„‘—ˆˆê m˜‘‡ê —‹„—ê šˆ•ˆê †•ˆ¾
„—ˆ‡ê …ˆ‰’•ˆê kˆ†ˆ…ˆ•ê £ª±ê ¢ª¡ªê
April 11 – 17, 2011 9
having, or will have, the
biggest impact on Slovak so-
ciety in future years?
JG and MM: When assess-
ing impacts on Slovakia’s soci-
ety in future years we expect
that the Act on Services in the
Internal Market will impact the
country’s economy the most.
VK: We consider these to be
the amendment to the Civil
Code (Act No. 40/1964 Coll.) and
the Act on Free Access to In-
formation (Act No. 211/2000
Coll.) which introduced regula-
tions for more transparent and
economical handling of public
assets and funds in the form of
a duty to publish contracts
with ‘the state’. Its impact on
the economy will lay in the fact
that such contracts, which are
all contracts with the state or
state institutions, will be pub-
lic and terms will be more eas-
ily checked. This will con-
sequently affect creation of
prices as well as behaviour of
competition, which will have
information about prices and
other contractual terms. Sim-
ultaneously, since the price
for goods or services provided
to the state will be known
publicly, this may affect also
the price for goods or services
in differing markets other
than those in which the state
or a state institution is the
procurer.
To read the whole survey,
please go to www.spectator.sk
Œ­ˆ­ê †’“ˆ‘–„—Œ’‘ê ’‰ê ¡ªªÜê ’‰ê
˜‘„™„Œ„…ˆê „––ˆ—–ê “•Œ’•ê —’ê kˆ¾
†ˆ…ˆ•ê £ª±ê ¢ª¡ªê „–ê ’““’–ˆ‡ê —’ê
†’“ˆ‘–„—Œ’‘ꒉꑒ—ꐒ•ˆê—‹„‘ê
€¥ª±ªªªê„‰—ˆ•ê—‹„—ꇄ—ˆÃ­êêê{‹˜–±ê
“„•Œ„ˆ‘—ê‹„–ꆕˆ„—ˆ‡ê„ꆒ‘–—Œ¾
—˜—Œ’‘„ê“•’…ˆê’‰ê•ˆ—•’„†—Œ™Œ—œê
’‰ê —‹ˆê ‘ˆšê „šê ‰’•ê †’˜•—–ê —‹„—ê
„•ˆê‡ˆ†Œ‡Œ‘Šê„ꇌ–“˜—ˆêŒ‘ꆄ–ˆ–ê’‰ê
†Œˆ‘—–ê š‹’–ˆê •ŒŠ‹—ê —’ê †’“ˆ‘¾
–„—Œ’‘ꉕ’ê—‹ˆên˜„•„‘—ˆˆêm˜‘‡ê
’††˜••ˆ‡ê “•Œ’•ê —’ê —‹ˆê ˆ‰‰ˆ†—Œ™ˆê
‡„—ˆê’‰êh†—ꥪ¥½¢ª¡ª­ê
{‹ˆê†‹„‘Šˆ–ꌑꆒ“ˆ‘–„—Œ’‘ê
“•’™Œ‡ˆ‡ê ‰•’ê —‹ˆê Œ‘™ˆ–—ˆ‘—ê
n˜„•„‘—ˆˆê m˜‘‡ê ˜‘‡ˆ•ê h†—ê
¥ª¥½¢ª¡ªê‰’•ê†Œˆ‘—–ê‹„•ˆ‡ê…œê
–ˆ†˜•Œ—Œˆ–ê—•„‡ˆ•–Ꙍ’„—ˆê–ˆ™ˆ•„ê
†’‘–—Œ—˜—Œ’‘„ê“•Œ‘†Œ“ˆ–±ê‘’—ê—‹ˆê
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’‰ê•˜ˆê’‰ê„šê„‘‡ê—‹ˆê“•Œ‘†Œ“ˆ–ê
’‰ê ˆŠ„ê †ˆ•—„Œ‘—œ­ê p—ê Œ–ê ‹ŒŠ‹œêê
ŒŽˆœê—‹„—ꌑꗋˆê‘ˆ„•ê‰˜—˜•ˆê—‹ˆê
z’™„Žê yˆ“˜…Œ†ê šŒê ‹„™ˆê —’êê
ˆ›“„Œ‘ê—‹ˆêš’•ŽŒ‘Š–ꒉꌗ–ên˜„¾
•„‘—ˆˆê m˜‘‡ê „‘‡ê †’“ˆ‘–„—Œ’‘ê
‰’•êŒ‘™ˆ–—’•–ê‘’—ê’‘œê—’ê—‹ˆê†’˜•—ê
Œ‘ê z—•„–…’˜•Šê …˜—ê „–’ê —’ê —‹ˆê
†’˜•—ꌑês˜›ˆ…’˜•Š­ê
h˜—‹’•–®
q|k•­êk„‘Œˆêm˜—ˆ±êw‹k­±êss­t­±êê
w„•—‘ˆ•±êêm|{lqêÆêw„•—‘ˆ•–±ê–­•­’­
q|k•­êk„‘Œˆên•ŒŠˆEê±êh––’†Œ„—ˆ±êê
m|{lqêÆêw„•—‘ˆ•–±ê–­•­’­ê
{‹Œ–ê„•—Œ†ˆêŒ–ꒉꄑꌑ‰’•„—Œ™ˆê
‘„—˜•ˆê’‘œ­êm’•ê’•ˆêŒ‘‰’•„—Œ’‘ê
“ˆ„–ˆê†’‘—„†—ê’˜•ês„šêv‰‰Œ†ˆ®
m|{lqêÆêw„•—‘ˆ•–±ê–­•­’­
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10 April 11 – 17, 2011 BUSINESS FOCUS

'Development is on the right track'

BY JANA LIPTÁKOVÁ
Spectator staff
THE MAIN organisation representing
American, but also international and
local business interests in Slovakia –
the American Chamber of Commerce
in Slovakia, or AmCham – says public
procurement and the judicial system
are key areas requiring serious reform
in Slovakia. While AmCham says it ac-
knowledges the efforts made so far by
the Slovak government to improve the
country’s business environment, and
says it is actively helping with those
reforms, it adds that several other
areas must be addressed. AmCham
also says that corruption is continuing
to harm Slovakia’s image and ward off
potential investors.
The Slovak Spectator spoke to Jake
Slegers, executive director of
AmCham, about business conditions
in Slovakia, and about AmCham’s pos-
ition on public procurement reform
and the ongoing effort to revise the
Labour Code.
The Slovak Spectator (TSS): What do
you see as the main legislative bar-
riers, from the point of view of for-
eign investors, to doing business in
Slovakia?
Jake Slegers (JS): Firstly it’s im-
portant to present the positive eco-
nomic performance of Slovakia, the
government’s efforts to improve
business conditions and the country’s
openness towards new investments.
slnhsê}pl~
However, we want to encourage
the government to take further action
on the judiciary and corruption issues
and AmCham is offering its assistance
in any way possible to achieve this.
TSS: AmCham has been calling for a
more intensive approach to reduce
corruption. What measures would
help such efforts?
JS: Firstly it is necessary to say
that corruption seriously hurts
Slovakia’s image and its ability to at-
tract investments.
According to the AmCham SMEs
survey 2010, while most of the parti-
cipating small and medium-sized
firms were reasonably happy with the
Jake Slegers Photo: AmCham tax level or business registration pro-
cesses, they did not trust the Slovak
But with regards to the business legal system and found the current le-
environment we see changes in areas gislative environment unstable. Re-
like labour legislation, public pro- spondents indicated that they would
curement legislation, reform of the also welcome it if the level of contribu-
Slovak judiciary, and reduction of the tions to social and health insurance
acceptance of corruption as all being companies were lowered, inefficient
necessary. AmCham offers expertise processes in the state administration
on cooperation in all these areas, and is were tackled, corruption was rooted
encouraged by steps taken by Slovak out and if they were to generally re-
ministries so far. ceive more support from the state, be it
financial, informational or moral. The
TSS: Has the government in your results of the survey show that busi-
opinion passed any legislative nesses frequently come across protrac-
changes that could potentially im- ted, confusing and non-transparent
prove the business environment? processes, hence AmCham is commit-
JS: With regards to measures taken ted to improving this state of affairs, in
by the government of Iveta Radičová, cooperation with the US Embassy.
we are encouraged by several steps so
far. It seems to us that development is TSS: The Justice Ministry is set to
on the right track with regards to pub- complete work on a new public
lic procurement and the Labour Code. procurement bill by June 30 and
has called on foreign chambers of
commerce to submit their com-
ments. What is the position of
AmCham on this issue?
JS: AmCham is actively involved
in the ongoing reform efforts in the
field of public procurement legisla-
tion, especially by means of its Public
Procurement Task Force. It met
Justice Minister Lucia Žitňanská in
October 2010, along with German and
Austrian chambers of commerce, and
again in February this year. The min-
istry and AmCham agreed on the in-
volvement of the task force in the
preparation of the new public pro-
curement act scheduled for 2011.
AmCham representatives have
now submitted their comments on
the working material prepared by the
Ministry of Justice, recommending
the following: clear definition of a
contracting authority so as to leave
no doubt as to whether specific entit-
ies fall into the category of contract-
ing entity or not (AmCham also be-
lieves it is desirable to prevent the
overlapping of various categories of
contracting authorities and contract-
ing entities); greater use of electronic
processes and electronic communica-
tion in public procurement to in-
crease the efficiency of public pro-
curement by reducing the costs for
both contracting authorities and bid-
ders; an increase in the objectiveness
of the pre-qualification stage in pub-
lic procurement, although to a cer-
tain extent this recommendation has
already been reflected in a recent leg-
al amendment; more flexible criteria
for evaluation of bids, so that the
price is not automatically the most
important criterion; an increase in
the search functionalities of the data-
base of methodological guidelines
and decisions of the Office for Public
Procurement; strengthened supervi-
sion over increases in the tendered
price after the completion of the pub-
lic procurement process, e.g. by
means of amendments (the recent
amendment also dealt with this, al-
though the government has indic-
ated that it may want to take a stricter
approach); and improved opportun-
ity for bidders to submit explanations
to the submitted bid, so that the bid-
der has an opportunity to correct
minor mistakes in the submitted bid
and avoid disqualification (although,
again, the recent amendment has
already dealt with this).
TSS: The government aspires to re-
vamp the Labour Code as well as the
income and payroll tax system.
What fundamental points do you
think should be observed during
this process?
JS: We want to see the govern-
ment display a clear intention to do
the following: balance the relation-
ship between employers and employ-
ees; create a more flexible labour en-
vironment when it comes to hiring
and termination of employment; cre-
ate more space for participants to
regulate their mutual relationships;
and regulate the powers of trade uni-
ons only with respect to issues within
their responsibility.

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–ˆ•Œ’˜–ê ‰Œ‘„‘†Œ„ê “ˆ‘„—Œˆ–ê
—‹•ˆ„—ˆ‘Œ‘Šêz’™„ŽŒ„­ê
|‘‡ˆ•ê—‹ˆêˆ›Œ–—Œ‘Šê–œ–—ˆ±ê
Œ‰ê—‹ˆê…ˆ‘ˆ‰Œ†Œ„•œê‰„Œ–ê™’˜‘¾
—„•Œœê —’ê •ˆ—˜•‘ê ˜‘„š‰˜œê
Š•„‘—ˆ‡ê –—„—ˆê „Œ‡±ê ‰ŒŒ‘Šê „ê
†Œ™Œê„†—Œ’‘Ꚍ—‹ê—‹ˆê†’˜•—ꌖê
‘ˆ†ˆ––„•œê —’ê †„Œê „‘ê ’•‡ˆ•ê
‰’•ê •ˆ—˜•‘ê ’‰ê ˜‘„š‰˜ê –—„—ˆê
„Œ‡­ê {‹Œ–ê „œê •ˆ–˜—ê Œ‘ê “•’¾
†ˆ‡˜•„ê ‡ˆ„œ–ê „‘‡ê “’–—“’¾
‘ˆˆ‘—ꒉꄆ—˜„ê•ˆ†’™ˆ•œ­ê
{‹Œ–ê–Œ—˜„—Œ’‘ꏈ‡ê—’ꄇ’“¾
—Œ’‘ꒉꄑêhˆ‘‡ˆ‘—ê—’ê—‹ˆê
h†—ê ’‘ê z—„—ˆê hŒ‡ê „–ê šˆê „–ê
—‹ˆê h†—ê ’‘ê j’˜•—ê l‘‰’•†ˆ•–Ãê
’‘ê t„•†‹ê ¢£±ê ¢ª¡¡­ê {‹ˆê
hˆ‘‡ˆ‘—ê –˜ŠŠˆ–—–ê —‹„—ê „ê
j’Œ––Œ’‘ꇈ†Œ–Œ’‘ê–‹’˜‡ê
•ˆ“•ˆ–ˆ‘—ê „ê ‡Œ•ˆ†—ê ˆ‘‰’•†ˆ¾
ˆ‘—ê ’•‡ˆ•±ê ˜‘‡ˆ•ê š‹Œ†‹ê
˜‘„š‰˜ê –—„—ˆê „Œ‡ê šŒê …ˆê
ˆ‘‰’•†ˆ‡êŒ‘ꈛˆ†˜—Œ’‘ê“•’†ˆ¾
ˆ‡Œ‘Š–±êŒ­ˆ­ê‘’ê–ˆ“„•„—ˆê†Œ™Œê
“•’†ˆˆ‡Œ‘Š–ê„•ˆê•ˆ”˜Œ•ˆ‡ê’‘ê
—‹ˆê†„ŒêŒ—–ˆ‰­êp‰ê‘ˆ†ˆ––„•œ±ê
—‹ˆê ˆ‘‰’•†ˆˆ‘—ê ’•‡ˆ•ê šŒê
…ˆê –˜““ˆˆ‘—ˆ‡ê …œê „‘ê „‡¾
Œ‘Œ–—•„—Œ™ˆê ‡ˆ†Œ–Œ’‘ê …œê —‹ˆê
‘„—Œ’‘„ê„˜—‹’•Œ—œê–“ˆ†Œ‰œŒ‘Šê
—‹ˆê‰„†—–±êš‹Œ†‹ê‘ˆˆ‡ê‘’—ê…ˆê
Œ‘†˜‡ˆ‡êŒ‘ê—‹ˆêj’Œ––Œ’‘ê
‡ˆ†Œ–Œ’‘­ê h‘ê „‡Œ‘Œ–—•„—Œ™ˆê
‡ˆ†Œ–Œ’‘ê †„‘ê …ˆê •ˆ™Œˆšˆ‡ê
…œê „““œŒ‘Šê –—„‘‡„•‡ê “•’¾
†ˆ‡˜•ˆ–ê ˜‘‡ˆ•ê ‘„—Œ’‘„ê „šê
…˜—ê šŒ—‹’˜—ê “•ˆ˜‡Œ†ˆê —’ê Œ—–ê
ˆ‘‰’•†ˆ„…ŒŒ—œê „–ê šˆê „–ê —’ê
Œ“ˆˆ‘—„—Œ’‘ꒉꗋˆêj’¾
Œ––Œ’‘ꇈ†Œ–Œ’‘­ê
{‹ˆê hˆ‘‡ˆ‘—ê šŒê …ˆê
ˆ‰‰ˆ†—Œ™ˆê„–ê’‰êq˜‘ˆê¡±ê¢ª¡¡­ê
|‘‡ˆ•ê Œ—–ê —•„‘–Œ—Œ’‘„ê “•’¾
™Œ–Œ’‘–±ê Œ—ê šŒê „–’ê „““œê —’ê
•ˆ†’™ˆ•œê ’‰ê ˜‘„š‰˜ê –—„—ˆê
„Œ‡ê ‘’—ê •ˆ†’™ˆ•ˆ‡ê …œê t„œê
£¡±ê ¢ª¡¡ê Œ­ˆ­ê —‹ˆê m•˜†’‘„ê
•ˆ†’™ˆ•œÃ­ê p‘Œ—Œ„œ±ê —‹Œ–ê ‰„†—ê
•„Œ–ˆ‡ê –’ˆê ‡’˜…—–ê ’‘ê —‹ˆê
†’‘–—Œ—˜—Œ’‘„ê†’‘‰’•Œ—œê’‰ê
—‹ˆêhˆ‘‡ˆ‘—ê„‘‡êˆ‡ê—’ê„ê
“•ˆ–Œ‡ˆ‘—Œ„ê ™ˆ—’­ê o’šˆ™ˆ•±ê
—‹ˆê ™ˆ—’ê š„–ê ’™ˆ••Œ‡‡ˆ‘ê …œê
—‹ˆê u„—Œ’‘„ê j’˜‘†Œê „‘‡ê
—‹ˆê hˆ‘‡ˆ‘—ê š„–ê ‰Œ‘„œê
„““•’™ˆ‡­
k˜ˆê —’ê —‹ˆê †’‘–ˆ•™„—Œ™ˆê
†‹„•„†—ˆ•ê ’‰ê —‹ˆê z’™„Žê ˜¾
‡Œ†Œ„•œê Œ—ê Œ–ê ˜‘†ˆ„•ê „—ê —‹ˆê
’ˆ‘—ê ‹’šê “•„†—Œ†ˆê šŒê
•ˆ„†—ê—’ê—‹Œ–ꈖ–ˆ‘—Œ„ê†‹„‘Šˆê
Œ‘ê—‹ˆê„š­ê
{’ê †’‘†˜‡ˆ±ê Œ—ê –‹’˜‡ê …ˆê
‘’—ˆ‡ê —‹„—ê —‹ˆê hˆ‘‡ˆ‘—ê
†’˜‡ê„–’ê‹„™ˆê„‘ꈉ‰ˆ†—ê’‘ê
„‘’—‹ˆ•ê “˜…Œ†œê †’‘—•’™ˆ•¾
–Œ„ê †„–ˆ­ê {‹ˆê –„ˆê ’‰ê „‘‡ê
˜‘‡ˆ•ê —‹ˆê i•„—Œ–„™„Ø–ê wrvê
Âj˜—˜•ˆê „‘‡ê sˆŒ–˜•ˆê w„•ŽÃê
…œê —‹ˆê ˜‘Œ†Œ“„Œ—œê —’ê „ê
“•Œ™„—ˆê Œ‘™ˆ–—’•ê Œ–ê †˜••ˆ‘—œê
˜‘‡ˆ•ê Œ‘™ˆ–—ŒŠ„—Œ’‘ê …œê —‹ˆê
j’Œ––Œ’‘ê „‘‡ê „ê ‡ˆ†Œ–Œ’‘ê
Œ–ꈛ“ˆ†—ˆ‡êš‹ˆ—‹ˆ•ê—‹ˆê–„ˆê
„ˆŠˆ‡œê…ˆ’šê—‹ˆê„•Žˆ—ê
“•Œ†ˆÃê •ˆ“•ˆ–ˆ‘—–ê ˜‘„š‰˜ê
–—„—ˆê„Œ‡­
SP90530

{‹ˆê„ˆ‘‡ˆ‘—ê—’ê—‹ˆêw˜…Œ†êw•’†˜•ˆˆ‘—ê
h†—êš‹Œ†‹êˆ‘—ˆ•–ꌑ—’ꉒ•†ˆê’‘êh“•Œê¡±ê¢ª¡¡
v‘êmˆ…•˜„•œê¡¡±ê¢ª¡¡ê—‹ˆê“„•Œ„¾
ˆ‘—ꄇ’“—ˆ‡ê„‘ꌐ“’•—„‘—ꄐˆ‘‡¾
ˆ‘—ê—’ê—‹ˆêz’™„Žêw˜…Œ†êw•’†˜•ˆ¾
ˆ‘—ê h†—ê ê —‹ˆê h†—Ãê š‹Œ†‹ê ˆ‘—ˆ•ˆ‡ê
Œ‘—’ꉒ•†ˆê’‘êh“•Œê¡±ê¢ª¡¡­ê
{‹ˆê „ˆ‘‡ˆ‘—±ê „††’•‡Œ‘Šê —’ê
—‹ˆê Šˆ‘ˆ•„ê “„•—ê ’‰ê —‹ˆê ˆ›“„‘„—’¾
•œê –—„—ˆˆ‘—±ê „Œ–ê —’ê ‹„™ˆê „ê “’–Œ—¾ê
Œ™ˆê Œ“„†—ê ’‘ê †’“ˆ—Œ—Œ’‘ê „‘‡ê —‹ˆêê
…˜–Œ‘ˆ––ê ˆ‘™Œ•’‘ˆ‘—ê Œ‘ê z’™„ŽŒ„­ê
p—ê –‹’˜‡ê „–’ê Œ“•’™ˆê …’—‹ê —‹ˆê
†’–—–ê ’‰ê “˜…Œ†ê “•’†˜•ˆˆ‘—ê „‘‡ê
–“ˆ‘‡Œ‘Šê Œ‘ê —‹ˆê „‘„Šˆˆ‘—ê ’‰êê
“˜…Œ†ê •ˆ–’˜•†ˆ–±ê …œê Œ“ˆˆ‘—Œ‘Šê
–ˆ™ˆ•„ê‘ˆšêˆ„–˜•ˆ–­ê{‹ˆê‰’’šŒ‘Šê
„•—Œ†ˆê “•’™Œ‡ˆ–ê „ê …„–Œ†ê ’™ˆ•™Œˆšê ’‰ê
—‹ˆ–ˆê ‘ˆšê ˆ„–˜•ˆ–ê „‘‡ê Œ‘–—Œ—˜—ˆ–ê
„‘‡ê –’ˆê ’—‹ˆ•ê Œ“’•—„‘—ê †‹„‘Šˆ–ê
—’ê—‹ˆêh†—­
mŒ‘„‘†Œ„êŒŒ—–
v‘ˆê ’‰ê —‹ˆê ’–—ê Œ“’•—„‘—ê „‘‡êê
“’–Œ—Œ™ˆê †‹„‘Šˆ–ê “•’™Œ‡ˆ‡ê …œê —‹ˆê
„ˆ‘‡ˆ‘—ê Œ–ê —‹ˆê Œ“ˆˆ‘—„—Œ’‘êê
’‰ê ‘ˆšê ‰Œ‘„‘†Œ„ê ŒŒ—–ê …œê †’‘¾
—•„†—–­ê {‹Œ–ê š„–ê …•’˜Š‹—ê „…’˜—ê “„•—¾
œê …œê j’Œ––Œ’‘ê yˆŠ˜„—Œ’‘ê u’ê
¡¡§§½¢ªª©ê꒑ꑈšêŒŒ—–ꆒ‘†ˆ•‘Œ‘Šê
„…’™ˆ¾ŒŒ—ê †’‘—•„†—–­ê {’Šˆ—‹ˆ•ê šŒ—‹ê
—‹ˆê yˆŠ˜„—Œ’‘Ø–ê ŒŒ—–±ê —‹ˆê „ˆ‘¾
‡ˆ‘—ê –ŒŠ‘Œ‰Œ†„‘—œê ’šˆ•–ê —‹ˆê ‘„—¾ê
Œ’‘„êŒŒ—–ꉒ•ê˜‘‡ˆ•¾ŒŒ—ꆒ‘—•„†—–±ê
˜‘‡ˆ•¾—‹•ˆ–‹’‡ê †’‘—•„†—–ê „‘‡ê †’‘¾
—•„†—–ê ’‰ê –„ê ™„˜ˆ­ê {‹Œ–ê “„•—Œ†˜¾
„•ê †‹„‘Šˆê …•Œ‘Š–ê Š•ˆ„—ˆ•ê †’‘—•’ê ’‰êê
“˜…Œ†ê •ˆ–’˜•†ˆ–ê „‘‡ê –“ˆ‘‡Œ‘Šê …œêê
„˜—‹’•Œ—Œˆ–ê …œê Œ“’–Œ‘Šê „‘ê ’…ŒŠ„¾ê
—Œ’‘ꗒꘖˆê’•ˆê‰’•„ê“˜…Œ†ê“•’†¾
˜•ˆˆ‘—ê“•’†ˆ‡˜•ˆ–ꈙˆ‘ꉒ•ê–„ˆ•ê
™„˜ˆ–ꒉ꒕‡ˆ•–­
|‘‡ˆ•ê —‹ˆê ‘ˆšê “•’™Œ–Œ’‘–±ê Šˆ‘ˆ•¾
„œê „‘ê „…’™ˆ¾ŒŒ—ê †’‘—•„†—ê ˜‘‡ˆ•ê
—‹ˆê h†—ê Œ–ê ’‘ˆê š‹’–ˆê ™„˜ˆê Œ–ê ˆ–—Œ¾
„—ˆ‡ê—’ꅈꈔ˜„ê—’꒕ꊕˆ„—ˆ•ê—‹„‘ê
€¡¢¥±ªªªê “•ˆ™Œ’˜–œê €¡££±ªªªÃ­ê
m’•ê …˜Œ‡Œ‘Šê š’•Ž–ê †’‘—•„†—–ê —‹ˆêê
™„˜ˆê˜–—ꅈꈔ˜„ê—’꒕ꊕˆ„—ˆ•ê—‹„‘ê
€¤±¨¤¥±ªªªê“•ˆ™Œ’˜–œê€¥±¡¥ª±ªªªÃ­ê
j’‘–ˆ”˜ˆ‘—œ±ê„ꆒ‘—•„†—ꌖꆒ‘–Œ‡ˆ•¾
ˆ‡ê ˜‘‡ˆ•¾ŒŒ—ê š‹ˆ‘ê Œ—–ê ˆ–—Œ„—ˆ‡ê
™„˜ˆê Œ–ê ’šˆ•ê —‹„‘ê €¡¢¥±ªªªê „‘‡ê
ˆ”˜„ê —’ê ’•ê ‹ŒŠ‹ˆ•ê —‹„‘ê €¤ª±ªªªê
“•ˆ™Œ’˜–œê €¦ª±ªªªÃ­ê hê †’‘—•„†—ê
š’•—‹êˆ––ê—‹„‘ê €¤ª±ªªªêŒ–ꆄˆ‡ê„‘ê
˜‘‡ˆ•¾—‹•ˆ–‹’‡ê†’‘—•„†—­ê{‹ˆê’šˆ•ê
ŒŒ—ê ‰’•ê ˜‘‡ˆ•¾—‹•ˆ–‹’‡ê †’‘—•„†—–ê
š„–ê „–’ê †‹„‘Šˆ‡ê —’ê €¡ª±ªªªê “•ˆ¾
™Œ’˜–œê€£ª±ªªªÃ­êj’‘—•„†—–ꒉꖐ„ê
™„˜ˆê„•ˆê‘’šê†’‘—•„†—–êš‹’–ˆê™„˜ˆê
Œ–ꈖ—Œ„—ˆ‡ê—’ꅈꏈ––ê—‹„‘ꀡª±ªªª­ê
uˆšê‡ˆ‰Œ‘Œ—Œ’‘–ꒉꖒˆê
–˜…ˆ†—–ꘑ‡ˆ•ê—‹ˆêh†—
{‹ˆê „ˆ‘‡ˆ‘—ê ‹„–ê „–’ê „—ˆ•ˆ‡ê
—‹ˆê ‡ˆ‰Œ‘Œ—Œ’‘ê ’‰ê “˜…Œ†ê “•’†˜•ˆ•±ê
Œ‘—•’‡˜†ˆ‡ê „‘ê Œ“’•—„‘—ê †‹„‘Šˆê —’ê
—‹ˆê“•’™Œ–Œ’‘–꒑꓈•–’‘–ê“„•—Œ†Œ“„—¾
Œ‘ŠêŒ‘ꆒ¾‰Œ‘„‘†Œ‘ŠêÂh•—Œ†ˆê§Ã±ê„‘‡ê
„‡ˆê „ê Œ‘’•ê †‹„‘Šˆê —’ê —‹ˆê ˆŠ„ê
‡ˆ‰Œ‘Œ—Œ’‘ꒉꓕ’†˜•ˆ•­
{‹ˆê ‘ˆšê ‡ˆ‰Œ‘Œ—Œ’‘ê ’‰ê “˜…Œ†ê
“•’†˜•ˆ•ê ‹„–ê ˆ›—ˆ‘‡ˆ‡ê —‹ˆê •„‘Šˆê ’‰ê
–˜…ˆ†—–ê—‹„—ꌗꄓ“Œˆ–ê—’­êh—ê“•ˆ–ˆ‘—±ê
„ê “˜…Œ†ê “•’†˜•ˆ•ê Œ‘†˜‡ˆ–±ê „’‘Šê
’—‹ˆ•±ê „ê ˆŠ„ê ˆ‘—Œ—Œˆ–ê ‰Œ‘„‘†ˆ‡êê
ˆŒ—‹ˆ•ê†’“ˆ—ˆœê’•êŒ‘ê—‹ˆê„Œ‘ê…œê
„‘’—‹ˆ•ê“˜…Œ†ê“•’†˜•ˆ•±ê’•ê—‹’–ˆêŒ‘ê
š‹Œ†‹ê„‘’—‹ˆ•ê“˜…Œ†ê“•’†˜•ˆ•ê‹’‡–ê
‡Œ•ˆ†—ê ’•ê Œ‘‡Œ•ˆ†—ê ˆ›†˜–Œ™ˆê †’‘—•’±ê
’•ê —‹’–ˆê Œ‘ê š‹Œ†‹ê „‘’—‹ˆ•ê “˜…Œ†ê
“•’†˜•ˆ•ê„““’Œ‘—–ê’•ê™’—ˆ–ꉒ•ê’•ˆê
—‹„‘ê ‹„‰ê ’‰ê —‹ˆê ˆ…ˆ•–ê ’‰ê —‹ˆêê
Š’™ˆ•‘Œ‘Šê …’‡œ­ê m’•ˆ•œ±ê —‹ˆ–ˆê
ˆŠ„êˆ‘—Œ—Œˆ–Ꚉ•ˆê†’‘–Œ‡ˆ•ˆ‡ê“˜…Œ†ê
“•’†˜•ˆ•–ê ’‘œê Œ‰ê —‹ˆœê šˆ•ˆê ‰’˜‘‡ˆ‡ê
’•ê ˆ–—„…Œ–‹ˆ‡ê ‰’•ê —‹ˆê –“ˆ†Œ„ê “˜•“’¾
–ˆê ’‰ê ˆˆ—Œ‘Šê “˜…Œ†ê Œ‘—ˆ•ˆ–—ê ‘ˆˆ‡–ê
‘’—ꒉꄑꌑ‡˜–—•Œ„ê’•ê„ꆒˆ•†Œ„êê
‘„—˜•ˆ­êz˜†‹êˆ‘—Œ—Œˆ–ê„•ˆê–—Œê†’‘–Œ‡ˆ•ˆ‡ê
“˜…Œ†ê “•’†˜•ˆ•–±ê ‹’šˆ™ˆ•±ê Œ‰ê „‘’—‹ˆ•ê
“˜…Œ†ê “•’†˜•ˆ•ê „““’Œ‘—–ê ’•ê ™’—ˆ–ê
‰’•ê’•ˆê—‹„‘ê‹„‰ê’‰ê—‹ˆêˆ…ˆ•–ê
’‰ê—‹ˆŒ•ê†’‘—•’Œ‘Šê…’‡œ­ê
tŒ–˜–ˆê’‰ê—‹ˆêŒ‘–—Œ—˜—ˆê’‰ê†’¾‰Œ‘„‘¾
†Œ‘Šê—’ê„™’Œ‡ê—‹ˆê’…ŒŠ„—Œ’‘ꗒꆒ“œê
šŒ—‹ê —‹ˆê h†—ê …œê “•’™Œ‡Œ‘Šê ‰Œ‘„‘†Œ„ê
ˆ„‘–ê—’ê„꓈•–’‘êš‹’ꌖꑒ—ê„ꓘ…Œ†ê
“•’†˜•ˆ•ê’•ê„ê“•’†˜•ˆ•êšŒê…ˆêŒŒ—ˆ‡ê
˜‘‡ˆ•ê ‘ˆšê •ˆŠ˜„—Œ’‘–ê –ˆˆê h•—Œ†ˆê
§Ã­ê {‹ˆê “•ˆ™Œ’˜–ê š’•‡Œ‘Šê ’‰ê h•—Œ†ˆê
§ê ˆ‘„…ˆ‡ê —‹ˆ–ˆê ˆ‘—Œ—Œˆ–ê —’ê ˜–ˆê ˆ––ê
–—•Œ†—ꉌ‘„‘†Œ„êŒŒ—–ê„‘‡ê“˜…Œ†ê“•’†¾ê
˜•ˆˆ‘—ê “•’†ˆ‡˜•ˆ–ê —‹„‘ê š’˜‡ê …ˆêê
•ˆ”˜Œ•ˆ‡êŒ‰ê—‹ˆœêšˆ•ˆê„ꓘ…Œ†ê“•’†˜¾
•ˆ•ê’•ê„ê“•’†˜•ˆ•­ê|‘‡ˆ•ê—‹ˆê„ˆ‘‡¾
ˆ‘—ê „‘œê “ˆ•–’‘ê ˜–Œ‘Šê —‹ˆ–ˆê ˆ„‘–ê
˜–—ê ‰˜‰Œê —‹ˆê ’…ŒŠ„—Œ’‘–ê •ˆ”˜Œ•ˆ‡ê
’‰ê „ê “•’†˜•ˆ•­ê p‰ê —‹ˆê “ˆ•–’‘ê “•’™Œ‡¾
ˆ‡ê šŒ—‹ê –˜†‹ê ˆ„‘–ê Œ–ê „–’ê „ê “˜…Œ†ê
“•’†˜•ˆ•ê ’•ê „ê “•’†˜•ˆ•±ê —‹ˆœê ˜–—ê
‰˜‰Œê —‹ˆê ’…ŒŠ„—Œ’‘–ê Œ“’–ˆ‡ê ’‘ê „ê
“˜…Œ†ê“•’†˜•ˆ•ê…œê˜–Œ‘Šê—‹ˆê‰Œ‘„‘†Œ„ê
ˆ„‘–­ê{‹ˆê™„˜ˆê’‰ê„ꆒ‘—•„†—ꌑꗋŒ–ê
†„–ˆêŒ–ꇈ—ˆ•Œ‘ˆ‡ê…œê—‹ˆê„’˜‘—ê’‰ê
‰Œ‘„‘†Œ„êˆ„‘–ê“•’™Œ‡ˆ‡­
l›—ˆ‘–Œ’‘ê’‰ê„ꓘ…Œ†ê
“•’†˜•ˆ•Ø–ê„‘‡ê„ê“•’†˜•ˆ•Ø–ê
’…ŒŠ„—Œ’‘–ê
{‹ˆê “•’™Œ–Œ’‘–ê ’‘ê —‹ˆê …„–Œ†êê
’…ŒŠ„—Œ’‘–ê ’‰ê „ê “˜…Œ†ê “•’†˜•ˆ•ê
„‘‡ê„ê“•’†˜•ˆ•ê‹„™ˆê…ˆˆ‘ꈛ—ˆ‘‡ˆ‡ê
…œê —š’ê ‘ˆšê –ˆ†—Œ’‘–­ê {‹ˆ–ˆê ‘ˆšêê
–ˆ†—Œ’‘–ê –“ˆ„Žê ’‰ê —‹ˆê ’…ŒŠ„—Œ’‘ê —’ê
–ˆ‘‡±êŒˆ‡Œ„—ˆœê„‰—ˆ•ê†’‘†˜‡Œ‘Šê
„ê †’‘—•„†—ê ’•ê „‰—ˆ•ê ˆ‘‡Œ‘Šê †ˆ•—„Œ‘ê
’—‹ˆ•ê “•’†˜•ˆˆ‘—ê “•’†ˆ‡˜•ˆ–±êê
•ˆˆ™„‘—ê ‡’†˜ˆ‘—–ê „–ê ‹„•‡†’“Œˆ–ê
’•ê…œêˆˆ†—•’‘Œ†êˆ„‘–Ãꖘ†‹ê„–ꐌ‘¾
˜—ˆ–ê ’‘ê ˆ™„˜„—Œ‘Šê †’“Œ„‘†ˆê šŒ—‹ê
“„•—Œ†Œ“„—Œ’‘ê †’‘‡Œ—Œ’‘–±ê Œ‘˜—ˆ–ê
’‘ê ˆ™„˜„—Œ‘Šê —ˆ‘‡ˆ•–±ê ’•ê †’“Œˆ–ê ’‰ê
„ê —ˆ‘‡ˆ•–±ê —’ê —‹ˆê v‰‰Œ†ˆê ‰’•ê w˜…Œ†ê
w•’†˜•ˆˆ‘—ê—‹ˆêv‰‰Œ†ˆÃ­êyˆŠ„•‡Œ‘Šê
–ˆ‘‡Œ‘Šê—‹ˆê—ˆ‘‡ˆ•–ê—‹ˆê„ˆ‘‡ˆ‘—ê
“’Œ‘—–ê ’˜—ê —‹ˆê ’…ŒŠ„—Œ’‘ê —’ê Žˆˆ“ê
–’ˆê’‰ê—‹ˆêŒ‘‰’•„—Œ’‘ê–—„—ˆ‡êŒ‘ê—‹ˆê
—ˆ‘‡ˆ•–ꄖꆒ‘‰Œ‡ˆ‘—Œ„­ê
{‹ˆê „ˆ‘‡ˆ‘—ê „–’ê Œ‘—•’‡˜†ˆ–ê
‘ˆšê “•’™Œ–Œ’‘–ê •ˆŠ„•‡Œ‘Šê „ê “˜…Œ†ê
“•’†˜•ˆ•Ø–ê„‘‡ê„ê“•’†˜•ˆ•Ø–ê’…ŒŠ„—Œ’‘–ê
—’ê —‹ˆê v‰‰Œ†ˆ­ê |‘‡ˆ•ê —‹ˆ–ˆê “•’™Œ–Œ’‘–ê
„ê “˜…Œ†ê “•’†˜•ˆ•ê „‘‡ê „ê “•’†˜•ˆ•ê „•ˆê
’…ŒŠˆ‡ê —’ê –ˆ‘‡ê —‹ˆê v‰‰Œ†ˆê „ê ‘’—Œ†ˆê
’‰ê †’‘†˜‡Œ‘Šê „ê †’‘—•„†—±ê „ê †’‘†ˆ–¾
–Œ’‘ê †’‘—•„†—±ê „ê ‰•„ˆš’•Žê †’‘—•„†—êê
’•ê„ˆ‘‡ˆ‘—–ê—’ê„‘œê’‰ê—‹ˆ±êšŒ—‹Œ‘ê
–ˆ™ˆ‘ê ‡„œ–ê ’‰ê “˜…Œ†„—Œ’‘­ê p‰ê “˜…Œ†„¾ê
—Œ’‘ꌖꑒ—ꐄ‘‡„—’•œê‹„•‡†’“Œˆ–ꐘ–—ê
…ˆê –ˆ‘—ê šŒ—‹Œ‘ê –ˆ™ˆ‘ê ‡„œ–ê ’‰ê †’‘†˜¾
–Œ’‘­ê{‹ˆê„Œê’‰ê—‹ˆê„ˆ‘‡ˆ‘—ꌖꗒêê
LEGAL VIEW
ˆ‘–˜•ˆê —‹„—ê „ê ‹ŒŠ‹ˆ•ê ˆ™ˆê ’‰ê Œ‘‰’•¾
„—Œ’‘ê Œ–ê “•’™Œ‡ˆ‡ê —’ê —‹ˆê “˜…Œ†ê
…œê “˜…Œ–‹Œ‘Šê —‹ˆê š‹’ˆê †’‘—•„†—–ê
šŒ—‹ê —‹ˆê –˜††ˆ––‰˜ê —ˆ‘‡ˆ•ˆ•–­ê {‹Œ–êê
’…ŒŠ„—Œ’‘êš„–ê‘’—ê“•ˆ™Œ’˜–œêˆ›“•ˆ––¾
œêŒ“’–ˆ‡ê…œê—‹ˆêh†—­ê{‹ˆêv‰‰Œ†ˆê’‘œê
‹„‡ê—‹ˆê•ŒŠ‹—ê—’ê„–Žê‰˜•—‹ˆ•ê”˜ˆ–—Œ’‘–­ê
j’‘‰Œ‡ˆ‘—Œ„Œ—œê š„–ê ’‰—ˆ‘ê ˜–ˆ‡ê „–êê
„ꕈ„–’‘ꉒ•ê‘’—ꓘ…Œ–‹Œ‘Šê„ꆒ‘—•„†—±ê
Œ‘†˜‡Œ‘Š±êŒ‘ꐄ‘œê†„–ˆ–±ê†’‘—•„†—–ê’‰ê
„’•êŒ“’•—„‘†ˆ­
{‹ˆê †’‘‰Œ‡ˆ‘—Œ„Œ—œê “•’™Œ–Œ’‘ê
‹„–ê ‘’šê …ˆˆ‘ê „ˆ‘‡ˆ‡­ê {‹ˆê “•’¾
™Œ–Œ’‘ê ‡ˆ‰Œ‘Œ‘Šê š‹„—ê †„‘ê …ˆê †’‘¾
–Œ‡ˆ•ˆ‡ê †’‘‰Œ‡ˆ‘—Œ„ê Œ‘‰’•„—Œ’‘ê
‹„–ê …ˆˆ‘ê •ˆ“ˆ„ˆ‡­ê j’‘‰Œ‡ˆ‘—Œ„¾
Œ—œê ‘’šê †’™ˆ•–ê —•„‡ˆê –ˆ†•ˆ—–ê „‘‡ê
Œ‘‰’•„—Œ’‘ê Œ‘‡Œ†„—ˆ‡ê „–ê †’‘‰Œ¾
‡ˆ‘—Œ„­ê t’•ˆê Œ“’•—„‘—ê —‹„‘ê —‹ˆê
†‹„‘ŠˆêŒ‘ê—‹ˆê‡ˆ‰Œ‘Œ—Œ’‘ꒉꆒ‘‰Œ‡ˆ‘—Œ„êê
Œ‘‰’•„—Œ’‘±ê ‹’šˆ™ˆ•±ê Œ–ê —‹ˆê „ˆ‘‡¾êê
ˆ‘—ê ’‰ê „——ˆ•–ê š‹Œ†‹ê —‹ˆê †’‘‰Œ¾
‡ˆ‘—Œ„Œ—œê’…ŒŠ„—Œ’‘ê–‹’˜‡ê‘’—ꄉ¾
‰ˆ†—±ê–˜†‹ê„–ê—‹ˆê’…ŒŠ„—Œ’‘ê—’ê–ˆ‘‡ê
‘’—Œ†ˆ–ꒉꆒ‘†˜‡Œ‘Šê†’‘—•„†—–±ê’•ê
—‹ˆê †’“ˆ—ˆê š’•‡Œ‘Šê ’‰ê —‹ˆ±ê —’ê
—‹ˆê v‰‰Œ†ˆê ‰’•ê •ˆŠŒ–—•„—Œ’‘ê „‘‡ê “˜¾
…Œ†„—Œ’‘­
{’ê ŒŒ—ê —‹ˆê “’––Œ…ŒŒ—œê ’‰ê „ê “˜…Œ†ê
“•’†˜•ˆ•ê ’•ê „ê “•’†˜•ˆ•ê —’ê –ˆ—ê —‹ˆê •ˆ¾ê
”˜Œ•ˆˆ‘—–ê„‘‡ê†’‘‡Œ—Œ’‘–ꌑê„ê“•’†ˆ¾
‡˜•ˆê–’ê—‹„—ê—‹ˆœê‰„™’˜•ê„ê–“ˆ†Œ‰Œ†ê—ˆ‘¾
‡ˆ•ˆ•±ê„ꓘ…Œ†ê“•’†˜•ˆ•ê„‘‡ê„ê“•’†˜•ˆ•ê
„•ˆê ’…ŒŠˆ‡ê ˜‘‡ˆ•ê —‹ˆê ‘ˆšê •ˆŠ˜„¾ê
—Œ’‘ꗒꈛ“„Œ‘ê—‹ˆê‘ˆ†ˆ––Œ—œê’‰êˆ™ˆ•œêê
•ˆ”˜Œ•ˆ‡ê †’‘‡Œ—Œ’‘ê ’‰ê “„•—Œ†Œ“„—Œ’‘ê
•ˆŠ„•‡Œ‘Šê—‹ˆê’…ˆ†—ꒉꗋˆê†’‘—•„†—­
|‘‡ˆ•ê—‹ˆê‘ˆšê“•’™Œ–Œ’‘–ê„ꓘ…Œ†ê
“•’†˜•ˆ•êŒ–ê’…ŒŠˆ‡êˆ™ˆ•œê”˜„•—ˆ•ê—’ê
“˜…Œ–‹ê’‘ꌗ–Ꚉ…–Œ—ˆê’•êŒ‘ê—‹ˆê“•ˆ––ê
„ê –˜„•œê ’‰ê †’‘—•„†—–ê ’‰ê –„êê
™„˜ˆêšŒ—‹ê„Ꙅ˜ˆê’™ˆ•ê€¡±ªªª­
lˆ†—•’‘Œ†ê„˜†—Œ’‘–
{‹ˆê „ˆ‘‡ˆ‘—ê ‹„–ê —„Žˆ‘ê „‘¾
’—‹ˆ•ê –—ˆ“ê Œ‘ê Œ“ˆˆ‘—Œ‘Šê —‹ˆê
˜–ˆê ’‰ê ˆˆ†—•’‘Œ†ê „˜†—Œ’‘–ê Œ‘ê “˜…Œ†ê
“•’†˜•ˆˆ‘—­ê m’•ˆ•œ±ê ˆˆ†—•’‘Œ†ê
„˜†—Œ’‘–ê šˆ•ˆê ’“—Œ’‘„­ê u’š±ê —‹ˆê
˜–ˆê’‰êˆˆ†—•’‘Œ†ê„˜†—Œ’‘–ꌑꆈ•—„Œ‘ê
“˜…Œ†ê “•’†˜•ˆˆ‘—ê “•’†ˆ‡˜•ˆ–ê ê Œ–ê
’…ŒŠ„—’•œ­ê hê “˜…Œ†ê “•’†˜•ˆ•ê „‘‡ê
„ê “•’†˜•ˆ•ê „•ˆê †˜••ˆ‘—œê ’…ŒŠˆ‡ê
—’ê ˜–ˆê ˆˆ†—•’‘Œ†ê „˜†—Œ’‘–ê Œ‘ê „…’™ˆ¾ê
ŒŒ—ꆒ‘—•„†—–ê„‘‡ê˜‘‡ˆ•¾ŒŒ—ꆒ‘¾
—•„†—–±ê…˜—ê—‹ˆêŒ‘—•’‡˜†—Œ’‘ꒉꗋˆê’…¾
ŒŠ„—Œ’‘ꗒꘖˆêˆˆ†—•’‘Œ†ê„˜†—Œ’‘–ê…œê
˜‘‡ˆ•¾ŒŒ—ꆒ‘—•„†—–ê‹„–ê…ˆˆ‘ê“’–—¾
“’‘ˆ‡ê —’ê q„‘˜„•œê ¡±ê ¢ª¡¢­ê lˆ†—•’¾
‘Œ†ê „˜†—Œ’‘–ê ˜–—ê …ˆê ˜–ˆ‡ê Œ‘ê „ê
†’‘—•„†—–꒑ꊒ’‡–ê„‘‡êŒ‘ꆒ‘—•„†—–ê
’‘ê–ˆ•™Œ†ˆ–ê’•ê…˜Œ‡Œ‘Šêš’•Ž–±êŒ‰ê—‹ˆê
—ˆ†‹‘Œ†„ê •ˆ”˜Œ•ˆˆ‘—–ê •ˆŠ„•‡Œ‘Šê
—‹ˆê ’…ˆ†—ê ’‰ê —‹ˆê †’‘—•„†—ê ’‘ê –ˆ•™Œ¾
†ˆ–ê ’•ê …˜Œ‡Œ‘Šê š’•Ž–ê †„‘ê …ˆê ‡ˆ—ˆ•¾ê
Œ‘ˆ‡ê ˆ›„†—œ±ê ’•ê Œ‰ê —‹ˆ–ˆê †’‘—•„†—–ê
„•ˆê„š„•‡ˆ‡ê…œê„ꇜ‘„Œ†ê“˜•†‹„–¾
Œ‘Šê –œ–—ˆ±ê ’•ê š‹ˆ‘ê —‹ˆê †’‘—ˆ–—ê Œ–êê
•ˆ“ˆ„—ˆ‡œê ’“ˆ‘ˆ‡ê …ˆ—šˆˆ‘ê „êê
“„•—Œˆ–ê—’ê„ꉕ„ˆš’•Žê†’‘—•„†—­
{‹ˆê„…‘’•„œê
’šê—ˆ‘‡ˆ•–
{‹ˆê Œ–—„Žˆê …œê —‹ˆê Œ‘–—Œ—˜—ˆê ’‰ê
„…‘’•„œê ’šê —ˆ‘‡ˆ•–±ê š‹Œ†‹ê
š„–ꐌ–Œ‘—ˆ•“•ˆ—ˆ‡ê„‘‡ê—•„‘–“’–ˆ‡ê
—’ê —‹ˆê h†—ê „–ê „…‘’•„œê ’šê “•Œ†ˆê
µ‘ˆ’…™UŽˆê ‘BŽ„ê †ˆ‘„´Ãê ‹„–ê …ˆˆ‘ê
•ˆ†—Œ‰Œˆ‡ê „‘‡ê ‘’šê †’••ˆ†—œê •ˆ‰ˆ•–ê
—’ê„…‘’•„œê’šê—ˆ‘‡ˆ•­êp‘ꄆ†’•¾
‡„‘†ˆêšŒ—‹ê—‹„—ê„ê—ˆ‘‡ˆ•ê–‹’˜‡ê‘’—ê
…ˆê †’‘–Œ‡ˆ•ˆ‡ê „–ê „…‘’•„œê ’šê
’‘œêŒ‘ê—‹ˆê„–“ˆ†—ꒉꗋˆê“•Œ†ˆ­
t’•ˆ’™ˆ•±ê‘ˆšêˆ„–˜•ˆ–ꉒ•êŒŒ¾
—Œ‘Š±ê„—ꏈ„–—ꌑ꓄•—±ê—‹ˆê“’––Œ…ŒŒ—œê
—’ê „•…Œ—•„•Œœê ˆ›†˜‡ˆê —‹ˆê —ˆ‘‡ˆ•ˆ•ê
…ˆ†„˜–ˆê ’‰ê „‘ê „…‘’•„œê ’šêê
—ˆ‘‡ˆ•±ê ‹„™ˆê …ˆˆ‘ê Œ‘—•’‡˜†ˆ‡­ê {‹ˆê
‡ˆ„‡Œ‘ˆê‰’•ê–˜…Œ——Œ‘Šê„‘ꈛ“„‘„¾
—Œ’‘ꒉꄑꄅ‘’•„œê’šê—ˆ‘‡ˆ•ê‹„–ê
…ˆˆ‘ꈛ—ˆ‘‡ˆ‡ê—’ꉌ™ˆêš’•ŽŒ‘Šê‡„œ–ê
„‰—ˆ•ê ‡ˆŒ™ˆ•œê ’‰ê —‹ˆê †’Œ––Œ’‘Ø–ê
•ˆ”˜ˆ–—­ê h‰—ˆ•ê •ˆ†ˆŒ™Œ‘Šê „ê š•Œ——ˆ‘êê
ˆ›“„‘„—Œ’‘ê —‹ˆê †’Œ––Œ’‘ê †„‘êê
Œ‘™Œ—ˆê —‹ˆê …Œ‡‡ˆ•ê —’ê „ê “ˆ•–’‘„ê
†’‘–˜—„—Œ’‘ê ’‘ê —‹ˆê —ˆ‘‡ˆ•±ê š‹Œ†‹ê
†„‘‘’—ê —„Žˆê “„†ˆê ˆ„•Œˆ•ê —‹„‘ê ‰Œ™ˆê
š’•ŽŒ‘Šê ‡„œ–ê „‰—ˆ•ê ‡ˆŒ™ˆ•Œ‘Šê —‹ˆê
Œ‘™Œ—„—Œ’‘­
l›†˜–Œ’‘ꉕ’êê
—‹ˆê“•’†ˆ‡˜•ˆê…ˆ†„˜–ˆê’‰ê
‰’•„êŒ–—„Žˆ–
m’•ê ‹ŒŠ‹ˆ•ê “•’—ˆ†—Œ’‘ê ’‰ê †„‘‡Œ¾ê
‡„—ˆ–ê„‘‡ê—ˆ‘‡ˆ•ˆ•–ê—‹ˆê„ˆ‘‡ˆ‘—ê
“•’™Œ‡ˆ–ê–ˆ™ˆ•„ê’—‹ˆ•ê†‹„‘Šˆ–­êyˆ¾
Š„•‡Œ‘Šê ‰’•„ê Œ–—„Žˆ–ê Œ‘ê —ˆ‘‡ˆ•ê
’•ê –˜…Œ——ˆ‡ê ‡’†˜ˆ‘—–ê —‹ˆê ‡•„‰—ê
„ˆ‘‡ˆ‘—ê “•’“’–ˆ‡ê —’ê ˆŒŒ‘„¾
—ˆê —‹ˆê “’––Œ…ŒŒ—œê ’‰ê ˆ›†˜‡Œ‘Šê —‹ˆêê
—ˆ‘‡ˆ•ˆ•ê …ˆ†„˜–ˆê ’‰ê ‰’•„êê
Œ–—„Žˆ–ꌑꗋˆê—ˆ‘‡ˆ•­
p‘ê ’•‡ˆ•ê —’ê “•ˆ™ˆ‘—ê Œ—–ê Œˆ‡Œ¾
„—ˆê ˆ›†˜–Œ’‘ê ‰•’ê —‹ˆê “•’†ˆ‡˜•ˆê
—‹ˆê ‘ˆšê “•’™Œ–Œ’‘–ê Œ‘—•’‡˜†ˆê „êê
Œ‘Œ˜ê—ŒˆêŒŒ—¦êš‹Œ†‹ê–‹’˜‡ê
…ˆê „™„Œ„…ˆê —’ê —‹ˆê †„‘‡Œ‡„—ˆê ’•ê
—ˆ‘‡ˆ•ˆ•ê —’ê “•ˆ“„•ˆê „‘ê ˆ›“„‘„¾
—Œ’‘ê ’•ê †’“ˆ—ˆê —‹ˆê ‡’†˜ˆ‘—–­ê
p‰ê —‹ˆê —ˆ‘‡ˆ•ˆ•ê ’•ê †„‘‡Œ‡„—ˆê ‡’ˆ–ê
‘’—ê ˆˆ—ê —‹ˆê ‡ˆ„‡Œ‘ˆ±ê —‹ˆê “˜…¾
Œ†ê“•’†˜•ˆ•ê’•ê—‹ˆê“•’†˜•ˆ•êŒ–ê–—Œêê
„˜—‹’•Œ–ˆ‡ê —’ê ˆ›†˜‡ˆê —‹ˆê ‰•’ê
—‹ˆê“•’†ˆ‡˜•ˆ­
z’ˆê’—‹ˆ•ê†‹„‘Šˆ–
{‹ˆê „ˆ‘‡ˆ‘—ê ‹„–ê Œ‘—•’‡˜†ˆ‡ê
„‘œê ’—‹ˆ•ê Œ“’•—„‘—ê †‹„‘Šˆ–ê —’ê
“˜…Œ†ê“•’†˜•ˆˆ‘—ê“•’†ˆ‡˜•ˆ–±êŒ‘¾
–—Œ—˜—ˆ–ê„‘‡ê’…ŒŠ„—Œ’‘–­êv‘ˆêŒ–ê—‹ˆê
•ˆ’™„ê’‰ê–ˆ“„•„—ˆê•˜ˆ–ꌑꄚ„•‡¾
Œ‘Šê ‘’‘¾“•Œ’•Œ—œê †’‘—•„†—–ê –˜†‹ê „–ê
—‹’–ˆê ‰’•ê ˆŠ„ê –ˆ•™Œ†ˆ–±ê ˆ‡˜†„—Œ’‘ê
„‘‡ê “•’‰ˆ––Œ’‘„ê ˆ‡˜†„—Œ’‘íê m’•¾
ˆ•œ±ê ‘’‘¾“•Œ’•Œ—œê †’‘—•„†—–ê ‹„‡ê
ˆ––ê –—•Œ†—ê •˜ˆ–ê „““Œˆ‡ê —’ê —‹ˆ­ê
u’š±ê …„–Œ†„œê —‹ˆê ˆ–—Œ„—ˆ‡ê ™„˜ˆê
’‰ê—‹ˆê†’‘—•„†—ꌖꇈ†Œ–Œ™ˆ­
April 11 – 17, 2011 11
|‘‡ˆ•ê —‹ˆê “•ˆ™Œ’˜–ê •ˆŠ˜„—Œ’‘ê
˜‘‡ˆ•¾—‹•ˆ–‹’‡ê †’‘—•„†—–ê šˆ•ˆê
™ˆ•œê ’‰—ˆ‘ê ‹„•‡ê —’ê Šˆ—ê Œ‘‰’•„¾
—Œ’‘ê ’‘±ê „–ê „ê “˜…Œ†ê “•’†˜•ˆ•ê š„–ê
’…ŒŠˆ‡ê —’ê “˜…Œ–‹ê Œ‘™Œ—„—Œ’‘–ê —’ê
–˜…Œ—ê —ˆ‘‡ˆ•ê ’‘œê ’‘ê Œ—–ê šˆ…–Œ—ˆ­ê
{‹ˆê „ˆ‘‡ˆ‘—ê ‹„–ê Œ‘—•’‡˜†ˆ‡ê
–ŒŠ‘Œ‰Œ†„‘—ê †‹„‘Šˆ–ê Œ‘ê —‹ˆê “•’†ˆ¾
‡˜•ˆê ’‰ê „š„•‡Œ‘Šê ˜‘‡ˆ•¾—‹•ˆ–‹’‡ê
†’‘—•„†—–±ê „Œ‘œê …œê Œ“’–Œ‘Šê „‘ê
’…ŒŠ„—Œ’‘ê —’ê “˜…Œ–‹ê „‘ê Œ‘™Œ—„—Œ’‘ê
—’ê–˜…Œ—ê—ˆ‘‡ˆ•êŒ‘ê—‹ˆêv‰‰Œ†ˆêq’˜•¾
‘„­êkˆ—„Œˆ‡ê†’‘—ˆ‘—ê’‘ê—‹ˆêŒ‘™Œ—„¾
—Œ’‘ꌖꄏ–’ꕈ”˜Œ•ˆ‡ê…œê—‹ˆê„ˆ‘‡¾ê
ˆ‘—­ê |‘‡ˆ•ê —‹ˆê ‘ˆšê “•’™Œ–Œ’‘–ê „ê
“˜…Œ†ê “•’†˜•ˆ•ê Œ–ê ’…ŒŠˆ‡ê —’ê –ˆ—ê „ê
—Œˆê ŒŒ—ê ‰’•ê –˜…Œ——Œ‘Šê —ˆ‘‡ˆ•–ê
š‹Œ†‹ê †„‘‘’—ê …ˆê –‹’•—ˆ•ê —‹„‘ê ¢ªê
‡„œ–ꄉ—ˆ•ê–ˆ‘‡Œ‘Šê—‹ˆêŒ‘™Œ—„—Œ’‘ê—’ê
—‹ˆêv‰‰Œ†ˆ­
h‘’—‹ˆ•±ê ’‰—ˆ‘ê Œ–˜–ˆ‡ê Œ‘–—Œ¾
—˜—ˆ±ê —‹ˆê •ˆ–—•Œ†—ˆ‡ê “•’†ˆ‡˜•ˆ±ê …œê
š‹Œ†‹ê˜–˜„œê’‘œê„ꏌŒ—ˆ‡ê‘˜¾
…ˆ•ê’‰ê†„‘‡Œ‡„—ˆ–ê„•ˆêŒ‘™Œ—ˆ‡ê…œê—‹ˆêê
“˜…Œ†ê“•’†˜•ˆ•ê—’ê–˜…Œ—ê—ˆ‘‡ˆ•–±ê
‹„–ê …ˆˆ‘ê „ˆ‘‡ˆ‡ê šŒ—‹ê —‹ˆê „Œê
’‰ê •ˆ’™Œ‘Šê —‹ˆê ŒŒ—„—Œ’‘–ê „‘‡ê
„™’Œ‡Œ‘Šê—‹ˆŒ•êŒ–˜–ˆ­êi˜—ê’‘œê—‹ˆê
’šˆ•êŒŒ—ê’‰ê„ꆄ‘‡Œ‡„—ˆ–Øꑘ…ˆ•ê
Œ–ê•„Œ–ˆ‡ê‰•’ê‰Œ™ˆê—’ê—ˆ‘­ê{‹ˆê˜““ˆ•ê
ŒŒ—ê Œ–ê –—Œê ¢ªê †„‘‡Œ‡„—ˆ–ê š‹Œ†‹ê
†„‘ꅈꌑ™Œ—ˆ‡ê—’ê–˜…Œ—ê—ˆ‘‡ˆ•–­
mŒ‘„œ±ê —‹ˆê “’––Œ…ŒŒ—œê —’ê ‰Œˆêê
„ꐒ—Œ’‘ê—’ê‹„™ˆê„ꆒ‘—•„†—ꆒ‘†˜¾
‡ˆ‡ê †’‘—•„•œê —’ê —‹ˆê h†—ê ‘˜Œ‰Œˆ‡ê
…œê—‹ˆê†’˜•—Ꚍ—‹Œ‘ê’‘ˆêœˆ„•ê’‰êŒ—–ê
†’‘†˜–Œ’‘ê ‹„–ê …ˆˆ‘ê •ˆ“ˆ„—ˆ‡œêê
Œ‘—•’‡˜†ˆ‡­ê {‹ˆê •ŒŠ‹—ê —’ê ‰Œˆê –˜†‹êê
„ê ’—Œ’‘ê Œ–ê Š•„‘—ˆ‡ê —’ê —‹ˆê v‰‰Œ†ˆê
„‘‡ê“•’–ˆ†˜—’•–­
j’‘†˜–Œ’‘
h††’•‡Œ‘Šê —’ê —‹ˆê ˆ›“„‘„—’•œêê
–—„—ˆˆ‘—ê —‹ˆê „ˆ‘‡ˆ‘—Ø–ê „Œê
Œ–ê —’ê –ŒŠ‘Œ‰Œ†„‘—œê Œ“•’™ˆê —•„‘–¾
“„•ˆ‘†œê„‘‡ê†’“ˆ—Œ—Œ’‘ꌑꓘ…Œ†ê
“•’†˜•ˆˆ‘—ê“•’†ˆ‡˜•ˆ–­êo’šˆ™ˆ•±ê
’‘œê„ê“„•—Œ„êŒ“•’™ˆˆ‘—ê‹„–ê…ˆˆ‘ê
„†‹Œˆ™ˆ‡ê„Œ‘œê—‹„‘Ž–ê—’ê—‹ˆêŒ“ˆ¾
ˆ‘—„—Œ’‘ꒉꗋˆê‘ˆšê‰Œ‘„‘†Œ„êŒŒ—–ê
„‘‡ê—‹ˆê•ˆ’™„ê’‰ê‡Œ‰‰ˆ•ˆ‘—ꕘˆ–ꉒ•ê
‘’‘¾“•Œ’•Œ—œê–ˆ•™Œ†ˆ–­ê
z’˜•†ˆ®ê
wl{lyrhêÆêwhy{ulyzês„šêv‰‰Œ†ˆ–
{‹Œ–ê „•—Œ†ˆê Œ–ê ’‰ê „‘ê Œ‘‰’•„—Œ™ˆêê
‘„—˜•ˆê’‘œê„‘‡ê˜‘‡ˆ•ê‘’ꄆ†’˜‘—ꆄ‘ê
Œ—ꅈꆒ‘–Œ‡ˆ•ˆ‡ê—’ê…ˆê„ꏈŠ„ê’“Œ‘Œ’‘­ê
z‹’˜‡ê œ’˜ê ‘ˆˆ‡ê „‘œê ‰˜•—‹ˆ•êê
Œ‘‰’•„—Œ’‘ê’‘ê—‹ˆêŒ––˜ˆ–ꄇ‡•ˆ––ˆ‡ê
Œ‘ê —‹Œ–ê „•—Œ†ˆ±ê “ˆ„–ˆê †’‘—„†—ê ’˜•ê
s„šêv‰‰Œ†ˆêwl{lyrhêÆêwhy{ulyz±ê
{ˆ­êФ¢¡ê¢ê¥¤¤ê¡¨ê§ªªê
l¾„Œ®ê’‰‰Œ†ˆÍ“ˆ—ˆ•Ž„“„•—‘ˆ•–­–Ž
ššš­“ˆ—ˆ•Ž„“„•—‘ˆ•–­†’
êêêêêêêêêêêêÊê êêêêêêêêêêêêêÊê Ê
m’˜‘‡ˆ‡ê Œ‘ê ¢ªªª±ê wl{lyrhê Æê
why{ulyzê ‹„–ê Š•’š‘ê Œ‘—’ê „ê ‰˜¾
–ˆ•™Œ†ˆê ‰Œ•ê šŒ—‹ê §¥ê „šœˆ•–ê „‘‡ê
–ˆ™ˆ‘ê ’‰‰Œ†ˆ–ê Œ‘ê w•„Š˜ˆ±ê i•„—Œ–„¾
™„±ê rœŒ™±ê z’‰Œ„±ê t’–†’š±ê r„—’šŒ¾
†ˆê „‘‡ê i˜†‹„•ˆ–—ê „‘‡ê ‹„–ê …˜Œ—ê ˜“êê
„ê ‹ŒŠ‹œê •ˆŠ„•‡ˆ‡ê “•„†—Œ†ˆê šŒ—‹Œ‘ê
—‹ˆêjllꕈŠŒ’‘­
wl{lyrhê Æê why{ulyzê ‹„–ê …ˆˆ‘ê
†’‘–Œ–—ˆ‘—œê •„‘Žˆ‡ê „’‘Šê —‹ˆê …ˆ–—ê
“•„†—Œ†ˆ–ê Œ‘ê —‹ˆê ˆ„‡Œ‘Šê “˜…Œ†„¾ê
—Œ’‘–ê ’‘ê —‹ˆê ˆŠ„ê –ˆ•™Œ†ˆ–ê „•Žˆ—±ê
–˜†‹ê „–ê j‹„…ˆ•–±ê sˆŠ„¥ªªê „‘‡êê
pmsy¡ªªª­
SP90520/1
12 April 11 – 17, 2011
CODE: Still a hot issue
Continued from pg 6
“According to Doing Busi-
ness 2011, in which the World
Bank each year maps the qual-
ity of the business environ-
ment in 183 countries, Slov-
akia was in 41st place, indicat-
ing that there is still huge
room for improvement,” said
Ďurana.
When it comes to identify-
ing barriers to doing business
in Slovakia, Ďurana again cited
the World Bank survey, this
time focusing on the life cycles
of small- and medium-sized
companies. The view in some
categories is not very optimist-
ic, he said.
“For example, in paying
taxes Slovakia placed 122nd,
and this is not only in terms of
height of taxes but also due to
the amount of administrative
steps that are connected with
payment of taxes,” Ďurana
said, adding that in the cat-
egory of trading across borders
Slovakia is 102nd, in particular
due to the number of forms
which businesspeople need to
fill in. Slovakia was also given
an unflattering 71st place in
the category of enforcing con-
tracts. This indicates that
businesspeople in Slovakia do
not enjoy a very simple life
when compared to large num-
bers of other countries.
According to Kičina, en-
trepreneurs continue to see
low enforceability of the law,
an ineffective social system,
corruption, red tape, the lag-
ging education system, and
the low comprehensibility of
legislation as chronic barriers
to doing business. At the end of
2010 this list of barriers was
extended by the addition of
price instability and partial
changes in compulsory con-
tributions which were re-
ceived poorly by businesses.
“These barriers are retard-
ing economic growth, con-
suming resources which could
be used for the development of
private businesses, slowing
down the creation of new jobs
and worsening the competit-
iveness of Slovakia in terms of
obtaining new investments,”
said Kičina. “Even though re-
forms in many segments are
being just prepared, partial
measures introduced by the
new cabinet have not brought
any tangible effects so far.”
Markus Halt, spokesman
for the German-Slovak
Chamber of Industry and
Commerce, pointed out to
The Slovak Spectator that ac-
cording to a current survey
among foreign investors the
most worrying barrier is not
the legislation itself but its
patchy enforcement.
“Due to inefficiencies in
Slovak jurisdiction trials are
often unnecessarily prolonged
to several years, making it
hard for businesses to realise
their claims,” Halt said. “In
practice this means they [the
claims] are written off. Further
barriers occur when particip-
ating in public tenders. The
lack of transparency in the se-
Slovakia's Labour Code should soon undergo revision. Photo: Sme
lection process is a potential
gateway for clientelism and
corruption.”
According to Halt, the law
on public procurement also
discriminates against foreign
bidders and added that labour
legislation does not provide
the flexibility businesses need
to control employment effect-
ively, saying this is particu-
larly true for arranging work-
ing hours and and in the costs
of hiring and firing.
The Justice Ministry is set
to produce a new public pro-
curement bill by June 30 and
has called on foreign cham-
bers of commerce to submit
their comments.
“We appreciate the
ministry's willingness to
listen to the concerns of for-
eign investors and its aim to
make the system more
transparent,” said Halt. “Al-
though the reform process is
still not finished, despite ini-
tial promises, we prefer a
long-term but watertight law
instead of a short-term but
faulty solution. In any case,
the law needs clearly and
strictly stipulated rules for
the bidding and selection pro-
cess. If that happens condi-
tions for more transparency
will have been laid.”
Jake Slegers, the executive
director of the American
Chamber of Commerce in
Slovakia (AmCham) also be-
lieves that public procurement
in Slovakia needs to be com-
pletely revised.
“AmCham is eager and
willing to participate in re-
view of legislation,” Slegers
told The Slovak Spectator.
Kičina says that there is
some legislation already in the
pipeline which could improve
Slovakia’s business environ-
ment. As an example, he lists
revision of the Labour Code,
which will introduce more
flexibility to labour relations.
“The fact that not just
businesses but also employees
and jobseekers will benefit
from these changes is rarely
emphasised, which is
BUSINESS FOCUS
something I regret,” Kičina
said. “Slovakia already has pos-
itive experience from a flex-
ible Labour Code when, along
with other reforms, it reduced
the unemployment rate from
20 to nearly 7 percent.”
Halt believes that there are
also other areas of legislation
that should be addressed in
order to improve the business
environment.
“Judicial reform must en-
sure that the courts work more
effectively and that proceed-
ings periods are reduced
significantly,” he said.
Corruption mentioned
again and again
Corruption is one of the
top problems affecting the
business environment in
Slovakia. Kičina acknow-
ledged that the new cabinet
declared its interest in solving
this problem right from the
start.
“The first visible solution
is the obligatory publication of
contracts by state institutions
on the internet,” said Kičina.
“Another step might be the
major amendment to the Act
on Public Procurement be-
cause this is the segment in
which business entities have
indicated the highest incid-
ence of corruption. Another
field is EU funds and subsidies.
Simplification of the adminis-
tration when submitting ap-
plications and more compre-
hensible information about
the effectiveness of the usage
of European funds may help in
the case of EU money.”
According to Kičina, re-
moval of these barriers could
enhance the business envir-
onment.
“It is not necessary to tar-
get all of them: it would be
enough to improve the situ-
ation in one or two problem
areas per year,” Kičina said. He
added that PAS had formulated
concrete recommendations
for improvement of the busi-
ness environment in a report
on the subject. “I am glad that
a number of our recommenda-
tions have also been included
in the cabinet’s four-year pro-
gramme and I believe that
these will later be translated
into legislation,” Kičina com-
mented.
According to Ďurana, the
best solution for eradication of
corruption is elimination of
the influence of the state, in
the form of removal of admin-
istrative barriers, investment
stimuli, various regulations,
and so on.
”It is the significant power
of a public official to decide
about the costs and fate of a
business entity that is the
source of corruption,” said
Ďurana. “In a healthy market
environment it is the con-
sumer who decides the fate of
a business entity."
Revision of the Labour Code
and tax system
Kičina regards the current
efforts of the Radičová gov-
ernment to revise the Labour
Code and revamp the tax and
contributions system with
some bewilderment.
“Even though these
changes are greatly needed
and businesspeople wish for a
change in the Labour Code and
reduced and simplified com-
pulsory contributions, it is
still not clear what changes
they will see,” he said, adding
that the issue of compulsory
contributions represents a
particular problem.
According to Ďurana, the
Labour Code needs changes
that will make employing and
laying people off more simple
and which will deliver more
freedom for bargaining
between the employer and the
employee. He said this would
curb the influence of the third
party – the state – in employ-
ment contracts.
German investors hope
that the government’s efforts
to amend the Labour Code will
bring some improvement in
the hiring and firing process,
and the introduction of work-
ing-time accounts in compan-
ies. But they are calling,
among other things, for fur-
ther changes, including equal
treatment of trade unions and
other institutions of employee
representation, automatic
termination of labour con-
tracts when employees reach
retirement age in order to im-
prove employment prospects
for young people, and reduc-
tion of the notice period for
vacation shutdowns to three
months in advance so that
companies can react more
flexibly to changes in demand.
“The planned reform of the
payroll tax system is intended
to reduce bureaucracy, which
is to be appreciated in any
form,” said Halt. “However,
the high payroll tax burden
remains unchanged. As a res-
ult, there will not be any signi-
ficant reduction in costs for
employers and thus business
activities will not be stimu-
lated by the reform.”
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h‘êl‰‰ˆ†—Œ™ˆêv“—Œ’‘ê
—’êp“•’™ˆêl‰‰Œ†Œˆ‘†œ
j’‘–Œ‡ˆ•Œ‘Šê—‹ˆê†˜••ˆ‘—ê„‘‡ê
“ˆ•–Œ–—Œ‘Šêˆ‰‰ˆ†—–ꒉꗋˆêŠ’…„ê
†•Œ–Œ–±ê…˜–Œ‘ˆ––ˆ–ê–—•Œ™ˆê—’ꐌ¾
‘ŒŒ–ˆê —‹ˆŒ•ê †’–—–ê —’ê Œ‘†•ˆ„–ˆê
—‹ˆê ˆ‰‰Œ†Œˆ‘†œê ’‰ê —‹ˆŒ•ê ’“ˆ•„¾
—Œ’‘–­ê ~Œ—‹ê —‹„—ê –„Œ‡±ê šŒ—‹¾ê
’˜—ê „ê —„Œ’•ˆ‡ê ˆŠ„ê —’’±ê —‹ˆê
’““’•—˜‘Œ—Œˆ–ê ‰’•ê Œ‘†•ˆ„–Œ‘Šê
—‹ˆê ˆ‰‰Œ†Œˆ‘†œê ’‰ê „ê Š•’˜“ê ’‰ê
†’“„‘Œˆ–ê ’“ˆ•„—Œ‘Šê Œ‘ê –ˆ™ˆ¾
•„ê‘„—Œ’‘„ê˜•Œ–‡Œ†—Œ’‘–ê‹„™ˆê
…ˆˆ‘ê †’“Œ†„—ˆ‡ê „‘‡ê ‹„™ˆê
Œ‘™’™ˆ‡ê„‘ꌑ—ˆ‘–Œ™ˆê„‡Œ‘Œ–¾
—•„—Œ™ˆê …˜•‡ˆ‘­ê p‘†•ˆ„–Œ‘Šœê
†’“Œ†„—ˆ‡ê šˆ•ˆê †•’––¾…’•¾
‡ˆ•êˆ•Šˆ•–ꒉꏌŒ—ˆ‡êŒ„…ŒŒ—œê
†’“„‘Œˆ–êÀꗋˆœê‹„‡ê…ˆˆ‘ꌐ¾
“ˆ‡Œ‘Šê—‹ˆê‰˜‘†—Œ’‘Œ‘Šê’‰ê—‹ˆê
–Œ‘Šˆê„•Žˆ—ꒉꗋˆêl˜•’“ˆ„‘ê
j’˜‘Œ—œ­ê{‹Œ–ꌖ–˜ˆêš„–ꄇ¾
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’‰ê kŒ•ˆ†—Œ™ˆê ¢ªª¥½¥¦½ljê ’‰ê
—‹ˆê l˜•’“ˆ„‘ê w„•Œ„ˆ‘—ê „‘‡ê
’‰ê —‹ˆê j’˜‘†Œê ’‰ê ¢¦ê v†—’…ˆ•ê
¢ªª¥ê’‘ꆕ’––¾…’•‡ˆ•êˆ•Šˆ•–ê
’‰ê ŒŒ—ˆ‡ê Œ„…ŒŒ—œê †’“„‘Œˆ–ê
µ—‹ˆê kŒ•ˆ†—Œ™ˆµÃ±ê „–ê „ê ‰˜•—‹ˆ•ê
–—ˆ“ê —’š„•‡–ê Œ‘—ˆŠ•„—Œ’‘ê „‘‡ê
‹„•’‘Œ–„—Œ’‘ê ’‰ê †’•“’•„—ˆê
„šêšŒ—‹Œ‘ê—‹ˆêj’˜‘Œ—œ­
ê j•’––¾…’•‡ˆ•ê ˆ•Šˆ•ê •ˆŠ¾
˜„—Œ’‘ê š„–ê —•„‘–“’–ˆ‡ê Œ‘—’ê
z’™„Žê „šê …œê h†—ê ¦¥§½¢ªª§ê
j’­ê „ˆ‘‡Œ‘Šê —‹ˆê j’ˆ•¾
†Œ„ê j’‡ˆ±ê ‰˜œê —•„‘–“’–Œ‘Šê
—‹ˆê kŒ•ˆ†—Œ™ˆ­ê ~ˆê „•ˆê “ˆ„–ˆ‡ê
—’ê •ˆ“’•—ê —‹„—ê —‹ˆê ‰Œ•–—ê †•’––¾
…’•‡ˆ•ê ˆ•Šˆ•–ê ‹„™ˆê …ˆˆ‘ê
–˜††ˆ––‰˜œê†’“ˆ—ˆ‡êŒ‘êz’¾
™„ŽŒ„­êp‘ê–’ˆê’‰ê—‹ˆ±êz’™„Žê
†’“„‘Œˆ–ê ‹„™ˆê …ˆ†’ˆê —‹ˆê
„†”˜Œ•Œ‘Šê †’“„‘Œˆ–ê ’‰ê ‰’¾
•ˆŒŠ‘ê —•„‘–‰ˆ••Œ‘Šê †’“„‘Œˆ–­ê
{‹ˆê “•’†ˆ‡˜•ˆ–ê „‘‡ê –˜††ˆ––¾ê
Œ’‘ê ’‰ê Œ‘‡Œ™Œ‡˜„ê –—ˆ“–ê ’‰ê
†•’––¾…’•‡ˆ•êˆ•Šˆ•–ê„•ˆê„ŽŒ‘ê
—’ê ‘„—Œ’‘„ê ˆ•Šˆ•–­ê mŒ•–—±ê
‡•„‰—ê —ˆ•–ê ’‰ê „ê †•’––¾…’•‡ˆ•ê
ˆ•Šˆ•ê˜–—ꅈꓕˆ“„•ˆ‡ê„‘‡ê
—‹ˆê‡•„‰—ê—ˆ•–ꐘ–—ꅈꆒ¾
’‘ê ‰’•ê „ê †’“„‘Œˆ–ê “„•—Œ¾
†Œ“„—Œ‘Šê Œ‘ê —‹ˆê †•’––¾…’•‡ˆ•ê
ˆ•Šˆ•­ê {‹ˆ•ˆ„‰—ˆ•±ê —‹ˆê ‡•„‰—ê
—ˆ•–ê „•ˆê —’ê …ˆê “˜…Œ†Œ–ˆ‡ê Œ‘ê
—‹ˆê Œ‘™’™ˆ‡ê ˆ…ˆ•ê –—„—ˆ–­ê
z˜…ˆ†—ê —’ê “ˆ•‰’•„‘†ˆê ’‰ê „ê
’—‹ˆ•ê–—„—˜—’•œê†’‘‡Œ—Œ’‘–ê„‘‡ê
„‰—ˆ•ê ‹„™Œ‘Šê ’…—„Œ‘ˆ‡ê „““•’¾
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‰’•ê “•ˆ–†•Œ…ˆ‡ê ‰’•ê —‹Œ–ê —œ“ˆê
’‰ê†•’––¾…’•‡ˆ•êˆ•Šˆ•êŒ‘ꈄ†‹ê
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h‰—ˆ•ê—‹„—±ê—‹ˆê†’“ˆ—ˆ‘—ê‘„—¾
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OPEN: President opposes vote change
Continued from pg 1
“This is one of the most
shameful votes in the history
of the Slovak Parliament and
it only proves how these gen-
tlemen who are sitting in the
ruling coalition are capable of
anything in the name of
power, [by] taking over the Of-
fice of the General Prosecutor,
and persecution and criminal-
isation of the opposition,”
Fico said, as quoted by the
public broadcaster Slovak
Television on April 5.
Fico’s former coalition
partner, Slovak National Party
(SNS) leader Ján Slota, said the
change was an unconstitu-
tional step.
However, leading com-
mentators cast doubt on
their claims.
“A public vote is just as
democratic as a secret ballot;
there isn’t much difference in
that,” political scientist
Miroslav Kusý told The Slovak
Spectator. “Both ballots have
their plusses and minuses.”
Political scientist and
president of the Institute for
Public Affairs (IVO) Grigorij
Mesežnikov told The Slovak
Spectator that Smer’s reasons
for attacking the ruling coali-
tion are false and “perhaps
fuelled by the fear that the
new general prosecutor will
start investigating some cases
that had been shelved by the
previous general prosecutor”.
“This is where I see the
cause of Fico’s current
aggressiveness,” Mesežnikov
said. “I do not see any other
reason.”
Earlier this year, Fico said
that he would not respect a
general prosecutor who had
been selected by means other
than a secret ballot. Justice
Minister Lucia Žitňanská re-
sponded that refusing to re-
cognise a general prosecutor
selected by parliament in a
public vote would represent
an outrageous disregard for
democratic rules.
Žitňanská argued in late
March that a public vote in a
parliamentary democracy is
one way for voters to observe
how their elected representat-
ives use the mandate they
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Smer MPs protested against the rule change.
have been given. She added
that a public vote is forbid-
den only in specific instances
stipulated by the constitu-
tion, and that the general
prosecutor vote is not such
an instance.
“Therefore I consider an
open vote to be an absolutely
democratic tool and it is up to
deputies whether they opt
for an open or a secret vote,”
she said, as reported by the
SITA newswire.
Meanwhile, President
Ivan Gašparovič, speaking
through his spokesperson
Marek Trubač, said that he
believes the general prosec-
utor should continue to be se-
lected via a secret ballot, ar-
guing that this allows depu-
ties to vote based on their
consciences and not orders
from party headquarters.
Gašparovič might therefore
veto the law and return it to
parliament, the Sme daily
reported.
Why make the vote public?
For a general prosecutor to
be selected by MPs he or she
must win a majority of those
present in parliament. In the
first, secret, round of voting
for the next general prosec-
utor, which was held in early
November 2010 and involved
147 MPs, the incumbent,
Dobroslav Trnka, received 70
‘yes’ votes and 60 ‘no’ votes,
with 17 deputies abstaining;
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Photo: SITA
Mária Mišíková, backed by the
governing Christian Demo-
cratic Movement (KDH), Free-
dom and Solidarity (SaS) and
Most-Híd, had the support of
49 MPs and was opposed by
84, with 14 abstaining; while
Ján Hrivnák, nominated by
the governing Slovak Demo-
cratic and Christian Union
(SDKÚ), was supported by 28
MPs, with 98 votes against
and 21 abstentions. SDKÚ MPs
then caused the run-off
between Mišíková and Trnka
to end inconclusively by re-
gistering for the ballot but not
casting any votes, ensuring
that neither candidate re-
ceived a majority among the
MPs present.
Tensions emerged within
the ruling coalition after it
failed to get Jozef Čentéš, the
joint candidate it sub-
sequently agreed on, selected
as general prosecutor at a
secret ballot on December 2.
In that vote, at least six coali-
tion deputies used their an-
onymous votes to side with
Fico’s Smer party and back
Trnka. This was despite Prime
Minister Iveta Radičová say-
ing that she would resign if
Trnka won.
Their attempt failed, by
one vote, but the move
prompted a round of claim
and counter-claim within the
coalition at what seemed to be
an internal plot to unseat the
prime minister.
On December 7 the ruling
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coalition parties deliberately
executed another failed vote
in order to allow time to
change the voting rules to
make MPs’ votes public. A day
before the December 7 vote,
the leaders of the four parties
agreed that their MPs would
take ballots but not cast them,
ensuring that Trnka would
not receive the support of a
majority of the MPs present.
Kusý noted that the
change to the voting proced-
ure had occurred after the rul-
ing coalition failed to select a
general prosecutor, but added
that “in politics all changes
are made with a specific
purpose”. He said he does not
see politics affecting the actu-
al position as a result of the
change in voting process used
to select its occupant.
“Of course it is a political
matter and it is understood
as a highly political issue:
this is why there is so much
importance attached to it,”
Kusý said.
Mesežnikov said that
even though changing the
secret ballot to a public vote
was driven by a specific pur-
pose, it is still legitimate and
is in line with the concept of
a free mandate.
“Most of the votes in the
Slovak Parliament are public,
which means that the free ex-
ecution of the mandate will
not be endangered in any way
at all by making deputies vote
publicly; this is how it hap-
pens in the case of many
laws,” said Mesežnikov.
As for Smer’s attitude to-
wards the vote, Kusý says that
Fico tends to turn everything
into a campaign and is using
this issue as a chance to attack
the ruling coalition and thus
increase his political support.
“The change provided him
with a good reason to attack,”
Kusý concluded.
The ruling coalition has
agreed that it will again pro-
pose Čentéš for the post of
general prosecutor when MPs
next vote on the issue, al-
though it is not yet clear when
that will be.
Michaela Terenzani
contributed to this report.
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FIRM: Differences
exist within EU
Continued from pg 8
A similar principle is im-
plemented in other
European countries with
some differences and excep-
tions. For instance in Dutch
law civil law notaries, tax
advisers and patent-repres-
entatives may also particip-
ate as partners, while in
France no restrictions exist
on non-advocates participat-
ing in law firms.
With regards to limits on
competitive practice, the
advocate may in accordance
with Slovak law practise ad-
vocacy only in one form spe-
cified as a method/form of
advocacy practice. It means
that the possibility of a cu-
mulative advocacy practice
offering different forms at
the same time is strictly ex-
cluded, with the exception
of eventual agreement
between advocates that are
practising advocacy jointly
in association, general part-
nership, limited partnership
or a limited liability com-
pany, to enable temporary
individual provision of legal
services in one specific case
or several predefined cases.
A similar limitation can be
found in Czech law, for in-
stance, while for the most
part similar explicit limita-
tions do not exist in some
other European countries.
Juraj Gyarfáš and Mar-
tin Magál: Conditions for
entry to the market for law
firms are more or less har-
monised with other EU
Legal work differs a bit from country to country.
+ €7
+ €3
+ €7
5%
7,5%
15%
April 11 – 17, 2011 13
countries. Relations
between international and
local offices as well as the
Slovak Bar Association are
fair and proper and signific-
antly better than, for ex-
ample, 10 years ago. It would
be advisable to increase the
level of rendered services
and protect clients’ interests
by enforcing stricter observ-
ance of professional regula-
tions.
Ľubomír Leško: The
conditions for operating law
firms in Slovakia are in gen-
eral similar to those in other
EU countries. The differ-
ences relate to trends and
developments in the particu-
lar national markets. The
legal market in Slovakia is
relatively small. The with-
drawal of several big inter-
national law firms from the
region or significant reduc-
tions in their activities have
been observed recently.
Smaller and medium-sized
firms tend to prevail.
Vladimír Kordoš: Ren-
dering legal services in Slov-
akia differs from rendering
legal services in Germany,
particularly in that signific-
ant legal uncertainty is
present due to the absence of
constant jurisdiction in
many sectors of law. That
means, on one side, that the
lawyer must rely on himself
or herself to a greater extent;
however, on the other side a
lawyer has more freedom to
search for creative solutions
to legal issues when prac-
tising his or her profession.
Photo: Sme
2
14 April 11 – 17, 2011 CULTURE / OPINION
Western SLOVAKIA
History hidden in names Bratislava
l LIVE MUSIC: Bratislava-
based band Longital celebrate
EVENTS COUNTRYWIDE
HISTORY TALKS
their 10th year by holding a
concert, with guests Martin
Zajko and Ajdži Szabo; the
supporting band is Šramot.
Starts: April 14, 19:00; Ma-
IT IS FASCINATING how much the names of lá Scéna Theatre, Dosto-
towns and villages can reveal about their his- jevského rad 7. Admission: €6.
tory. In the case of Zlaté Moravce, it is ancient Tel: 02/2042-0020; www.
history. It takes us back to the 9th and 10th cen- malascena.sk.
turies: the period when the Great Moravian Bratislava
principality spread over much of what is now l FOLKLORE DANCE:
Slovak territory. The old Slavonic state perished Tanečný dom / House of Tradi-
at the beginning of the 10th century but its ex- tional Dance – The latest
istence is commemorated to this day through workshop teaching Slovak
many titles and names. folklore dance will take place
For example, Moravany nad Váhom recalls a in Bratislava’s new cultural JAPANESE singer and multi-instrumentalist Shugo Tokumaru,
strategic ford on the way from a key Great- centre. Muzička and M. Noga famous for using more than one hundred traditional instru-
Moravian centre, Nitra, towards present-day will play and the Dragúni folk- ments, has started a European tour following the success of his
lore group with V. Michalko
Moravia. Zlaté Moravce stood at a crucial cross- Port Entropy album – and now comes to Slovakia to play on April
and F. Merong will demon-
roads on the route leading from the east to Ni- strate how to dance the Čikó 16 at 20:00 in the recently-open KC Dunaj cultural centre, Ned-
tra. The crossroads are ‘Zlaté’ – i.e. golden – be- čardáš from Zvolenská Slatina. balova 3 in Bratislava. Tickets cost €7 in advance, or €9 on the
cause of the garrison that used to dwell there, Starts: April 14, 19:00; KC door, and can be purchased through www.tixy.sk.
guarding a region rich in gold ores. The fact that Dunaj, Nedbalova 3. Admis- Photo: Courtesy of KC Dunaj
gold was mined here is also recalled by the name sion: €3.50. More info:
of the nearby municipality of Zlatno. www.kcdunaj.sk. third and most extensive col- l OPERA: Indigo - Johann
In the closer and more distant surrounds of lection of photographs by Na- Strauss – This comic operetta
Nitra there are other municipalities whose stone breakers and crushers whose products Bratislava tional Geographic far shown in three acts played in the
l EXHIBITION: Busta Jozefa in Slovakia represents the Slovak language is reaching
names commemorate the livelihood and occu- were then used for the construction of roads and Pollaka – The Bratislava City creme de la creme of pictures the end of its run: this is the
pation of ancient local inhabitants. walls or fortifications. And the name Malanta, Gallery (GMB) exhibits a rare from the “dark continent”. last chance to see it.
In Nitranske Hrnčiarovce, there used to for example, echoes the name of a magnate of bust of Jozef Pollak made by Open: daily 10:00-19:00 Starts: April 14, 18:30; State
work hrnčiari (potters) producing vessels cater- Slavonic origin who lived to the north of Nitra. famous sculptor Viktor Tilgn- until May 15; Gallery of the Opera, Národná 11. Admission:
ing for the needs of Nitra Castle. In Štitáre, spe- This postcard from the 1920s features the er lent to the gallery by Slovak Union of Visual Arts, €3.50-€5. Tel: 048/ 2457-101;
cialised craftsmen created štíty, or shields, for church in Zlaté Moravce, painted by artist Jozef Pollak’s heirs in the USA. Dostojevského rad 2. Admis- www.stateopera.sk.
the army. The historical name of Krškany gives Holoubek. Open: Tue-Sun 11:00-18:00 sion: €2-€3. More info:
away the fact that this used to be a village of By Branislav Chovan until April 17; Pálffy Palace, www.svu.sk. Banská Bystrica
Panská 19. Admission: €2-€4. l LIVE WORLD MUSIC: Pri
Tel: 02/5443-3627; Nitra prastarom dube / By the An-
www.gmb.sk. l EXHIBITION: Where did this cient Oak – A concert by the
The ethics in aesthetics! Bratislava
l EXHIBITION: Tradície a
Christmas Tree Come From? –
The combined multimedia
projects of Eva Shemba
world/folklore/traditional yet
untraditional Slovak band
Žiarislav a bytosti brings an-
titles accorded to made-up vízie Ľubice Poncik / Tradi- Janovská (who is also the cur- cient as well as less traditional
manikins, or maybe their tions and Visions of Ľubica ator), A.Huťková, H. Bratová, instruments and polyphonic
BY JOHN S. GRIONI Poncik – The ÚĽUV Centre for L.Voda Balleková, Javá, J. singing combining Carpathi-
Special to the Spectator “fitters”? Why not then Flower
Shows with petals stuck and Folk Art Production presents Kučová, D. Gershom strive to an music with a unique flair.
an exhibition by this textile find the individuality and true Starts: April 14, 18:00;
glued on. There should be artist and designer at the core of a human being, thus Town Hall, SNP Square 1. Ad-
NOW hear this, and believe it! tight controls against any arti- Slovak Government Office; showing the diversity of per- mission: €3.50 (in advance) or
Though foolish, since it fice in competitions. One can- the exhibition is focused on ception, not only of art but €5 (on the door). Tel: 0850/
matches the times we are go- not go this far without stum- traditional textiles and folk also of other notions and phe- 003-004 (ticket sales), www.
ing through. What is – or thus bling, which is what the or- embroidery. nomena. pkobb; www.kisbb.sk.
far used to be – more genu- ganisers did that very night. Open: Weekdays until Open: Tue-Sun 10:00-18:00
inely “real” than beauty con- Would it not be more co- April 30; Government Office, until May 1; Bunker / Nitri- Eastern SLOVAKIA
tests, since Venus won years herent instead to have a Námestie slobody 1. Admis- anska galéria, Župné námestie
back, apparently in the nude? “Coiffeur” there varying the sion: free. More info: 02/5273- 3. Admission: €0.50-€0.70. Tel: Košice
Perfect Misses? Photo: SITA
1349; www.uluv.sk. 037/6579-641-3; www. l PHOTO-EXHIBITION: V
No cheating absolutely pos- hairdressings, tediously let nitrianskagaleria.sk. tieni Tretej ríše / In the Shad-
sible, having it all exposed to taste explicitly revealed was down for everyone thus con- Bratislava ow of the Third Reich – Official
the last inch! And what is definitely incongruous for the cealing half of head, neck, l EXHIBITION: Afrika - Central SLOVAKIA photographs of the wartime
“real”, is… real. Nature shown occasion, not to say, at the back and shoulders (!), as divočina v srdci / Africa - Wil- Slovak State between 1939 and
naked at its best, unaltered, least, disrespectful. If the se- much as veils obstructing derness in the Heart – The Banská Bystrica 1945 show, as part of the 12th
chosen, filtered, with a capital lected few are still nonethe- other views; or a society por- Year of the Week of Slovak Lib-
N, nor Naturism. less “censurable”, let alone traitist, an aesthete, a philo- raries, and the DOCsk festival
Well, things seem to have what the rest might expect… sopher maybe, or a poet? An of documentaries, pictures
changed indeed these last few And nor, “le clou du appreciator, not a re-maker. from a controversial period in
Slovakia’s history.
years, and alas for the worst. spectacle”. A surgeon – yes – Besides cosmetics, garments, Open: Mon-Fri 8:00-17:30
Besides the talent bouts re- come from abroad as “stays”, unstyled manes until April 21; FotoGaléria No-
quested of the ladies – or stu- “corrector” more than as masking features, etc., now va, J. Bocatio Public Library,
dents, rather, according to juryman was filmed in inter- we have, or risk having, sur- Hlavná 48. Admission: free.
their age – whilst the pa- views advocating gical intrusion too plotting to Tel: 055/6223-291; www.
geantry alone, being the ob- “amendments” upon the ap- fool our sight with (presum- vkjb.sk.
ject of the event itself, would pointed candidates (the ably) invisible “retouching”.
be a commendable presenta- beauty queens, that is) to the By George, what a ball! Smižany
tion displaying them as a excess of – God forbid! – Adulterations are not just l EXHIBITION: Vajíčko
maľované, z lásky darované /
parade of statues “in the “virtual” alterations by blown- for food… What else is real Painted Egg, Given with Love –
round”, to the best up lips, inflated bosoms, false where Beauty is also “faked”? An exhibition of decorated
advantage… - at the Slovak noses, ear-laps, and further Thanks Doc for the inspir- Easter eggs from the
screening these days (begin- “interventions” who knows ing idea. But girls, keep as you JAZZ grouping Štefan “Pišta” Bartuš & JazzBrothers (Bartuš on museum’s collection, plus
ning March and beginning where, supposedly conform- are – don’t spoil your looks, double bass, Michal Bugala on guitar, Klaudius Kováč on piano those made by pupils of the
April) for the “Miss Universe” ing to their “dreams”. Can you and guard your skin from and Peter Solárik on drums) present their works during a 33rd local Elementary Artistic
occurrence, it was tactlessly imagine anything quite so ab- scars. You need not change! Birthday Tour. Their tour guest is famous US saxophone player School of D. Štrauch.
asserted that “plastic surd and untimely at a glam- Frank truth is better than Andy Middleton. A series of five concerts begin on April 12 at Open: Mon-Fri 8:00-16:00
surgery”, of all things – be- orous show, where gorgeous swindle; so let’s forget the 19:00 in Club Orava in Lučenec, with other gigs in Nitra, until April 30; Ethnography
Museum, Krátka 5. Admis-
lieve it or not – could (would, ex-Misses were present? How “smear”. You can compare the Piešťany and Bratislava. Their music fuses latino, classical and
sion: €0.50-€1. Tel: 0917/746-
should?) be or become a prize- conceitedly unfitted may any- two Slovak beauty pageants, free music, and leaves a lot of space for improvisation. For more 336; www.muzeumspisa.com.
winning trick in such races: one be! It was really beyond Miss Universe and Miss Slov- information, please visit www.skjazz.sk.
which apart from the bad words… What next: Beauty akia, in this respect. Photo: A. Middleton, Courtesy of Š. Bartuš By Zuzana Vilikovská

N A M E D A Y A P R I L 2 0 1 1
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Weather updates and forecasts from across Slovakia Július Estera Ale‰ Justína Fedor Dana, Danka Rudolf
Danica
can now be found at www.spectator.sk.
April 11 April 12 April 13 April 14 April 15 April 16 April 17

A Slovak’s name day (meniny) is as important as his or her birthday. It is traditional to present friends or co-workers with a small gift,
In cooperation with the Slovak Hydrometeorological Institute such as chocolates or flowers, and to wish them Všetko najlepšie k meninám (Happy name day)
 CULTURE
National Gallery's
struggles continue
ON MARCH 1 the Slovak Na-
tional Gallery (SNG) in Bratis-
lava, the most prominent
visual arts institution in Slov-
akia, passed a very sad tenth
anniversary. On March 1, 2001
the gallery’s exhibition area
known as ‘the bridging’ was
ordered closed because of its
poor condition. Since then no
action has been taken to re-
pair the bridging or otherwise
renovate the SNG’s premises,
except the renovation of the
SNG's Esterházy Palace, even
though two design competi-
tions for an overall revamp of
the gallery have been held.
After the second competition
in 2005, a winning design
was announced, detailed
plans were prepared and
French film legends Catherine Deneuve and Gérard Depardieu star in Potiche (above), which will get an opena-air screening in construction permits were
Hviezdoslavovo Square in Bratislava on April 15 as part of the International Francophone Film Festival. Photo: Courtesy of FIFFBA even obtained. Nevertheless,
the poor condition of the
building remains unchanged
April 11 – 17, 2011 15
the project planned to open
the rather encapsulated
building by connecting it
with Bratislava’s pedestrian
zone. Construction costs, at
2005 price levels, were calcu-
lated at €35 million, includ-
ing VAT. But the modernisa-
tion project was scrapped in
2009 because of the economic
crisis and a lack of funds.
“Everybody is talking
about the deteriorating
bridging, and they are right,”
said Alexandra Kusá, the cur-
rent director-general of the
SNG. “But over these past 10
years, the bridging has be-
come our smallest problem.”
Kusá said the SNG moved
its artworks into temporary
warehouses so that the cur-
rent galleries could be refur-
bished but added that after
five years even the best provi-
sional space is no longer ac-

Francophone Film and the SNG’s director-gen-

eral says the closing of the
bridging is now only one of
several serious problems fa-
cing the gallery.
ceptable. She noted that the
SNG building also lacks amen-
ities that modern galleries
should have, such as a café,
space for cultural events, and

Festival hits Bratislava “From the viewpoint of

the elapsed 10 years I regard
the decision to close the
bridging rather romantic-
ally; but at that time it was a
similar accoutrements.
“We want nothing
special,” Kusá emphasised to
The Slovak Spectator.
Kusá and Bajcúrová be-
and film crew members. The pragmatic step,” Katarína lieve that a big problem fa-
French actor main guest of the event is the Bajcúrová, the SNG’s direct- cing SNG’s management is
Louis Garrel is young French actor Louis Gar- or-general in 2001, said as the amount of time and en-
rel, primarily known for his she recalled water seeping ergy that is undertaken after
among the guests appearance in Bernardo down onto a painting by each parliamentary election
Bertolucci’s The Dreamers. Mikuláš Galanda, a promin- to persuade the incoming cul-
In addition, with the fest- ent Slovak artist . ture minister and new cabin-
ival having the ambition to Even though the et about the gallery’s needs.
BY DOMINIKA enable dialogue between film bridging, designed by Slovak “We have a very low
UHRÍKOVÁ professionals and audiences, architect Vladimír Dedeček, awareness not only of cultural
Spectator staff
the organisers have prepared had been highly appreciated needs and culture itself, but
a public panel discussion fo- as a work of art in itself, also a low awareness of the
cused on the dismal situation which provided excellent need for cultural continuity,”
ON TOUR, a comedy by Math- of Slovak art-house cinemas. light conditions for exhibi- said Bajcúrová. “Each phase of
ieu Amalric that followed an The discussion will take place tions, changes in the project’s our efforts crashed on the
American troupe of real-life at the VŠMU Film & TV Fac- materials and poor-quality administrative hydra, which
burlesque dancers as they ulty at Svoradova Street on construction made it im- by the time it accepted the
toured French port cities, will April 14 at 18:30. possible to maintain a stable idea of modernisation was
mark the April 13 opening of According to Guillaume temperature and humidity. already leaving office.”
the 13th year of the Interna- Robert, cultural counsellor at Later the bridging’s roof Kusá perceives interest
tional Francophone Film Fest- the French Embassy in Slov- began to leak and “the water from Daniel Krajcer, the cur-
ival (FIFFBA). akia and director of the was always looking for new rent culture minister.
The five-day event held in French Institute, the FIFFBA routes and thus it was im- “At the moment I must
Bratislava between April 13 has become “one of the most possible to predict which say that our communication
and 17, co-organised by the important cultural rendez- artwork would ‘get hell’ with the current Culture Min-
FIFFBA association and the vous between Slovakia and next”, Bajcúrová said. istry in terms of reconstruc-
French Institute in Bratislava, France” over the 13 years of The international jury for tion has revived and is relat-
will screen around 30 feature its existence. the second competition chose ively intensive,” Kusá said. “I
and short films partly or en- “One of the many things a project offered by the BKPŠ assume that the ministry is
tirely produced in France or the two countries have in architectural studio for an looking for ways to secure the
French-speaking countries A scene from the film Heartbeats. Photo: Courtesy of FIFFBA
common is the desire to sup- overall reconstruction and necessary finances as the
such as Switzerland, Belgium, port contemporary arts and modernisation of the project is too big to be covered
Morocco and Tunisia. Those will take place simultan- London only to be exhibited encourage people to express gallery’s premises facing the from the ministry's budget.
who do not understand French eously at the VŠMU Film & TV there in a humiliating carni- themselves through culture,” Danube embankment. With Maybe if we could hold an ice
need not despair – all movies Faculty, Mladosť Cinema and val show; Xavier Beauvois’ Robert told The Slovak Spec- the aim to create a multifunc- hockey championship in the
will be subtitled in both Slovak the Slovak National Gallery. award-winning Of Gods and tator. tional gallery meeting 21st- gallery then we would have
and English. As Porubanová further Men, about the 1996 mas- “It is therefore only natur- century European standards already been reconstructed.”
The atmosphere of the stated, a cherry on top will be sacre of French Trappist al that we have joined to pro- while respecting Dedeček’s
festival, which typically at- the April 15 screening of monks living in a monastery mote interest in cinema by of- original architectural ideas, By Jana Liptáková
tracts several thousand visit- Potiche, a comedy by François in Algeria; and Heartbeats, a fering the local audience a
ors, will be different from the Ozon about the submissive love drama by Canadian dir- programme of the highest
previous editions, as the FIFF- wife (Catherine Deneuve) of a ector Xavier Dolan. quality, which blends a great
BA is changing venues to rich industrialist (Gérard De- Insomniacs and those who cultural variety. I know we
reach an even wider audience, pardieu) who runs his um- are too busy to watch movies have just entered the second
its organisers said. brella factory with an iron during the day can also look decade, but I cannot help look-
“We are confident that fist. This movie will be shown forward to an all-night film ing forward to celebrating the
our fans will appreciate that, in Hviezdoslavovo Square, marathon held at the Mladosť festival’s 20th birthday.”
for the first time in years, the under the open sky. Cinema that starts at 23:00 on Admission to individual
FIFFBA takes place in town Other films in the pro- Friday night, April 15, and fin- screenings is €3. A festival
instead of at the cineplexes,” gramme include Black Venus ishes shortly after 7:00 on Sat- pass is €15 if purchased before
Eva Porubanová, the festival’s by Abdellatif Kechiche, relat- urday morning. April 13 and €20 if purchased
artistic director, told The ing the real story of a black Throughout the festival, after that date. More informa-
Slovak Spectator. domestic servant who left several films will be presented tion on the festival is available
In fact, the screenings her native South Africa for in person by their directors at www.fiffba.sk. The empty bridging gallery. Photo: Courtesy of Daša Barteková
16 April 11 – 17, 2011
Slovakia’s oldest
magazine turns 90
THE FIRST
1
event of a
year-long cel-
ebration of
the 90th an-
niversary of
the magazine Krásy Slov-
enska (The Beauties of Slov-
akia) was an exhibition ded-
icated to its illustrious his-
tory held on February 24 in
the Slovak Museum of
Nature Protection and Spele-
ology in Liptovský Mikuláš.
The magazine’s current
editor, Daniel Kollár, said
this is a symbolic place as the
first issue of Krásy Slovenska
was published in the town in
1921 thanks to the personal
resources of Miloš Janoška, a
hiking enthusiast and pro-
moter of nature.
“It is the oldest magazine
published continuously in
Slovakia. At the opening of
the exhibition, we recog-
nised important personalit-
ies from among Liptov hikers
and tourists and also con-
tributors who can be mostly
credited for the magazine’s
Back issues of the venerable Krásy Slovenska.
AROUND SLOVAKIA compiled by Zuzana Vilikovská from press reports
improvement and deve-
lopment,” Kollár told the
TASR newswire. These indi-
viduals included Janoška’s
daughter, Ľuba Kostková,
photographer Karol Špánik
and one of Slovakia’s most
prominent speleologists,
Anton Dropa, age 91.
The exhibition presents
the 90-year history of the
magazine both chronologic-
ally and thematically on in-
dividual panels covering is-
sues such as environmental
protection, hiking, spele-
ology, climbing and tourism.
After its run in Liptovský
Mikuláš
travels
the
to
exhibition
Trnava,
Topoľčianky, Orava and oth-
er regions of Slovakia.
Kollár added that the
magazine’s existence is ex-
ceptional in a wider context
as there is probably no other
periodical in Europe special-
ising so systematically in
promoting a country’s nat-
ural beauty, its cultural and
natural monuments and its
national heritage.
Photo: SITA
FEATURE
A guide dog in action on a Slovak train.
Slovaks give generously
to train guide dogs
SLOVAKS last
2
year donated
almost €8,400
to support the
training of
guide dogs to
assist visually impaired per-
sons.
“The funds from public
donations are used for the
purchase, upbringing and
training of guide dogs,”
Jarmila Virágová, the head
of the Guide Dog Training
School, a department of the
Slovak Blind and Partially
Sighted Union, told the SITA
newswire.
The civic organisation
(Únia nevidiacich a a special account for this
slabozrakých Slovenska, UN-
SS) also uses some of the dona-
Ice hockey stamps now available
THE ENTHU-
3
SIASM sur-
rounding the
upcoming Ice
Hockey World
Championship
has entered Slovakia’s phila-
telic world.
On March 25, Slovenská
Pošta (Slovak Post) residing
in Banská Bystrica issued
two postage stamps dedic-
ated to the championship.
The first stamp depicts a
goalie and the second stamp
features famous Slovak for-
ward Pavol Demitra scoring a
goal during a solo attack.
“Slovak Post supports our
national hockey team and we
have participated in the pre-
parations [for the champion-
ship] by issuing hockey post-
age stamps. Fans will be able
tions to provide social con-
sultancy and rehabilitation to
individuals in need of these
services. UNSS was estab-
lished in 1990 with the object-
ive of improving the quality of
life of visually impaired Slov-
aks and to give partially
sighted and blind citizens an
opportunity to live full lives.
“The collection of volun-
tary contributions is made
via 50 collection boxes that
haves replicas of guide dogs
on them in locations avail-
able to the general public
across all of Slovakia. The
second kind of contribution is
a voluntary donation sent to
purpose,” said Jozef Zbranek,
UNSS’s coordinator of the
to delight their friends with a
greeting with an original
postage stamp,” Bela
Lisáková, head of Slovak
Post’s external and internal
communication department,
told the media.
This is the fifth postage
stamp issued by Slovakia in
connection with the Ice
Hockey World Champion-
ships. Along with the two
stamps, the postal service
also issued a first day cover
(FDC) postmarked March 25,
2011, with Bratislava as the
domicile.
The FDC portrays a Slovak
ice hockey player with his
hockey stick and a puck on
the ice. Painter Igor Belica
created the artistic design of
the postage stamps and the
first day cover.
Slovak
wins in
Morocco
SLOVAKIA can now boast of
a woman golfer winning a
title in the prestigious
Ladies’ European Tour.
Zuzana Kamasová, 32,
achieved her winning
round on April 3 at the Lalla
Meryem Cup in Morocco
when she overcame French
golfer Alexandra Bonetti by
two strokes as well as beat-
ing third place Caroline
Masson from Germany, the
Hospodárske Noviny daily
wrote.
She improved markedly
from her previous best –
ninth place at a tournament
in China three years ago.
She was able to take part
Photo: TASR in the recent tournament
only by invitation since she
had lost automatic entry
due to poor results last year.
Her victory brought a
€40,000 payday.
donation programme, who
added that the contributions
assist blind and partially
sighted persons by making
their everyday lives easier
and permitting easier move-
ment outside their homes.
Zbranek said a guide dog is
an irreplaceable aid in helping
a visually-impaired person
become oriented in space and
to move about, leading a fuller
life without being reliant on
help from other people.
The Guide Dog Training
School, which is accredited by
the International Guide Dog
Federation, annually organ-
ises the fundraising pro-
gramme. More information is
available at their website: Golfer Zuzana Kamasová
http://unss.sk/en2. with her prize. Photo: TASR
Slovak Post's new hockey-themed stamps. Photo: Courtesy of SP