Is it possible to amend or revoke a decision on amnesty?
DOI:
https://doi.org/10.46282/hti.2011.3.2.1272Abstract
In the constitutional system of the Slovak Republic amnesty is accepted as an inevitable tool to balance tension which is an inseparable part of each legal state. Recently revocation of so-called "Amnesties of Mečiar" from 1998 has become the actual issue in Slovakia, for which my article tries to find the answer. The article is aimed at disclosing various opinions from leading lawyers, politicians and general public. It tries to find the truth from a legal point of view: Is it possible to amend or revoke a decision on amnesty? The answer can be found in interpretation of Article 102, para. 1 letter j) (previously i)) of the Constitution of the Slovak Republic. In the decision No. I. ÚS 30/99, the Constitutional Court held that a decision on amnesty is from the day of its publication in the Collection of Laws of the Slovak Republic binding and cannot be narrowed, extended or in any other way amended or revoked. The end of the article focuses on the possible solutions de constitutione ferenda so that amnesty can maintain its purpose as an institute demonstrating good will and forbearance.