Recodification of Public Construction Law in the Slovak Republic

Recodification of Public Construction Law in the Slovak Republic Presented by: Prof. Dr. Škrobák Date: April 27, 2025 Recodification Of Public Construction Law In The Slovak Republic - 2022 • Act No. 200/2022 Coll. on spatial planning (AoSP) • Act no. 201/2022 Coll. on construction (AOC) • Originally: entry into force was supposed to be April 1, 2024 • Entry into force of the AoC was postponed to April 1, 2025 (apparently not going to happen...) • Only the new AOSP entered into force on April 1, 2024 New features regarding SEA in the new AoSP - In contrast to the previous legal regulation (Act No. 50/1976 Coll.), the new law clearly regulates: • the links between the process of creating spatial planning documentation and the process of SEA • competences of the SEA assessment body in the process of creating spatial planning documentation - (under the original legal regulation, this „connection" was regulated "only on one side" - it was the law no. 24/2006 Coll. on environmental impact assessment and amendments to some laws (EΙΑΑ)) Status Of The Public And Natural Persons And Legal Entities (under AoSP) - In principle strengthening the position of land and construction owners (e.g. Regulation of suggestions for updating spatial planning documentation and regulation of the obligation to keep them in the suggestions database and process them) - The Administrative Procedure Code does not apply to the process of creating spatial planning documentation (it regulates only decision-making in individual matters) therefore: the public, natural persons, legal entities DO NOT have the status and rights of participants in the proceedings - Key rights of these entities under the AOSP (and legal tools to protect their rights): • Publicity • Participation (e.g. Public hearing, the possibility to apply objections and comments) Status Of The Public And Natural Persons And Legal Entities (Under AOSP) - - Rights/tools that the public, but also the individuals concerned, do not have: • File remedies • The possibility to initiate a judicial inquiry in the administrative judiciary The prosecutor's office has the right of initiating a judicial inquiry in the administrative judiciary (after its protest failed at the competent ent spatial planning authority) - The key tool for effective legal protection in the case of spatial planning documentation for the public and for individually affected persons is therefore an initiative to the prosecutor's office Status Of The Public And Natural Persons And Legal Entities (Under EIAΑ) Participation of the affected public in assessing the impact of strategic documents - Affected public according to EIAA: • a) a natural person older than 18 years, • b) legal entity, • c) citizens' initiative: natural persons over 18 years of age who sign a joint opinion on the draft strategic document - The affected public in the assessment of the impacts of strategic documents has the right to participate in the preparation and assessment of the impacts of the strategic document, until the approval of the strategic document, including the right to submit a written opinion according to § 6 par. 6, § 8 par. 8, § 12 par. 2, participation in consultations and public discussion of the strategic document. Affected Public According To The Code Of Administrative Justice - If the affected public has the right according to a special regulation to participate in administrative proceedings in environmental matters, it is entitled • a) file an administrative action against the decision and measure • b) file a lawsuit against inactivity, • c) file a lawsuit against a generally binding regulation, • d) participate in the proceedings on the administrative action against the decision and measure • (§ 42 of the Code of Administrative Justice) Conclusions - Despite some partial improvements, the AoSP did not significantly empower" the affected public in terms of legal protection options. - The main benefit can be seen in the fact that now also the legal regulation of spatial planning includes clear link mechanism between two relevant decision-making processes: the procurement of spatial planning documentation and the SEA process. - More robust legal protection tools still remain guaranteed at the level of regulation in the EIAA.