UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

Udvalget for Forretningsordenen 2024-25
UFO Alm.del Bilag 71
Offentligt

CHANCELLERY OF THE NATIONAL COUNCIL OF THE SLOVAK REPUBLIC

PARLIAMENTARY INSTITUTE

ECPRD request no. 6116

The offering of a financial advantage in exchange for the resignation of a seat in

parliament

21 July 2025

Country

Parliament

ECPRD Correspondent

E-mail address

Elaborated by

Job title

Department

E-mail address

Slovak Republic

National Council of the Slovak Republic

Helena Latáková

[email protected]

Peter Plenta

state advisor (research analyst)

Parliamentary Institute

[email protected]

Introduction

The Slovak Parliament still has not adopted a code of ethics that would define the expected

standards of behaviour. Nevertheless, a financial offer for the resignation of a seat would

undoubtedly damage the reputation of the individual MP as well as the political party involved.

Thus, it is hard to imagine that such an offer would be made

–

and that the public would become

aware of it.

1) Is there any legislation or other form of regulation, such as a code of conduct, that

prohibits

a) a Member of Parliament from accepting a financial advantage on the condition that they

resign their seat;

b) the act of offering such a proposal, including by individuals from the member’s own party.

There are several legislation acts that could/should prevent such behaviour of MPs and other

persons, most notably:

➢

Constitution

(available in

English,

though not necessary up-to date)

➢

Act

No. 350/1996

Coll. on Rules of Procedure of the National Council of the Slovak Republic

(available in

English,

though not necessary up to date)

➢

Constitutional Act

No. 357/2004

Coll. on the Protection of the Public Interest in the

Performance of the Duties of Public Officials

➢

Act

No. 300/2000

Coll. Criminal code

Constitution

Article 75

(1) A Member of Parliament is sworn in at the first meeting of the National Council of the Slovak

Republic in which he participates, by taking the following oath:

"I swear on

my honour and conscience

to be faithful to the Slovak Republic.

I will discharge my

duties in the interest of its citizens. I will uphold the Constitution and other laws

and work

toward their implementation into life."

NÁMESTIE

ALEXANDRA DUBČEKA 1, 812 80 BRATISLAVA, SLOVAK REPUBLIC

tel.: +421 2 5972 28 56; e-mail:

[email protected];

web:

www.nrsr.sk

UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

Act on Rules of Procedure (even though the National council of the Slovak Republic did not

approve the Ethical code, it is still expected for MPs to follow moral and ethical norms and protect

public interest).

§ 9a

Ethical Code

Each Member while serving his term

must oblige by the moral and ethical code of conduct,

abide

the Constitution, laws, and the Ethical Code of the Member, which shall be approved by the National

Council resolution.

Constitutional Act on the Protection of the Public Interest in the Performance of the Duties of

Public Officials

§4

General Duties and Restrictions

(1) A public official is

obliged to promote and protect the public interest

in the performance of

their duties. In the exercise of their office, a public official

shall not give precedence to personal

interest over the public interest.

(2) In the performance of their duties, a public official must refrain from any conduct that may be

in conflict with this constitutional act. For this purpose, a public official shall not:

a) use their office, the powers arising from it, or any information acquired in connection with or

during the performance of their office

to obtain benefits for themselves,

for persons close to them,

or for other natural or legal persons; this shall not apply to activities or tasks arising from the

proper exercise of their official duties,

request gifts, accept gifts, induce others to provide gifts, or obtain other advantages

connection with the performance of their office; this shall not apply to gifts customarily given in

the course of holding public office or gifts provided in accordance with the law.

Criminal code

Part Three

Corruption

Acceptance of a Bribe

§ 328

(1) Whoever, directly or through an intermediary,

accepts, requests, or agrees to accept a bribe

for themselves or for another person,

in order to act or refrain from

acting in breach of their

duties arising from their employment, profession, position, or office,

shall be punished by

imprisonment for up to four years.

§ 330

(1)

Whoever, as a public official or a foreign public official,

directly or through an intermediary,

accepts, requests, or agrees to accept a bribe for themselves or for another person in

connection with the performance of official duties or in connection with the exercise of their

office,

with the intent to obtain or retain an undue advantage, or for the purpose of acting or

refraining from acting in accordance with their duties or in the performance of their functions in a

manner that harms or may harm the financial interests of the European Union, shall be punished

by imprisonment for a term of three to eight years.

Bribery

§ 334

(1) Whoever, directly or through an intermediary,

provides, offers, or promises a bribe to a

public official, a foreign public official, or another person in connection with the performance

of official duties or in connection with the exercise of the office of a public official

or foreign

public official, with the intent to obtain or retain an undue advantage, or for the purpose of inducing

them to act or refrain from acting in accordance with their duties or in the performance of their

functions in a manner that harms or may harm the financial interests of the European Union, shall

be punished by imprisonment for a term of one to five years.

§ 336 Indirect Corruption

(1) Whoever, directly or through an intermediary, for themselves or for another person,

accepts,

requests, or agrees to accept a bribe in return for exerting influence, or for having exerted

influence—either

through their own influence or through the influence of another person—

a) on the exercise of the powers of a public official,

b) on the exercise of the powers of a foreign public official,

c) on a person in connection with the handling of matters of public interest, or

d) on a person in order to induce them to act or refrain from acting in breach of their duties arising

from employment, profession, position, or office,

shall be punished by imprisonment for a term of one to five years.

(2) Whoever, directly or through an intermediary,

promises, offers, or provides a bribe to

another person in return for that person exerting influence, or having exerted influence—

either through their own influence or through the influence of another person—

a) on the exercise of the powers of a public official,

b) on the exercise of the powers of a foreign public official,

c) on a person in connection with the handling of matters of public interest, or

d) on a person in order to induce them to act or refrain from acting in breach of their duties arising

from employment, profession, position, or office,

shall be punished by imprisonment for up to four years.

2) If so, what does the regulation entail, and how is it enforced?

Aside from law enforcement authorities, the National Council has established two committees

that oversee the actions of MPs and have certain powers in this context. The details are defined

by the Act on the Rules of Procedure.

§ 57 Mandate and Immunity Committee

(1) The Mandate and Immunity Committee shall, in particular,

a) submit to the National Council proposals to verify the validity of Members' mandates [§ 8 section

(2)];

b) ascertain whether a Member has taken the pledge or has taken the pledge with reservations.

Where the Committee finds that a Member has refused to take the pledge or has taken a pledge with

reservations, it shall recommend the National Council to adopt a resolution on the loss of the

Member's mandate;

c) ascertain whether a Member has lost eligibility;

d) consider whether there are grounds to refuse to permit a Member to be detained in custody;

e) decide on requests to permit the detention of a Member who has been caught and detained

while committing a crime.

This decision shall report to the Speaker of the National Council and

the National Council at the next session;

f) conduct disciplinary proceedings

(§ 136-140);

g) debate on matters dealing with the loss, resignation or expiration of a Member's mandate,

moving proposals thereon to the National Council;

h) discuss termination of employment or related contract of a Member, which is to be performed

against Member's will.

§ 135

Each Member is subject to the disciplinary authority of the National Council in the case of:

a) any statement made during the performance of a Member's functions in the National Council or

any of its bodies,

b) any breach of the ban on voting for another Member [§ 39 section (6)],

c) any major breach of the Member’s pledge,

d) any breach of the Member’s Ethical Code,

e) breach of order at a session of the National Council (§ 32) or at a committee meeting (§ 49a).

§ 58 The Committee for Incompatibility of Functions

(1) The Committee for Incompatibility of Functions shall, in particular,

a) examine whether a Member performs any other duties or holds any function incompatible with

the office of a Member of the National Council or a function due to which his or her mandate cannot

be fulfilled;

b) discharge tasks related to

the examination of the conduct of state officials,

and to whether

such conduct is in contravention of a special law,

c) submit reports on the results of the examinations conducted under (a) and (b) to the National

Council, and propose a proposal for a resolution to be adopted by the National Council.

Additionally, the committee

conducts

proceedings in matters concerning the protection of the

public interest

and the prevention of conflicts of interest for breaches of duties and restrictions

established by the constitutional law, including sanctions that may be imposed on a public official

for failure to fulfill or for violation of such duties or restrictions.