Europe Yet to Come: The Application of EU Law in Slovakia

Abstract

The application of EU law in Slovakia following the accession in 2004 poses a series of intriguing questions. The perhaps most puzzling one lies in the comparison with its western neighbor - the Czech Republic. Why does the domestic application of EU law, its quantity as well as quality, differ in two countries, which, for about 80 years shared their legal history and most of the legal rules? Searching for some answers, this chapter firstly deals with the absence of argumentative use of EU law by Slovak courts prior to the fifth enlargement of the European Union. Secondly, the rather scarce post-accession constitutional case law is analyzed. Thirdly, the application of Community law in ordinary courts following the enlargement is assessed. Fourthly, the chapter offers an overview of the up-to-date Slovak references for the preliminary ruling within their national context. Finally, it outlines direct actions and infringements proceedings before the Court of First Instance and the European Court of Justice involving Slovakia or Slovak nationals/companies.

Keywords: Application of European law, Slovakia, 2004 Enlargement of the European Union