You have been through an appeal and an appeal on points of law, the decision is final, and you still believe a court or authority has breached your fundamental rights. The case has dragged on for years, the judgment gives no understandable reasons, custody lasted far too long, or the state interfered with your property or private life. Clients bring such matters to us when they seek protection from the Constitutional Court of the Slovak Republic or the European Court of Human Rights in Strasbourg.
The Constitutional Court does not ask whether a court weighed the witnesses correctly, but whether it breached a fundamental right. So we first analyse the earlier decisions and identify the specific breach, for example of the right to judicial protection under Article 46 of the Slovak Constitution. We check that all remedies have been exhausted and how much of the deadline remains. Then we prepare the complaint, with a request to suspend enforcement if needed, and represent you throughout.
We prepare constitutional complaints for individuals and companies from all over Slovakia. Our office is in Žilina; proceedings before the Constitutional Court in Košice are mostly in writing, and before the Strasbourg court entirely so. We therefore exchange documents electronically and can meet in person or online, in Slovak, Czech or English. For a first meeting, bring the decisions from every instance and the date the last one was delivered to you.
We go through every decision in the case and look for a specific breach of a fundamental right, not just dissatisfaction with the outcome.
We check whether you have used an appeal, an appeal on points of law or other remedies, and how much time is left to file. If the complaint has no basis, we will tell you.
We draft the complaint, precisely defining the rights breached and the decision sought, file it and respond to submissions during the proceedings.
After the Constitutional Court decides, we assess whether an application to Strasbourg makes sense. We invoice the fee agreed at the outset.
The complaint must be filed within 2 months of the decision becoming final (Article 127 of the Slovak Constitution, Section 124 of Act No 314/2018 on the Constitutional Court).
An application to the European Court of Human Rights must be lodged within 4 months of the final domestic decision (Article 35(1) of the European Convention on Human Rights).
In proceedings before the Constitutional Court of the Slovak Republic, the complainant must be represented by a lawyer.
The Constitutional Court will reject a complaint if the complainant has not used the available remedies, such as an appeal or an appeal on points of law.
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In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.
€90 incl. VAT, 30 minutes, in person or online
This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.
