Slovak Constitutional Court: Ruling of the Constitutional Court in an Individual Complaint as a Source of Law for an Execution Performance in a Continental Legal System. Analysis of the Constitutional Court Judgement of 13 April 2010, Ruling No. III ÚS 32

Abstract

This review deals with the Finding of the Constitutional Court of the Slovak Republic of 13 April 2010, file ref.: III ÚS 322/2010 – 37, and practice of general courts in the Slovak Republic which was evoked and which has been realised since. It is a key decision that a number of other decisions of general courts are based on, and even at the present time the given decision has been applied regardless of the development of the situation that has pointed to the incorrectness of the general courts´ acts in the realised decision-making practice. Thus, the decision-making practice has diverged into various forms with various legal effects on the legal entities despite the fact that the highlighted Finding of the Constitutional Court has remained unchanged.