Competence change according to the amendment to the Con­stitution of 2001 and practical application in the Constitutional Court of the Slovak Republic

The Constitutional Court of the Slovak Re­public had been created through constitutional law no. 7/1991. Due to this regulation, however, it never has been really established. In fact, the Court started its working later, under the Constitution Of The Slovak Republic approved on September 1, 1992. The rules of sitting and deciding of the Court are given by the Law no. 38/1993. Both sources of law, The Consti­tution and the Law on the Constitutional Court have been amended through the years. Last time it occu­rred in 2001 (the Constitution), and in 2002 when the Law no. 38/1993 has been amended through the Law no. 124/2002. The result of the latest change is a new approach to the protection of the constitutionality. The Constitutional Court formally is the only authority in the matters of protection of the Constitution. Nevertheless, the Court now ís just a subsidiary authority for the protection of fundamental rights and duties vi­olated by any public authority. Solely if the general judiciary has no power to decide on such a case, the Constitutional Court is asked in. The examples of re­strictive manner in which the restricted competence is enforced by the Constitutional Court are also refered to within the paper.