Construction Legislation – Current and Future in the Legal System of the Slovak Republic

The importance of addressing the effective functioning of competence execution in the construction sector primarily lies in its impact on the efficiency and quality of these competences. Currently, in Slovakia (SR), municipalities exercise the competences of spatial planning and building regulations...

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Main Authors: Marišová Eleonóra, Hodossy Kristian, Mura Ladislav
Format: Article
Language:English
Published: Sciendo 2023-12-01
Series:EU agrarian Law
Subjects:
Online Access:https://doi.org/10.2478/eual-2023-0004
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author Marišová Eleonóra
Hodossy Kristian
Mura Ladislav
author_facet Marišová Eleonóra
Hodossy Kristian
Mura Ladislav
author_sort Marišová Eleonóra
collection DOAJ
description The importance of addressing the effective functioning of competence execution in the construction sector primarily lies in its impact on the efficiency and quality of these competences. Currently, in Slovakia (SR), municipalities exercise the competences of spatial planning and building regulations within their transferred competence from the state. Through the government’s program statement for the years 2020–2024, the SR government committed to abolish municipal building authorities. With the new legislation that becomes effective on April 1, 2024, there will be a reverse transfer of construction competence from municipalities to state administration, to the newly created Office for Spatial Planning and Construction of the Slovak Republic and regional building authorities.The authors take a critical approach to the original construction legislation (de lege lata) as well as to the newly adopted laws on construction and spatial planning in terms of substantive and procedural provisions, noting the exclusion of the application of Administrative Code in spatial and building proceedings. Through our research on this issue, we suggest de lege ferenda two alternatives regarding the exercise of construction competences at the municipal and state levels and the preservation of dual jurisdiction in building proceedings according to the current administrative procedure.
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spelling doaj.art-f22121e66dbe42fd9a036ccc576a04242023-12-26T07:42:16ZengSciendoEU agrarian Law1339-92762023-12-01121223410.2478/eual-2023-0004Construction Legislation – Current and Future in the Legal System of the Slovak RepublicMarišová Eleonóra0Hodossy Kristian1Mura Ladislav21Slovak University of Agriculture in Nitra, Slovakia1Slovak University of Agriculture in Nitra, Slovakia1Slovak University of Agriculture in Nitra, SlovakiaThe importance of addressing the effective functioning of competence execution in the construction sector primarily lies in its impact on the efficiency and quality of these competences. Currently, in Slovakia (SR), municipalities exercise the competences of spatial planning and building regulations within their transferred competence from the state. Through the government’s program statement for the years 2020–2024, the SR government committed to abolish municipal building authorities. With the new legislation that becomes effective on April 1, 2024, there will be a reverse transfer of construction competence from municipalities to state administration, to the newly created Office for Spatial Planning and Construction of the Slovak Republic and regional building authorities.The authors take a critical approach to the original construction legislation (de lege lata) as well as to the newly adopted laws on construction and spatial planning in terms of substantive and procedural provisions, noting the exclusion of the application of Administrative Code in spatial and building proceedings. Through our research on this issue, we suggest de lege ferenda two alternatives regarding the exercise of construction competences at the municipal and state levels and the preservation of dual jurisdiction in building proceedings according to the current administrative procedure.https://doi.org/10.2478/eual-2023-0004municipalitiesconstruction sectorcompetencesconstruction legislation – de lege lata – current and de lege ferenda – future
spellingShingle Marišová Eleonóra
Hodossy Kristian
Mura Ladislav
Construction Legislation – Current and Future in the Legal System of the Slovak Republic
EU agrarian Law
municipalities
construction sector
competences
construction legislation – de lege lata – current and de lege ferenda – future
title Construction Legislation – Current and Future in the Legal System of the Slovak Republic
title_full Construction Legislation – Current and Future in the Legal System of the Slovak Republic
title_fullStr Construction Legislation – Current and Future in the Legal System of the Slovak Republic
title_full_unstemmed Construction Legislation – Current and Future in the Legal System of the Slovak Republic
title_short Construction Legislation – Current and Future in the Legal System of the Slovak Republic
title_sort construction legislation current and future in the legal system of the slovak republic
topic municipalities
construction sector
competences
construction legislation – de lege lata – current and de lege ferenda – future
url https://doi.org/10.2478/eual-2023-0004
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AT hodossykristian constructionlegislationcurrentandfutureinthelegalsystemoftheslovakrepublic
AT muraladislav constructionlegislationcurrentandfutureinthelegalsystemoftheslovakrepublic