You can submit a complaint to the Constitutional Court if you believe that your human rights have been violated by a decision, proceeding or other factual action ore measure of public authorities.
However, there are some conditions which you have to take into account before you can submit a complaint:
The Constitutional Court cannot investigate a potential violation of your rights if you have not first tried to resolve the problem using all the usual complaint mechanisms that are available under Slovak law.
example If the building authority has decided on a building permit in violation of the law, it is necessary to use an appeal to a higher instance. If it does not help, it is necessary to go to the administrative judiciary and seek redress through an administrative action. If that court refuses to accept your claim, you must appeal that decision to all available instances of appeal. Only then you can complain to the Constitutional Court.
If the law does not provide any other available remedy and no other national court is entitled to decide on the issue, you can turn directly to the Constitutional Court.
example If the police does not act correctly during your arrest and causes you damage to your rights and this interference is not properly investigated by a police inspection, you can turn directly to the Constitutional Court.
You must send your constitutional complaint to the Constitutional Court within 2 months of the last decision, notification of the measure or notification of another intervention of state authorities or courts in the case.
In the case of a measure or other intervention where no appeal is available the time limit for the constitutional complaint runs from the day on which you were able to become aware of the measure or other intervention.
The Constitutional Court will only accept and examine a complaint about a violation of your fundamental rights and freedoms enshrined within the Constitution or human rights arising from an international treaty ratified by the Slovak Republic and published in the official Collection of Laws (e.g. the European Convention on Human Rights).
example The Court will not accept your application if you complain about the inefficiency of an organizational structure of the government.
You cannot complain about the violation of another person’s human rights, unless you have a right to represent that person. Nor can you submit theoretical complaint, when no specific person has been injured on human rights and freedoms.
example You can complain about the violation of another person’s human rights if you have a legal right to represent that person (for example you are a parent of a minor or you are a legal guardian).
You cannot complain to the Constitutional Court unless you are represented by an attorney at law (in Slovak: advokát). You must be represented by an attorney during the whole court proceeding.