Legal principles of decisions stated by the Court, approved by the Plenary of the Supreme Administrative Court of the Slovak Republic at the session on April 7, 2025

14.04.2025
News and press releases

The Supreme Administrative Court publishes the legal principles of case law approved for publication in the Collection of Opinions and Decisions of the Supreme Administrative Court of the Slovak Republic at the plenary session on April 7, 2025.

  1. keywords: unemployment benefit; claiming benefit; claiming benefit in the Slovak Republic after termination of employment in an EU Member State; insurance period; residence; centre of interests

    Accommodation provided by the employer during the working season, even in a separate hotel room, does not automatically indicate long-term settlement in the country. The determination by administrative authorities of a stable housing situation within the meaning of Article 11(1)(b)(v) of Regulation (EC) No. 987/2009 of the European Parliament and of the Council is premature in such a case.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 7 Ssk 28/2022 of 29 March 2023: President of the Panel JUDr. Jana Martinčeková (Judge-rapporteur), members of the Panel JUDr. Zdenka Reisenauerová and Mgr. Michal Novotný]

  2. keywords: protection of classified information; security risk

    The provision of Section 14, paragraph 2 of Act No. 215/2004 defining the term “security risk” is constructed as an exhaustive list of facts that are an obstacle to the issuance of a certificate for familiarization with classified information, which means that the defendant must be able to classify the established facts under one of them when applying this provision.

    It is not excluded that the defendant may also identify a security risk in the form of demonstrating dishonesty and unreliability in relation to the protection of classified information (Section 14, paragraph 2, letter c) point 6 of Act No. 215/2004) in persons who have not yet come into contact with the protection of classified information, but who, through their actions or statements, have demonstrated dishonesty and unreliability in relation to the protection of other protected information, such as trade secrets, tax secrets, protection of personal data, etc., and on this basis it will be possible to establish that their actions do not guarantee that they would not behave in this way when protecting classified information. However, these circumstances must be properly established and proven by the defendant in the proceedings.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 35 Snr 2/2021 of December 7, 2022: President of the Panel JUDr. Jana Hatalová, PhD., LL.M. and members of the Panel JUDr. Zdenka Reisenauerová, JUDr. Pavol Naď, Mgr. Michal Novotný and JUDr. Zuzana Šabová, PhD. (Judge-rapporteur)]

  3. keywords: built-up land

    A plot of land located in a fenced area of ​​a production enterprise, which is not used for agricultural purposes but, on the contrary, directly serves for the operation of a production (industrial) enterprise, must, for the purposes of applying the provisions of Section 11, paragraph 1, letter d) of Act No. 229/1991,  be considered as “a plot of land that was built-up after being transferred or transferred to the ownership of the state or another legal entity”.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 6 Svk 41/2023 of 28 August 2024: President of the Panel JUDr. Michal Matulník, PhD. (Judge-rapporteur), members of the Panel JUDr. Viola Takáčová PhD., LL.M. and JUDr. Martin Tiso]

  4. keywords: referral of the case to an administrative authority; status of the injured party in misdemeanor proceedings

    If the injured party has claimed compensation for damage in criminal proceedings, which was referred to an administrative authority for the hearing of the misdemeanor, from the commencement of the misdemeanor proceedings he has the status of a party to the proceedings pursuant to Section 70, paragraph 6 of Act No. 372/1990 on Misdemeanors, with the proviso that he is no longer obliged to assert his claim duplicitously before the administrative authority.

    [resolution of the Supreme Administrative Court of the Slovak Republic, Case No. 3 Svk 29/2023 of 18 December 2024: President of the Panel JUDr. Michal Dzurdzík, PhD. (Judge-rapporteur), members of the Panel JUDr. Katarína Benczová and JUDr. Zuzana Šabová, PhD.]

  5. keywords: detention of a driving license; proceedings in the matter of a traffic offense

    The authority that acts in a matter related to the detention of a driving license pursuant to Section 70, paragraph 6 of Act No. 8/2009 on Road Traffic is the authority that acts in a matter related to an administrative offense, misdemeanor or criminal act for which a sanction of a ban on driving a motor vehicle may be imposed and in connection with which the driving license was detained.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 3 Stk 23/2022 of 21 November 2023: President of the Panel Mgr. Kristína Babiaková (Judge-rapporteur), members of the Panel JUDr. Anita Filová and JUDr. Rastislav Dlugoš, PhD.]

  6. keywords: administrative punishment; interpretation of legal norm; ambiguity of normative regulation

    Books can be included under the term printed matter and are therefore a common assortment that can be sold by newspaper and printed matter shops according to the exception in accordance with Section 1, paragraph 2, letter f) of Decree No. 3/2021 V. v.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 8 Stk 2/2023 of May 30, 2024: President of the Panel Mgr. Kristína Babiaková (Judge-rapporteur), members of the Panel JUDr. Anita Filová and JUDr. Rastislav Dlugoš, PhD.]

  7. keywords: inland navigation; floating facility; houseboat; construction according to the Building Act; location of the construction; mooring for floating facilities; zoning proceedings

    The location of the construction (mooring for floating facilities – houseboats) in zoning proceedings should be assessed comprehensively in accordance with the goals and objectives of zoning planning pursuant to Section 39, paragraph 1 of Act No. 50/1976 on zoning and building regulations (Building Act), and also with regard to the consequences that will be associated with the construction of such a construction. The above is reinforced by the fact that the siting of houseboats on a waterway will no longer be associated with any proceedings that would be similar to zoning proceedings and in which, with regard to the public interest, which is reflected in the zoning documentation, e.g. the spatial arrangement and functional use of the area in question, interests and activities affecting the environment would be assessed.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 5 Svk 36/2022 of 29 October 2024: President of the Panel JUDr. Anita Filová (Judge-rapporteur), members of the Panel Mgr. Kristína Babiaková, JUDr. Rastislav Dlugoš, PhD.]

  8. keywords: asylum; certain social group
    1. Although the asylum seeker is a member of the homosexual social group, thus fulfilling the first of the prerequisites for granting asylum protection – belonging to a social group – the latter is not sufficient for granting asylum, but the second condition must be met, namely a well-founded fear of persecution due to belonging to this social group. This well-founded fear of persecution must be rooted either in the personal experience of the asylum seeker or in the fact that it is a group that is generally persecuted in the given country.
    2. Unless the applicant proves that both conditions have been met, he cannot be considered persecuted due to belonging to a certain social group.

    [judgment of the Supreme Administrative Court of the Slovak Republic, Case No. 2 Sak 4/2024 of 31 July 2024: President of the Panel JUDr. Elena Berthotyová, PhD. (Judge-rapporteur), members of the Panel JUDr. Marián Trenčan and Prof. JUDr. Juraj Vačok, PhD.]