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Slovakia: Slovak Prosecutor General challenges exemptions granted by Public Health Authority decrees

January 2021 – Slovakia’s Prosecutor General, Maroš Žilinka, has filed a prosecutor's protest against parts of two decrees of the Public Health Authority (decree No. 67/2020 dated 27 December 2020 and decree No. 7/2021 dated 10 January 2021) concerning the granting of exemptions from measures for the protection of public health. These exemptions include, for example, an exemption from domestic isolation after arriving from abroad for persons who have visited a selected country and an exemption for positively tested healthcare workers.

The Prosecutor General states that the Public Health Authority is not entitled to grant exemptions and acted beyond its statutory authority. According to him, the relevant parts of the decrees in question are not in compliance with the Act on the Protection, Promotion and Development of Public Health. The Public Health Authority now has 30 days to accept the prosecutor's protest. The decrees in question are still valid and effective, but if the Public Health Authority accepts the prosecutor's protest, it will be obliged to repeal the challenged provisions within 90 days. If the prosecutor's protest is not accepted, the Prosecutor General may exercise his rights to appeal to the Constitutional Court.

For more information please contact Peter Kováč, Of Counsel, at

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, or Michaela Straková, Junior Associate, at .