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Special Prosecutor’s Offices and Their Position in a State Governed by the Rule of Law: Is the Abolition of Office of Special Prosecution in Slovakia Unconstitutional?

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  • Libor Klimek

    (Department of Criminal Law, Criminology, Criminalistics, and Forensic Disciplines, Faculty of Law, Matej Bel University, 974 01 Banská Bystrica, Slovakia)

  • Bystrík Šramel

    (Department of Political Science and Public Administration, Faculty of Social Sciences, University of Ss. Cyril and Methodius in Trnava, 917 01 Trnava, Slovakia)

Abstract

The specialization of public prosecution offices has been a growing international trend, particularly in addressing complex forms of crime such as corruption, economic crime, and organized crime. Many countries have established specialized prosecution bodies to enhance the efficiency and effectiveness of law enforcement in these areas. However, Slovakia has recently taken a different approach by abolishing its Office of the Special Prosecution, a decision that contrasts sharply with prevailing global tendencies. This paper explores the reasons behind this shift, analyzing the political and legal arguments presented by both proponents and opponents of the abolition. The paper examines whether this move aligns with the rule of law and international legal obligations and considers its potential consequences for the effectiveness of criminal justice in Slovakia. While the paper is based on legal principles and comparative methods, it acknowledges the inherently political nature of decisions concerning the structure of prosecution services.

Suggested Citation

  • Libor Klimek & Bystrík Šramel, 2025. "Special Prosecutor’s Offices and Their Position in a State Governed by the Rule of Law: Is the Abolition of Office of Special Prosecution in Slovakia Unconstitutional?," Laws, MDPI, vol. 14(2), pages 1-23, April.
    • Handle: RePEc:gam:jlawss:v:14:y:2025:i:2:p:25-:d:1633745
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    References listed on IDEAS

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    2. Rastislav FUNTA & Kristína KRà LIKOVÃ, 2022. "Obligation of the European Commission to review national civil court judgements?," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 12(2), pages 215-226, June.
    3. Bystrík Šramel, 2022. "Possibilities of Strengthening the Independence of the Public Prosecutor’s Office of the Slovak Republic: A System of Appointment of the Prosecutor General to the Office as a Key Element?," Social Sciences, MDPI, vol. 11(8), pages 1-19, August.
    4. João Paulo Dias, 2017. "Multiple Competences of Judicial and Social Intervention: Portuguese Public Prosecutors in Action," Laws, MDPI, vol. 6(4), pages 1-21, October.
    5. Philippa Webb, 2005. "The United Nations Convention Against Corruption," Journal of International Economic Law, Oxford University Press, vol. 8(1), pages 191-229, March.
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