Protests of the Prosecutor's Office

Protest of the Prosecutor’s Office against Generally Binding Ordinance of the city of Bratislava no. 12/2016 of 08 December 2016 on the temporary parking of motor vehicles in selected streets of the city of Bratislava, the parking fee and the method and document of its payment

At its meeting held on 29 June 2017, the City Council of the City of Bratislava passed resolution no. 882/2017, which:

• approves the protest of the Prosecutor's Office against the GBO of the city of Bratislava No. 12/2016 of 08 December 2016 on the temporary parking of motor vehicles in selected streets of the city of Bratislava, the parking fee and the method and document of its payment; and
• petitions the Mayor of the City of Bratislava to prepare a generally binding ordinance on parking in the city which will be in compliance with the law (deadline: 26 October 2017).

On 27 June 2019, the City Council of the City of Bratislava passed resolution No. 202/2019, passing generally binding ordinance no. 8/2019 on the temporary parking of motor vehicles, as amended, adopted by generally binding ordinances no. 12/2020 on the temporary parking of motor vehicles, no. 9/2021 on the temporary parking of motor vehicles, and 10/2021 on the temporary parking of motor vehicles.

The protest of the Prosecutor's Office against Generally Binding Ordinance no. 2/2017 on banning gambling rooms in the city

At its meeting held on 29 June 2017, the City Council of the City of Bratislava passed its resolution no. 883/2017, which:

• rejects the protest of the Prosecutor's Office (case no.: Kd 141/17/1100-11 dated 12 May 2017 against GBO of the City of Bratislava no. 2/2017 of 30 March 2017 on the banning of gaming rooms in the city; and
• petitions the Mayor of the City of Bratislava
  • to inform the City Council of the City of Bratislava about the complaint of the Prosecutor’s Office against GBO no. 2/2017 on the ban on gaming rooms in the city being filed (at the next meeting of the council following the city representatives learning of the complaint being filed);
  • to prepare effective means of defence in time in the event of a complaint being filed by the Regional Prosecutor’s Office of Bratislava against the City of Bratislava; and
  • to make use of any available legal remedy against court decisions not in favour of the City of Bratislava, including injunctions.

1. Case of the Regional Court of Bratislava - resolution dated 07 June 2018 (case no. 6S/156/2017-245) in the legal matter of the Complainant: Regional Prosecutor’s Office of Bratislava, seated at Vajnorská 47, 812 56 Bratislava, against the Defendant: City of Bratislava; the Court argues that Generally Binding Ordinance of the City of Bratislava no. 2/2017 of 30 March 2017 on the banning of gaming rooms in the city is in violation of the law.
2. On 27 July 2018, the City of Bratislava filed a cassation complaint with the Regional Court of Bratislava against its resolution (case no. 6S/156/2017-245) dated 07 June 2018.
3. The Supreme Court of the SR, in its resolution no. 2 Usam 2/2018 dated 27 January 2021, rejected the cassation complaint.

Pursuant to Section 367 (3) of Act no. 162/2015 Coll. (the Administrative Court Order): “Any village, town, city district or self-governing region issuing generally binding ordinances shall issue a list of GBOs issued in matters of land administration until the compliance with the law and in the matters of public administration until the compliance with the law, by regulation of the government and generally binding legal regulations of the ministries and other central public authorities within six months subsequent to the resolutions of the administrative court under sub-section 1 above comes into force; otherwise, the GBOs, their parts or some of their provisions shall become null and void after six months after the decision of the administrative court under sub-section 1 above comes into force.”

On 17 December 2020, by its resolution no. 692/2020, the City Council of the City of Bratislava approved its new generally binding ordinance of the City of Bratislava on the ban on gaming rooms and casinos in the city.