Legislation proposed by opposition Christian-Democrat Movement Vice-chairman Daniel Lipšic, which he said was intended to target businesses and individuals that had gained their property from illegal sources, was rejected by parliament on Tuesday, February 10.
According to Lipšic’s proposal, suspected illegal property is defined as that worth more than 200 the owner’s provable minimum monthly income. Under the proposal, the appropriate authorities would inform the Financial Police, who would look into the origin of the property. If the police had well-founded suspicions, they would submit the case to the General Prosecutor, leading to an investigation and possible legal action, the TASR newswire wrote.
Lipšic supported his proposal by pointing to the need to ensure that property gained in Slovakia was acquired from provable sources of income and in line with the law. The issue of proving the origin of the property was in the news at the beginning of September 2008, when the Constitutional Court decided that a law – quite similar to the one now proposed by Lipšic – adopted by the previous government was at odds with the constitution.
“The law in question violates the constitutional principle of legal certitude. It's retroactive in relation to acquired (possession) rights and allows undue meddling in the right to own property. According to the Constitutional Court, the law unduly shifts the burden of proof from the public authorities to individuals and the judiciary. It also introduces a new way of seizing property that is not covered by the Constitution and whose implementation isn’t transparent,” read the Constitutional Court’s communiqué concerning the original law. TASR
Compiled by Zuzana Vilikovská from press reports
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11. Feb 2009 at 10:00