LGP Slovakia / News / Legislative updates – July 2021

Legislative updates – July 2021

Legislative updates – July 2021
  • New competencies of the Antimonopoly Office of SR have been added and the term "entrepreneur" has also become more specific (from 01.06.2021).
  • Procurement processes should be simpler and shorter (the proposed changes should take effect from 01.01.2022).
  • Introduction of a more flexible exchange of information within the so-called information system on the internal market, the so-called IMI system (the proposed changes should take effect from 21.02.2022)
  • The Construction Act will also undergo major changes, which will be included in two new legal regulations: the Act on Construction and the Spatial Planning Act; whereas the Act on Construction will bring the establishment of a new competent authority (Office for Spatial Planning and Construction of the Slovak Republic) or the process of permitting buildings through the information system and through professionally qualified persons (the proposed changes should take effect from 01.01.2023). 
  • The Act on Spatial Planning should simplify the spatial planning process, increase the professionalization of the state administration or introduce a new type of spatial planning documentation - the spatial plan of the micro-region (the proposed changes should be effective from 01.01.2023). Both acts are currently in the interdepartmental comment procedure.
  • The register of legal entities will become the source register of the register of public authorities and will always contain up-to-date data on the entities registered in it (the proposed changes should be effective from 01.01.2022).

Act no. 187/2021 Coll. on the protection of competition and on Amendments to Certain Acts

  • based on European case law there will be a significant change effective from 01.06.2022 which harmonizes the definition of the term "entrepreneur" with the term "undertaking";
  • the law will also bring a new institute in the form of the power of the Antimonopoly Office of SR to impose temporary measures or changes concerning the imposition of fines;
  • now it will be possible to impose a fine jointly and severally on several companies within one entrepreneur;
  • in this connection, the changes will also affect the procedural area, where the economic successor of the entrepreneur will also be considered as a party to the proceedings, even if he himself did not formally commit the infringement but continues the economic activity of his predecessor.

Act which amends Act no. 343/2015 Coll. on Public Procurement and Amendments to Certain Acts, as amended

  • the evaluation of comments on the draft law is currently underway
  • it is proposed to take effect from 01.01.2022;
  • the proposed amendment seeks to achieve the following objectives: 
    • speeding up and simplifying the public procurement process: 
      • the removal of rules of a national gold-plating nature - rules extending the requirements of European legislation in the process of transposition into national legislation;
      • the possibility of concluding a contract with another tenderer in turn;
      • the adjustment in revision procedures while maintaining the possibility of control of Public Procurement Office of SR;
  • shortening the length of the public procurement process, as well as speeding up the process in terms of exercising the rights of the interested candidates, tenderers, participants, and other persons,
  • improving public procurement control by automating the award and evaluation of contracts and ensuring the efficient collection and analysis of price data.

Act amending Act no. 56/2012 Coll. on Road transport as amended and amending Act no. 461/2003 Coll. on social insurance as amended (interdepartmental comment proceedings are underway; the proposed effectiveness of the law is on 21.

  • the amendment extends the range of vehicles and combinations of vehicles that will be subject to a community license for the carriage of goods within the EU;
  • requirements for access to the occupation of road transport operator will also be mandatory from 21.05.2022 for operators using motor vehicles or combinations of vehicles for the international transport of goods with a maximum operating weight of 2,5 t - 3.5 t;
  • adjustment of the conditions of the professional capability of a transport manager who has lost his / her integrity (obligation to pass an examination before an examination commission, no later than within 3 years of the loss of professional capability);
  • the amendment also introduces the addition of information on the registration plate of the operator's vehicles to the national electronic register of road transport operators, or
  • changes concerning the presentation of documents concerning mental or medical capability or documents relating to the goods carried.

Current construction acts will also undergo a complete recodification, which will be included in two separate legal regulations.

  • the Spatial Planning Act
  • the Act on Construction
  • the effectiveness of both mentioned laws is proposed from 01.01.2023 
  • the objectives of the new Spatial Planning Act are professionalization of state administration or reduction of administrative burden in activities related to spatial planning (especially electronisation and digitization of data serving as inputs related to spatial planning and construction, and the abolition of the issuance of a spatial opinion through spatial proceedings);
  • the law adds a new type of spatial planning documentation, namely the spatial plan of the micro-region (the existing levels of individual spatial planning documentation remain the same) 
  • simplification of the spatial planning process - the simplification of the process procedures themselves, the electronisation of spatial planning processes in a uniform methodology and in one information system of spatial planning and construction
  • the Act on Construction shall bring changes in the decision-making powers on construction permits (this competence should be transferred to the newly established other competent authority - (Office for Spatial Planning and Construction of the Slovak Republic);
  • at the same time, the competence of the existing construction authorities (municipalities) will be transferred to the construction authorities, which will be the workplaces of the newly established office with a defined territorial competence;
  • a novelty will also occur in the process of construction permits, which will be carried out through the information system and professionally qualified persons, ensuring the building permits for the constructor;
  • a new term "construction" will also be introduced to replace the term "construction regulations", which has been in use for years;
  • impossibility of additional legalization of black buildings;
  • the new Construction Act also extends the scope of sanctioned persons in the event of a breach of the Act to other persons (construction contractors, persons authorized to perform construction supervision, construction managers).

Draft law amending Act no. 272/2015 Coll. on the Register of Legal Entities, Entrepreneurs and Public Authorities and on Amendments to Certain Acts, as amended (preliminary information is being commented on, the proposed effectiven

  • the proposed legislation shall take effect on 01.01.2022;
  • the amendment is intended to enable the register of legal entities to become the source register of the register of public authorities, while containing at all times up-to-date data on the entities registered in it;
  • the absence of a definition of public authority and official activity will also be added.