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?

Libor Klimek and Bystrík Šramel ()
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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

Laws, 2025, vol. 14, issue 2, 1-23

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.

Keywords: specialization; public prosecution office; Slovak Republic; constitutionality; rule of law; criminal law (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
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