EN ECB -PUBLIC  
 
 
OPINION OF THE EUROPEAN CENTRAL BANK  
of 10 July 2014   
on rules governing consultation of the European Central Bank  
(CON/2014 /54) 
 
Introduction and legal basis  
On 5 May 2014 , the European Central Bank (ECB) received a request from a Member of the Slovak 
Parliament1 for an opinion on a draft law  (hereinafter the ‘draft law’)  amending Law No 350/1996 on the 
Rules of Procedure  of the National Council of the Slovak Republic2, as amended  (hereinafter ‘Law 
No 350/1996 ’). 
The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 
Functioning of the European Union and Article  2(1) of Council Decision 98/415/EC3, as the draft  law 
relates to the advisory function  of the ECB . In accordance with the first sentence of Article  17.5 of the 
Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion.  
 
1.  Purpose of the draft law 
The draft law amends  the rules of procedure of the Slovak Parliament to provide  that Members of 
Parliament (MPs) or par liamentary committees , when  proposing  a draft law or a draft  amendment  to a 
draft law  within the ECB’s field of competence , must  ensure  that the ECB is duly consulted .  
The draft law  provides that any draft law introduced in the Slovak Parliament which is subject to 
mandatory consultation with a Union institution  is to be accompanied by the opinion delivered  by that 
Union  institution4. Where a draft law is proposed  by an MP or  parliamentary committee, consultation of 
the relevant  Union institution is to be arranged by the Office  of the Slovak Parliament  following a request 
from  the relevant MP or  parliamentary committee . The same applies to draft amendments proposed to 
draft laws which have been submitted to the parliamentary procedure5. Furthermore,  an MP o r other 
sponsor of a draft law may propose that debate on the draft law  be suspended until an opinion is delivered 
by the relevant  Union institution . 
 
                                                 
1  A draft law in Slov akia may be proposed b y the G overnment, a parliamentary commitee or a Member of Parliament.  
2  The National Council of the Slovak Republic is the Parliament of the Slovak Republic  (hereinafter the ‘Slovak 
Parliament’) . 
3  Council Decision 98/415/EC of 29  June 1998 on the consultation of the European Central Bank by national authorities  
regarding draft legislative provisions ( OJ L 189, 3.7.1998, p. 42). 
4  See Article I(2) of the draft law, which inserts a new paragraph 6 into Section 68 of Law No 350/1996.  
5  See Article I(1) of the draft law, which inserts a new paragraph 4 into Section 29 of Law No 350/1996.  
ECB -PUBLIC  
2 2. Consultation of the ECB regarding  draft national legislation  proposed by MPs  or 
parliamentary committe es 
The duty to consult the ECB on draft national legislation falling within its field of competence derives  
from Articles 127(4)  and 282(5) of the Treaty and Council Decision 98/415/EC . The adaptation of the  
rules of procedure of the Slovak Parliament  aims to ensure the proper and timely submission of relevant 
draft legislative provisions for the consultation  of the ECB . This adaptation is in line with Article 4 of 
Decision 98/415/EC which requires that each Member State takes the necessary measures to e nsure 
effective compliance with its provisions . As MPs and parliamentary committees in Slovakia have the 
power to propose legislation, the ECB welcomes that the  rules of procedure of the Slovak Parliament  are 
to be amended to  ensure that the ECB is consulted  in situations where draft laws  or draft amendment s to a 
draft law  proposed by MPs and parliamentary committees fall within the ECB’s field of competence.  
This will also address an issue highlighted in the  explanatory memorandum to the draft law6 where  a 
particular  draft law is submitted to the Slovak Parliament and does not fall  within the ECB’s field of 
competence , but late amendments are proposed to the draft law in the course of the parliamentary 
procedure concern ing topics on which the ECB should be co nsulted.  The ECB reiterates that even  in the 
case of  such late amendments, the national process of adopting  draft legislative provisions  must  be 
suspended pending the adoption of the ECB’s opinion.  The Slovak Parliament  has to have the opportunity 
meaningf ully to deliberate the ECB’s opinion prior to its final vote on a draft legislative provision . 
 
This opinion will be published on the ECB’s website.  
 
 
Done at Frankfurt am Main, 10 July 2014 . 
 
[signed]  
 
The President of the ECB  
Mario DRAGHI  
                                                 
6   See the explanatory memorandum to the draft law, in particular regarding Point 1 of Article I  of the draft law .