Opinion of the European Central Bank of 10 July 2014 on rules governing consultation of the ECB (CON/2014/54)
Date: 2014-07-10
Institutions: European Central Bank
Subjects: European Central Bank, European Central Bank opinion, Slovakia, legislative procedure, national law

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  parliamentary  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  or  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  
2  

3  

4  
5  

A draft law in Slovakia may be proposed by the Government, a parliamentary commitee or a Member of Parliament. 
The  National  Council  of  the  Slovak  Republic  is  the  Parliament  of  the  Slovak  Republic  (hereinafter  the  ‘Slovak 
Parliament’). 
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). 
See Article I(2) of the draft law, which inserts a new paragraph 6 into Section 68 of Law No 350/1996. 
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. 

Consultation  of  the  ECB  regarding  draft  national  legislation  proposed  by  MPs  or 

parliamentary committees 

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  ensure 

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 amendments 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 concerning topics on which the ECB should be consulted. 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 

meaningfully 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. 

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