Issuing of decisions

Appeal proceeding

A party to the proceedings has the right to appeal against the decision of the administrative authority. The appeal shall be lodged with the administrative authority which issued the contested decision. The appeal must be lodged within 15 days from the date of notification (delivery) of the decision.

If, as a result of incorrect instructions entered into the decision or because he was not informed at all, a party to the proceedings lodges an appeal after the time-limit, he or she shall be deemed to have lodged it in time if he does so not later than 3 months from the date of notification of the decision.

A party may withdraw an appeal pending the determination of the appeal. If a party has withdrawn an appeal, he or she may not appeal again. An appeal lodged in time shall have suspensive effect.

The administrative authority which issued the contested decision may itself decide on the appeal if it upholds the appeal in its entirety and if the decision does not concern a party other than the appellant or if the other parties to the proceedings agree to it.

If the administrative authority which issued the contested decision does not decide on the appeal, it shall, together with the results of the supplemented proceedings and the case-file, submit the appeal to the appellate authority within 30 days of the date on which the appeal was lodged with it and shall inform the party concerned thereof.

Unless otherwise provided for by a specific law, the administrative authority of the next higher level above the administrative authority which issued the contested decision shall be the appellate authority.

The appellate authority shall examine the contested decision in its entirety; if necessary, it shall supplement the previous proceedings or, where appropriate, remedy the defects found.

If there are grounds for doing so, the appellate body shall amend or annul the decision, otherwise it shall dismiss the appeal and uphold the decision.

The appellate authority shall annul the decision and refer the case back to the administrative authority which issued it for a new hearing and decision, if this is preferable, in particular for reasons of speed or economy; the administrative authority shall be bound by the legal opinion of the appellate authority.

No further appeal shall lie against the decision of the appeal body on the appeal.

 

 

 

 

Issuance of decisions

The specifics of the administrative proceeding and the issuance of decisions in the matter of recognition of formal qualifications and recognition of professional qualifications are set out in:

• zákon č. 422/2015 Z. z. on recognition of formal qualifications and on the recognition of professional qualifications
• zákon č. 71/1967 Zb. on administrative proceeding (Administrative Codex)
• zákon č. 305/2013 Z. z. on the electronic form of exercising the powers of public authorities and on amending and supplementing certain acts (e-Government Act)

All decisions on the recognition of formal qualifications and professional qualifications are issued

• in accordance with the Administrative Procedure Code and may be appealed against within 15 days of receipt of the decision
• in accordance with the e-Government Act as electronic official documents (the original is electronic) and delivered by central official delivery (if the applicant does not have an electronic mailbox activated, a paper copy is delivered)

Decision delivery

Act No. 305/2013 Coll. on Electronic Form of Execution of Competence of Public Authorities (e-Government Act) introduced new rules of issuing and delivering decisions under administrative proceeding, including the decisions on recognition of evidence of formal qualifications/professional qualifications for regulated professions. Public authority (i. e. the Mninstry) issues decisions in form of electronic official documents (EODs), regardless of how you submitted the application and your citizen status.

Issued decisions and other EODs are delivered by so-called central official delivery (COD), which means, if you are a Slovak citizen or holder of a Slovak residence card, the decision is not sent by the competent authority anymore. Instead, the public authority sends the document electronically to the body responsible for COD, which is the national agency NASES. NASES checks whether you have an active delivery mailbox attached to your ID or residence card, and:

• if yes, sends the EOD directly to your mailbox,
• if not, the document, which was printed in automated way, is sent in letter form by Slovak Post to the delivery address you filled out in the application form (the letter form issued in automated way bears no signature nor stamp, nevertheless, it is valid).

COD does not apply to you:

• if you do not have an ID nor a residence card of the Slovak republic, or your delivery address is abroad; the letter form is produced by the ministry and sent by post service to your delivery address.

Regardless of the form of delivery, the issued document is legally binding as is and other legal functions (such as the deadline for appeals and legal validity) are derived from the delivery date. You can find an overview of most common questions and their solutions divided by the means of delivery below.

From the original file of the EOD, a certified conversion into the letter form can be issued (more information on the linked page).

Authorities, to whom you have submitted the EOD or its letter form with the authorization clause, are nor, according to the e-Government Act, eligible to request a certified conversion into letter form, notarized copy of the letter form delivered by COD or disadvantage you in any other way. The validity of the EOD can be checked directly with the issuing authority.

Legal validity of decisions (finality clause)

A decision that cannot be appealed is considered final.

The party to the proceedings shall have 15 days from the date of delivery of the decision to exercise his or her right of appeal. If the party does not appeal, the decision shall become final on the expiry of the fifteenth day following the day following the date of delivery of the decision. If a party wishes the decision to become final earlier, he may waive his right of appeal and the decision shall become final on the date on which he does so.

The finality clause shall be issued by the public authority which issued the decision. The decision shall be final irrespective of whether or not a validity clause has been issued; the validity clause shall merely certify the facts stated.

The SUDV does not automatically issue finality clauses for decisions; they must be requested, for example by filling in the application form below. It is best to send the request directly to the application handler. If it is not possible to identify the case handler or the contact, please use the general contacts.

Finality clause is:

• issued as an electronic official document for decisions that have been issued electronically (the clause will be attached to the decision and sent via the central official service or by post to the applicant who does not have an electronic mailbox; it is not necessary to send the original decision with the application)
• attached to the original issue of an older decision issued with signature and stamp (the original issue of the decision must be sent with the application)

The Ministry of Education, Research, Development and Youth of the Slovak Republic does not issue a legal validity clause for documentary decisions whose archiving period (10 years) has expired. For objective reasons, it is not possible under the law to indicate the legal validity of an older decision for which there is no file with the evidence necessary for this action. We therefore ask you not to send such requests, as the request will not be processed.

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Files to download

• Žiadosť o vydanie doložky právoplatnosti / Finality clause request (.docx, 16.50 kB) 26.02.2025

Topics:

Recognition statement National regulated professions database Supplementary examination for third country healthcare professionals Proportionality test for regulated professions