Prohibition of cross-border water transport in the conditions of the Slovak Republic and its legal consequences

Abstract

The Slovak Republic decided to protect its water resources by prohibiting cross-border water transport. The ban was incorporated into the Constitution of the Slovak Republic. As an administrative regulation, this constitutional norm was subsequently detailed in ordinary legislation, namely the Water Act. The adoption of this ban has raised doubts about its compatibility with the European Union (EU) law, in particular, regarding the quantitative restrictions on exports and imports of goods between the member states. This constitutional prohibition and the subsequent administrative regulation have caused interpretative and applicative confusion. Therefore, in this paper, the author assesses the limits of possible restrictions on water transport across the Slovak Republic borders, taking into account the limits resulting from the EU law. This study aims to analyze and assess the manner and consequences of the constitutional ban on water transport across the Slovak Republic’s national borders.