Current Slovak legislation on expropriation, according to constitutional law expert Radoslav Prochazka, makes expropriation of energy monopolies impossible from the technical and legal point of view. "There is a law based on which it is possible to expropriate real estate. But I do not know of a law that would determine expropriation of shares and give some concrete authority powers to decide upon it," he said for SITA on Monday. According to Mr. Prochazka, expropriation cannot be performed directly by law, but only by an application deed backed by a law. Mr. Prochazka further explained that expropriation in Slovakia is bound to existence of a law and an authority which is to decide on the expropriation. In order to expropriate, it is necessary to prove public interest, thus prove that an object is to be expropriated in an extent inevitable for public interest and appropriate compensation will be provided. "Appropriate compensation does not necessarily have to be identical with the market value," he added.
Slovak Prime Minister Robert Fico stated over the weekend that the government is ready to take extreme measures including expropriation according to the Slovak Constitution, if energy monopolies do not respect purchasing power of the population in their price proposals. "Sometimes we are losing our patience. I would like to remind all foreign owners of energy monopolies that there is Article 20 of the Slovak Constitution, saying that a thing can be expropriated in the public interest. If they continue, and this is not only about Enel but about the position of foreign owners of power monopolies, making a policy, which principally goes against the state policy, against interests of this state and its people, i.e. against the public interest, we will not hesitate to use also such extreme tools in the future. Slovakia cannot be a puppet country from the energy viewpoint," Mr. Fico said in an interview with SITA news agency.