Slovakia is looking for its national identity (Zeitgeist 15.)

Slovakia finds itself at a critical juncture, as recent government actions raise serious concerns about its commitment to the European Union and the rule of law. A controversial constitutional amendment prioritizing national identity over European and international law has drawn criticism from the Venice Commission and the European Commission. Meanwhile, the Finance Minister’s attack on NGOs and the government’s use of fast-track legislation to push through consolidation measures are shutting down democratic debate.

The consequences of last year’s penal code reform are now visible, with a surge in crime and the release of numerous convicts. Adding to the turmoil, the head of Slovak Intelligence faces scrutiny over a traffic accident, plagiarism allegations, and unexplained wealth. The government’s threats to dismantle the Specialized Criminal Court, along with the Prime Minister’s expulsion from the European Socialists, further amplify concerns about the country’s direction. Even President Pellegrini isn’t immune to controversy, as questions linger about campaign finance violations. Finally, the Prime Minister is smearing political rivals, and changes to environmental protection laws are causing alarm.

Slovakia – one foot outside the European Union

In late January 2025, the government introduced a bill to amend the Constitution, seeking to recognize only two sexes and create an exception to the primacy of EU and international law regarding fundamental rights. The legislative process was chaotic, with the version submitted to Parliament differing significantly from the original draft. On June 17, the ruling coalition lacked the necessary votes to pass the amendment, and the vote was postponed to September.

In the September session, the Slovak parliament adopted these changes that weaken institutional checks and redefine „national identity“ to bypass international obligations. The most discussed part of the bill, its recognition of only two sexes, was a distraction from changes undermining the primacy of EU and international law. The vague definition of „national identity“ raises concerns about reduced protection of fundamental rights. The proposal’s retroactive application seeks to negate existing international obligations. After an amendment, the Constitution prioritizes Slovak law over EU and international law in matters of human dignity. Other changes include restricting adoption, complicating gender changes, and imposing parental control over school curricula. The Slovak Constitution is flexible, as a three-fifths majority can amend it. Although the ruling coalition of SMER, HLAS, and SNS does not have 90 votes, its proposal was supported by some opposition members, reflecting a potential ideological convergence.

The amendment was adopted despite the Venice Commission issuing an urgent opinion that criticized both the process and the content of the amendment, citing a failure to adhere to basic principles of constitutional and legal norm-creation. The Commission criticized the unilateral changes to the proposal, the exclusion of affected groups from discussions, and the limited parliamentary debate. The Venice Commission also raised concerns about the vagueness of „national identity,“ the potential for reduced protection of fundamental rights, and the potential for retroactive application, which could invalidate existing international treaties. Ultimately, the Venice Commission sees that such changes are unnecessary. The European Commission has expressed regret that its comments on the amendment were ignored. Experts and institutions have warned that introducing vague concepts like „national identity“ threatens legal certainty and could lead to conflicts with international commitments. 

The Minister of Finance is blaming NGOs for the consolidation of the state budget

The government is attempting to push through €2.7 billion in consolidation measures in parliament using a fast-track legislative process that bypasses standard procedures. This means significant legal changes and economic measures affecting every Slovak resident are being forced through without any professional consultation. Businesses, trade unions, police officers, firefighters, local authorities, and ordinary citizens who will ultimately pay for these measures were not allowed to express their views. Fast-track legislative procedure is reserved for extraordinary circumstances, but in this case, it’s being used because the Minister of Finance failed to submit the consolidation plan on time.

However, this time, the government has gone even further, restricting even parliamentary deputies‘ right to comment on consolidation —an unprecedented restriction on the principles of parliamentary democracy. To do so, the debate was adjourned before all registered deputies could participate, an attack on the fundamental pillars of democracy. In a discussion of consolidation, Finance Minister Ladislav Kamenický verbally attacked NGOs, blaming them for the consolidation and calling them „lazy scoundrels“ who leech off the state. The Minister went on to say that the state needs money for various social measures; however, almost 50% of social services are provided by non-governmental organizations. Hospice and palliative care, cancer patient support, youth organizations, and educational programs are provided by NGOs, which would not otherwise reach people. 

The outcome of the Fico’s reform of the Penal Code in practice

An analysis by the Foundation Zastavme korupciu revealed that the amendment to the penal code, pushed through by Robert Fico’s government in February 2024, benefited over 3,000 accused or convicted individuals in its first year. The analysis states that 446 criminals were released from prison, and 289 people had charges dropped due to the statute of limitations. The number of people charged with bribery has significantly decreased, from 129 last year to only 13 this year. The analysis shows that 853 people had their prosecutions halted, as their crimes were downgraded to misdemeanors. The study confirms that ignoring a proper vetting process for legislation leads to mistakes, necessitating repeated revisions, and contributing to the release of criminals and a sharp drop in corruption prosecutions.

After one year, large cities are dealing with a higher crime rate. In the second largest town, Košice, officials are debating the formation of volunteer citizen patrols amid concerns about crime, with some already forming and others calling for them. Despite claims from police that there is a decline in crime, the number of intoxicated people is growing, and crime has increased; police are understaffed. The state and Košice city police have rejected the need for these patrols, warning that such groups lack legal authority, coordination, and training, and that they may commit misdemeanors or crimes.  Bratislava’s mayor, Matúš Vallo, is also accusing the government of fueling a rise in crime after a legal change that effectively decriminalized petty theft, urging ministers to undo what he calls the „most damaging parts“ of the Criminal Code reform.  The Interior Minister, Matúš Šutaj Eštok, has dismissed the link between crime and the legal change, accusing Vallo of politicizing the issue.

Deputy PM and Minister of Defense Kaliňák calls for the abolishment of the Specialized Criminal Court

Court, after it handled a case against far-right influencer Daniel Bombic. Deputy PM Robert Kaliňák questioned the court’s future, accusing judges of bowing to media pressure in the pre-trial detention of Bombic, who is charged with hate speech and online harassment. Bombic, one of Slovakia’s most prominent disinformation figures, is represented by a lawyer from Kaliňák’s own law firm, which also advises the PM Fico, raising concerns about a conflict of interest.

Critics accuse Kaliňák of undermining judicial independence, while opposition politicians call the threats to dismantle the court „intolerable pressure on the judiciary”. This episode revives memories of earlier attempts to disband the Specialized Criminal Court and follows the current coalition’s dismantling of the Special Prosecutor’s Office. 

PM Fico is proud of being expelled from the European Socialists

The party of PM Fico, SMER-SD, is being kicked out of the Party of European Socialists for his visit to Moscow for Putin’s military parade. After Andrej Babiš’s victory in the Czech parliamentary election, Fico might see his future within the right-wing Patriots faction, together with Babiš’s ANO and Orbán’s Fidesz. The bold statements of Fico, who is proud of being expelled, hardly reflect the reality of the past week and divert public attention away from impending tax hikes. 

President Pellegrini is immune from sanctions for cheating in presidential elections

Last month, we wrote how the Regional Prosecutor’s Office in Bratislava is investigating Peter Pellegrini’s presidential campaign and a loan from his sister, prompted by a complaint filed by the Demokrati party. Matúš Šutaj Eštok admitted to a deliberate crime when he stated that the party did not report the 300,000 EUR from Peter Pellegrini’s sister to avoid ridicule. HLAS-SD initially concealed the loan from Pellegrini’s sister and is now under investigation. 

However, President Peter Pellegrini may recover the fine he had to pay for breaching campaign finance rules, as General Prosecutor Maroš Žilinka ruled that a sitting president cannot be sanctioned for administrative offenses. Žilinka suggested Pellegrini may have exceeded the legal €500,000 limit during his presidential campaign. Žilinka accused the Interior Ministry, led by Hlas chief Matúš Šutaj Eštok, of acting illegally when it fined the president. Transparency watchdogs have long argued that Pellegrini’s campaign spending exceeded the legal ceiling.

PM Fico smears Marta Šimečková, mother of the leader of the opposition

Amid growing backlash to consolidation, PM Robert Fico is attacking opposition leader Michal Šimečka’s mother. Fico claimed that Marta Šimečková misused public subsidies between 2020 and 2023 and said that Marta Šimečková’s foundation applied for funding for the same project from three different entities, securing a total of €130,000. Fico alleged that Šimečková provided misleading information in affidavits regarding the receipt of public funds, resulting in double and triple reimbursements for invoices.

General Prosecutor Maroš Žilinka reminded that state authorities are required to notify law enforcement of suspected crimes, and that press conferences are not a legally valid substitute for such notification. Šimečka described Fico’s claims as a vile attack on his family and stated that Fico is afraid of public backlash over consolidation.  Marta Šimečková publicly stated that she has not amassed any property and is not a fraudster, despite being mentioned by government officials in connection with alleged misuse of public funds. Šimečková stated that all funds obtained were fully accounted for in the final financial report and approved by an EU-certified auditor.

The Justice Minister fulfilled the wishes of the Judicial Council and awarded judges with more bonuses

The Parliament approved an amendment to several laws in the field of justice, strengthening the position of the Judicial Council, significantly changing disciplinary proceedings, and introducing new bonuses for judges during consolidation. Justice Minister Susko proposed significantly amending and strengthening the Judicial Council’s position, affecting the majority of members on disciplinary panels. The Judicial Council will also be able to submit disciplinary proposals against judges, a responsibility previously held solely by the Judicial Council’s chairperson.

There will also be a significant change in the disciplinary proceedings, which will be two-tier, so that disciplinary judges, prosecutors, executors, and notaries will always be able to appeal. The first-instance panel will have three members, two of whom will be selected from the Judicial Council’s databases. In addition to the 14 salaries they already receive each year, Susko’s amendment introduces special bonuses for judges during times of consolidation, to be paid on their 50th and 60th birthdays. However, the Justice Minister’s amendment also changes the assessment of judges, stating that the goal is to protect judges from negative influences. 

Another change in EIA that lowers the standard of protection

The Slovak parliament adopted amendments to the Environmental Impact Assessment  Act. VIA IURIS and The Climate Coalition raised the alarm because Minister Taraba has been weakening environmental protections and hindering the development of renewable energy sources. The EIA amendment, intended to accelerate green projects, has been exploited to diminish the protection of national parks. It canceled the mandatory impact assessment for ski slopes, cable cars, and recreational buildings, threatens biodiversity, and excludes the public from decision-making. Instead of protecting nature, Minister Taraba is creating chaos and supporting its destruction. The National Council approved an amendment to the EIA law intended to speed up the development of renewable energy sources. Overall, the result is uncertainty, slowed development of clean energy sources, and deepened public distrust.

The Chief of the Secret Service cannot explain his property and diploma

Pavol Gašpar, the director of the Slovak Information Service (SIS), was involved in a traffic accident on August 30th in Nitra. Gašpar was driving a yellow Dodge Challenger when the accident occurred. A fourteen-year-old girl in the other car sustained minor injuries and had to be treated in the hospital. Gašpar could not explain who owned the crashed car. Moreover, after the accident, he faced allegations of plagiarism in his master thesis on corruption, in which two-thirds of the work was reportedly copied from multiple sources. The Pan-European University, where Gašpar graduated, noted that it was prepared under the guidance of an experienced supervisor, received a positive review, and was defended. Opposition parties have called for Gašpar’s immediate dismissal. In addition to the plagiarism allegations, Pavol Gašpar also faces corruption suspicions. Questions have also been raised over Pavol Gašpar’s undeclared assets and failure to file accounts.