The Prime Minister’s celebration in Moscow adequately symbolizes his moves in domestic politics (Zeitgeist 12.)

Slovakia’s political scene is marked by significant controversy, with legislative measures like the „Russian law“ bypassing standard procedures and imposing burdens on NGOs, undermining democratic practices. Recent decisions, including restricting public information access, have faced domestic and international backlash.

The judiciary will have a new Chief Justice, who will have to solve financial issues impacting non-judicial staff. Additionally, political influence is increasing over independent institutions, causing instability. Environmental tensions arise with the decision to cull 350 bears, highlighting conflicts between conservation and safety. The „Covid-19 amnesty“ law also raises concerns about its implications for public health compliance. These developments, amid Fico IV’s judicial reforms, highlight issues of governance and transparency. Comparisons to Hungary urge Slovakia to address these challenges to maintain democratic principles within the EU.

Parliament adopted the “Russian law” against CSOs

 

The parliament of the Slovak Republic has approved, and the president, Peter Pellegrini, has signed a bill on non-governmental organizations, introduced by a group of parliament members from the SNS party. The bill raised concerns from the international institutions even before its enaction. The legislative process has raised concerns as the government used the bill proposed by the MPs to circumvent the ordinary legislative processes. Instead of submitting the proposal through official channels, the Government office worked with nationalist MPs to expedite its approval, avoiding public scrutiny. The approach allowed the government to distance itself from a potentially unconstitutional proposal, claiming the bill was an independent parliamentary initiative. Avoiding the proper legislative procedure has become a popular tool for adopting the most controversial laws. Consequently, it undermines democratic practices and public participation in law-making.

Only two hours before the parliamentary committee meeting, an amending proposal was introduced. This amendment changed the original bill, which focused on labelling organizations with foreign support. It received swift approval from a newly formed coalition majority. This method of bypassing established legislative requirements has sparked outrage, signaling a dismissal of citizens‘ rights to engage in the legislative process. 

The adopted legal regulation significantly impacts various non-governmental non-profit organizations in Slovakia, leading to profound changes in their reporting and oversight requirements. CSOs will now have to publish the details of their income, expenses, and organizational structures in the public statements. The supervisory powers of authorities have also been strengthened, with increased penalties for non-compliance. For instance, fines for failing to meet obligations now start at €1,000 and can escalate to €10,000 for further violations, which poses a considerable risk for smaller organizations. Similarly, foundations will no longer allow donors to request anonymity, which will dramatically reduce the willingness of donors to reveal their identity and to support organizations targeted by the government. Civil associations, typically the most numerous NGOs, must prepare statements if their income exceeds €35,000, complicating their organizational structure and reporting. The legal uncertainties inherent in these regulations may discourage participation in formal associations, as the administrative burden may be disproportionate, particularly for smaller NGOs. Moreover, the new law raises serious concerns regarding citizen privacy and the right to association, as it mandates the disclosure of donors’ identities, potentially deterring financial support and undermining the foundational principles of civil society engagement in Slovakia. Finally, the newly adopted law obliges the organizations receiving public funds above 3300 EUR to reveal information on this funding on public request, which creates an administrative issue since small organizations lack the capacity and trained personnel to manage this obligation. 

Judicial Council elected a new Chief Justice

The Judicial Council has elected František Mozner as the candidate for the position of President of the Supreme Court, with President Pellegrini expected to make the final decision on his appointment. The vote was primarily in favor of Mozner, with fifteen out of seventeen council members supporting him, while only one vote went to his opponent, current Vice-President Andrea Moravčíková. Mozner has been criticized for being repeatedly disciplined for delays in court proceedings. However, the Judicial Council did not focus more on these charges during the interview.

Mozner is the president of the only professional association of judges in Slovakia, while eight members of the Council are associated with the association. As the Chief Justice, he will have to solve several pending issues. One of them is the situation of the Supreme Court’s office employees, who have entered a state of strike emergency due to the government’s failure to approve necessary funding to maintain their positions and address their long-standing grievances regarding low salaries. Paradoxically, Justice Minister Boris Susko has been unable to secure increased financial support for non-judicial staff, who are crucial to the functioning of the courts, while simultaneously proposing bonuses for judges. In a time of fiscal consolidation, when the government is raising taxes and introducing a highly controversial transaction tax, Susko suggests implementing new bonuses for judges and flat-rate reimbursements for all judges in higher courts, despite judges already receiving 14 salaries annually. These measures could cost the state an additional 14 million EUR per year, yet Susko’s proposed reforms do not address the salaries of non-judicial employees.

 

Another amendment of the Nature and Landscape Conservation Act in the house

The parliament approved the amendment of the Nature and Landscape Protection Act (Law 543/2002) in the first reading, despite the expert criticism that the bill further undermines Slovakia’s nature conservation system. This marks the fifth amendment to this crucial legislation in just one year, historically defining the protection of Slovakia’s nature. Notably, none of these changes underwent proper public consultation, ignoring the input of NGOs, local governments, and experts dedicated to environmental protection.

The proposed changes undermine the protection of national parks and biodiversity and facilitate harmful activities threatening protected species. A coalition of environmental organizations, former state nature protection employees, and scientists is calling for an immediate halt to this legislative process and advocating for a return to responsible practices in nature protection. Critics argue that prior amendments have already weakened essential aspects of environmental protection, such as the voluntary nature conservation service and regulations on the protection of trees. Building upon these weakened foundations is expected to lead to additional unforeseen changes that could damage the conservation framework. The conservation of nature advocates have prepared extensive comments to rectify the most significant errors in the current proposed legislation. Key among their recommendations are excluding proposed limitations on visitor guidance in protected areas and maintaining existing restrictions on capturing and killing animals in high-conservation zones.

 

Constitutional Court will look into the compliance of putting access to public information behind a paywall

The Constitutional Court has suspended the effectiveness of the Freedom of Information Act amendment, which aimed to limit citizens‘ right to access information from the state. 

The problematic bill that put access to information behind a paywall circumvented the ordinary legislative process by being proposed by four parliament members from the nationalist party. The bills proposed by the MPs do not undergo interdepartmental and public consultation. Moreover, the bill was also vetoed by the President, Peter Pellegrini. However, the Slovak parliament has overridden the president’s veto, disregarding his objections. The Freedom of Information Act amendments would allow authorities to charge fees for providing information. Despite the president’s objections and concerns raised by transparency advocates, the new legislation was set to take effect on March 1st, potentially reshaping how citizens access public information in Slovakia.

The ombudsperson and a group of MPs who submitted a motion to the Constitutional court applied the argumentation of the CSOs who were ringing the bell, that the  Freedom of Information Act amendment included unconstitutional information access restrictions. The law proposal lacked clarity on fee determination and failed to provide an adequate appeal process. However, the Slovak parliament has overridden the president’s veto, disregarding his objections. The Freedom of Information Act amendments will allow authorities to charge fees for providing information. Despite the president’s objections and concerns raised by transparency advocates, the new legislation is set to take effect on March 1st, potentially reshaping how citizens access public information in Slovakia.

In VIA IURIS, we spent months explaining why charging for information from the state poses a problem and how the vague definition of „extraordinarily extensive information searches“ opens the door to arbitrary actions by government officials. After alerting and educating lawmakers failed to yield results, we urged parliament members to reject the SNS proposals. The Constitutional Court has suspended the nonsensical SNS amendment until it can determine its compatibility with the Slovak Constitution.

Fico IV pushed through the parliament an amnesty on the breaches of regulations during Covid pandemic

Slovak parliament has enacted a controversial law allowing individuals fined for violating Covid-19 restrictions to claim compensation from the state, which has sparked significant criticism. The legislation, passed by the governing coalition of Smer, Hlas, and SNS, has been claimed by supporters to rectify overreaches by previous governments. Opponents, however, label it a „Covid-19 amnesty,“ arguing it rewards those who flouted rules during a public health crisis, potentially undermining trust in the government.

The law applies to fines issued between March 2020 and September 2023 and will take effect on May 1, 2025, requiring applicants to submit claims by August 31, 2025. Expected financial implications of the compensation package could exceed €5 million. Concerns have been raised that offering such compensation could encourage noncompliance with future health mandates, especially in light of current disease outbreaks like foot-and-mouth disease. The debate surrounding this law underscores broader tensions in the country over pandemic measures and the accountability of government actions during the crisis.

This legislation on Covid amnesty has faced backlash from medical professionals and opposition lawmakers, who argue that it undermines public trust by rewarding rule-breaking. Interior Minister Matúš Šutaj Eštok defended the law, framing it as compensation for those who „suffered under the rule of evil.“ At the same time, Prime Minister Robert Fico termed it „of exceptional importance.“ However, President Pellegrini criticized the law, calling it a „mockery“ of Covid victims’ families and expressing serious concerns about signing it. The President vetoed the bill and returned it to the parliament, which will vote on this law again in May.

General Prosecutorn Maroš Žilinka

General Prosecutorn Maroš Žilinka, photo: Tomáš Benedikovič, Denník N

Life annuity for the General Prosecutor Žilinka

Through the bill avoiding public and interdepartmental scrutiny, proposed by the SMER-affiliated MP Daniel Karas, the parliamentary majority adopted an amendment to the law on prosecutors that would entitle General Prosecutors to a lifelong monthly pension.

The new provision only applies to Maroš Žilinka, raising suspicions of political corruption. President Peter Pellegrini vetoed parts of the amendment on the law on prosecutors, expressing discontent with the proposed lifelong pension for General Prosecutor Maroš Žilinka, which could grant the GP over €5,200 monthly even if he leaves office early. This situation allows the current coalition to select a new prosecutor for the next seven years, complicating the political landscape further.

Politicization of independent institutions continues

The Slovak Hydrometeorological Institute (SHMÚ) is facing a severe crisis, highlighted by the potential withdrawal of its license for aviation forecasting due to operational failures. Tensions escalated after Environment Minister Tomáš Taraba dismissed previous director Martin Benko, which sparked employee criticism about deteriorating working conditions characterized by intimidation and poor management. This was exacerbated by the resignation of climatologist Jozef Pecho, who cited an unbearable workplace culture and accused the ministry of enabling the institution’s decline.

Employees have now circulated an internal petition expressing concerns over layoffs, budget cuts, and diminishing trust in management, indicating that their situation has become untenable. A significant reduction in staff has made it increasingly difficult to provide essential services related to weather forecasting, crisis management, and environmental protection. Experts warn that the paralysis of SHMÚ could lead to serious repercussions, including legislative conflicts with the EU and compromised public safety. In response to allegations of bullying within the institute, Minister Taraba denied these claims and asserted that the situation was being managed appropriately. Despite ongoing problems, the acting director, Ivana Herkel, faces challenges in restoring operational integrity amidst accusations of undermining expert work and employing high-pressure tactics.

Liberties report on the rule of law in Slovakia is out

Slovakia is more and more often being compared to Hungary as both nations face systematic erosion of the rule of law under their respective governments. Critics have pointed out that Justice Minister Boris Susko failed to provide any substantial counterarguments to concerns about the country’s legal status, instead referencing a discredited narrative about external influences. This approach is deemed unacceptable, especially for a minister in an EU member state, where accountability and democratic oversight are foundational principles.

Reports from the civil organization Liberties highlight ongoing issues in Slovakia, including the government’s inability to comply with recommendations from the European Commission. Furthermore, experts assert that rather than fostering transparency, current leadership fosters a toxic environment that undermines the integrity of institutions that safeguard democracy. The government’s actions have placed Slovakia in a dismal category of nations actively dismantling democratic structures. Alarmingly, significant alterations to the Criminal Code have hindered anti-corruption efforts, raising serious questions about the commitment to justice. Overall, the report suggests that, without addressing these challenges, Slovakia risks losing credibility and stability within the European context.

President Pellegrini breached the campaign rules

Peter Pellegrini’s presidency has come under scrutiny one year after the election, with questions emerging about the funding of his campaign. While the President claimed adherence to the legal spending cap of €500,000, investigations indicate a lack of transparency surrounding contributions. Unlike his rival Ivan Korčok, Pellegrini’s team funneled donations through his political party, HLAS—SD, blocking direct external contributions, raising concerns about the support’s motivations.

HLAS recently published a donor list, revealing that many contributors were party members rather than grassroots supporters, with some donations drawing suspicion due to the donors’ political connections. Furthermore, allegations of campaign finance violations persist, particularly surrounding Minister Matúš Šutaj Eštok’s activities that may have breached electoral laws. The fact that the sanction for the breach of the rules in the campaign is inefficient highlights a potentially dangerous precedent for democratic processes in Slovakia, suggesting that political campaigns could be funded by undisclosed and possibly unethical means.

Šutaj-Eštok, Pellegrini

Minister of Interior Matúš Šutaj-Eštok (left) with president Peter Pellegrini,  photo: HLAS-SD

Internet bully Daniel Bombic in criminal detention

The Supreme Court in Slovakia has remanded an internet aggressor, who spreaded neo-nazi, anti-semite posts to custody. This high-profile case, involving a defendant who was previously subject to three international arrest warrants and was transported to Slovakia on a government special flight, has already seen four verdicts since his arrival. 

Daniel Bombic, known online as Danny Kollár, was arrested by police near the Slovak parliament on April 17, after allegedly continuing his criminal activities. Bombic is infamous for his incendiary rhetoric, often targeting marginalized groups with antisemitic and racist remarks while promoting online harassment campaigns. He was not remanded in custody after being extradited from Great Britain earlier this year. Still, he was placed under restrictions, including an electronic monitoring bracelet, prohibiting him from posting hateful content and requiring monthly check-ins with a probation officer. Despite these measures, reports indicate that Bombic persisted in spreading his extremist views, attacking public figures on social media without any police intervention.

His connections to the ruling Smer party and Government office raise further concerns, as he is represented by a law firm owned by a prominent party member, Defense Minister Robert Kaliňák. With Bombic increasingly visible at public events, including memorials attended by high-ranking officials, the situation highlights ongoing challenges in combating extremist behavior in Slovakia.

The government approved killing of 350 bears

In response to rising bear attacks, the government declared a bear emergency in 55 out of 79 districts and approved culling 350 brown bears. Prime Minister Robert Fico stated that the decision was necessary to ensure public safety, arguing that people should not feel afraid to enter the forests. Various environmental organizations, including Greenpeace Slovakia, criticized the government’s approach, emphasizing that killing bears does not address the root causes of human-bear conflicts. They argue that unsealed waste and food scraps must be resolved to deter bear encounters.

Additionally, these organizations advocate for non-lethal methods to manage bear populations rather than resorting to culling. The conflict highlights the tension between public safety and wildlife conservation efforts in Slovakia, as activists warn that current policies could harm the ecological balance of the Carpathian region.

Fico IV sends a reform of the judiciary to the parliament

Fico IV approved the proposal of the Slovak Ministry of Justice to overhaul the country’s judicial system. The sweeping reforms, encompassing four key laws on the judiciary, are reshaping the justice landscape in Slovakia, but not without significant pushback. Proposed changes, including introducing bonuses for judges and flat-rate expenses for higher court judges, could undermine the judicial process’s integrity, open the possibilities for internal corruption, and burden the state budget.

Perhaps most alarming is that  the reform seeks to diminish the role of the Supreme Administrative Court in disciplinary proceedings while simultaneously bolstering the influence of the Judicial Council. Originally part the draft law also a raise for judges in the form of rewards and flat rate reimbursements. These far-reaching proposals initiated questions about the potential for internal corruption and the impact on the quality of court decisions. With an estimated annual cost of 14 million EUR, many are left wondering if these reforms truly address the pressing issues facing Slovakia’s justice system or if they merely create new problems while neglecting critical areas such as the salaries of non-judicial court employees. In the interdepartmental scrutiny, however, judges of lower courts and prosecutors raised their dissatisfaction about the lack of their benefits in the proposed changes. After the objections of the public and Ministry of Finance, the flat-rate reimbursements were left out and the rewards will be paid to all judges in the moment of their 50th and 60th birthday.

About Zeitgeist

Zeitgeist is the English newsletter of VIA IURIS, in which we try to capture the zeitgeist of the political situation in Slovakia, which has changed dramatically after the parliamentary elections in September 2023.

The 4th government of Prime Minister Robert Fico was formed by a coalition of two, as they call themselves, social democratic parties – SMER-SD, HLAS-SD and the nationalist party SNS. Since the coalition was formed, institutions guaranteeing the rule of law and public control, including Slovak civil society, have been under constant attack.

Previous issues of our English newsletter can be found here

Topics: #RuleOfLaw #legislation #media #CivilSociety

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