Three branches of state power united against the country (Zeitgeist 11.)

We take you behind the scenes of Fico’s appearance at CPAC, analyze the environmental controversy surrounding a new hydropower plant, and examine the rushed passage of a critical construction law. We also look into the proposed code of conduct for public officials and its potential impact on civil liberties. As we reflect on the seventh anniversary of Ján Kuciak and Martina Kušnírová’s tragic deaths, we’re reminded of the ongoing fight for transparency and justice in Slovakia.

Ministry of Justice proposes to nurture judges

The Slovak Ministry of Justice has proposed overhauling the country’s judicial system, has caught the attention.The sweeping reforms, encompassing four key laws on judiciary, are reshaping the landscape of justice in Slovakia, but not without significant pushback. Proposed changes, including introducing bonuses for judges and flat-rate expenses for higher courts judges, could undermine the judicial process’s integrity, open the possibilities for internal corruption, and place an undue burden on the state budget.

Perhaps most alarming is that the reforms seek to diminish the role of the Supreme Administrative Court in disciplinary proceedings while simultaneously bolstering the influence of the Judicial Council. These far-reaching proposals initiate 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.

Judicial Council’s double standard on freedom of speech

In a gripping tale of judicial double standards, Slovakia’s Judicial Council is embroiled in controversy over its disparate responses to three separate events of criticism of judges. The saga began when Interior Minister Šutaj-Eštok openly threatened a judge with disciplinary action, yet the Council failed to officially condemn his actions. The plot thickened with former justice minister Štefan Harabin’s scathing remarks about judges, which were met with a lukewarm call for restraint from the Council.

The climax of this judicial drama unfolded when actor Robert Roth made an ironic comment about a judge during a public protest, prompting the Council to issue its most forceful rebuke yet. This stark contrast in reactions has raised eyebrows and ignited a heated debate about the Council’s selective courage in defending judicial integrity. Adding fuel to the fire, the Council’s vice-chair, Ayše Pružinec Eren, publicly criticized a non-final court decision, calling it a „scandal“. As the dust settles, many are left questioning the impartiality and consistency of the very body tasked with safeguarding the independence of Slovakia’s judiciary.

Judicial Council of the Slovak Republic. photo: www.sudnarada.gov.sk

Judicial Council targets VIA IURIS for criticism of the Minister of Justice

In February, the Judicial Council issued a strongly worded statement criticizing the civil association VIA IURIS for its recent comments on developments within the Ministry of Justice and the Judicial Council. The Council, a constitutional body responsible for judicial legitimacy, accused VIA IURIS of discrediting the Slovak judicial system. VIA IURIS firmly refuted these allegations, asserting that their comments merely exercised their right to freedom of expression and public oversight. VIA IURIS clarified that their criticism was directed at actions by the executive and legislative branches that could potentially threaten judicial independence and impartiality.

VIA IURIS also addressed specific points raised by the Judicial Council, including alleged misrepresentations of statements made at a conference and on social media. The association maintained that their critiques were based on facts and aimed to foster transparency and accountability in the judicial system. In support of VIA IURIS, the event organizer in the European Parliament – the International Commission of Jurists reacted to Judicial Council’s attack with an official letter. This exchange highlights the delicate balance between judicial independence and public scrutiny in a democratic society, while revealing a subjective approach of the Judicial Council towards public criticism. 

Fico’s government aims to disfunction the primacy of the EU through amendment of the constitution

The Slovak government has approved proposal for constitutional changes addressing the primacy of EU law, and gender and cultural-ethical issues and sent it to the parliament. The proposed changes aim to establish the primacy of the Constitution over European Union law and certain international treaties, potentially altering Slovakia’s relationship with the EU and other international bodies. Critics argue that this amendment could undermine Slovakia’s commitments to the European Union, jeopardize the country’s position within the single market, and create legal uncertainty for citizens and businesses.

The proposal fails to outline a clear mechanism for determining which EU acts or treaty provisions would be incompatible with the Constitution, raising concerns about potential conflicts with EU law. Experts warn that such a unilateral approach could weaken Slovakia’s standing within the EU and compromise the uniform application of EU law across member states. Moreover, the amendment contradicts Slovakia’s existing international obligations and the fundamental principle of „pacta sunt servanda“ in international law. As the debate intensifies, questions arise about the long-term implications for Slovakia’s EU membership and its role in the European integration process.

Moreover, these amendments aim to enshrine two genders in the constitution, guarantee equal pay for men and women, and modify adoption regulations. The proposal also emphasizes the importance of preserving traditional values and cultural heritage, particularly recognizing marriage as a unique union between a man and a woman.

Robert Fico has invited all citizens to send him their comments on the proposed constitutional change. The Government Office has even set up a special e-mail address for this purpose. photo: Government Office of the Slovak Republic

Fico IV is threatening organizations receiving funds from the U.S

Prime Minister Robert Fico has contacted Elon Musk on Facebook, seeking information about USAID grants provided to Slovak NGOs and media outlets. Fico’s letter claims that USAID funds were used to manipulate Slovakia’s political landscape, alleging millions of dollars in grants over a short period. The Prime Minister’s request for transparency aims to distinguish between beneficial projects and what he perceives as interference in Slovakia’s internal affairs.

This allegation from the Prime Minister Fico is fabricated to attack the Slovak NGOs, which are critical towards the government. PM uses misinformation, since USAID has not been active in Slovakia for decades. It also uses disinformation since he is smear-campaigning against USAID, which provided humanitarian and beneficial work in the vulnerable regions in the world. VIA IURIS, Slovak NGO, has swiftly responded to these allegations, stating they have never received a single dollar from USAID. The organization emphasizes that all their foreign funding, including grants from the U.S. government, is transparently reported and audited beyond legal requirements. VIA IURIS clarifies that these funds are legitimately used to improve life in Slovakia, offering free legal assistance to citizens facing injustice across the country.

Fico at CPAC

In a riveting display of political theatre, PM Robert Fico took center stage at the CPAC conference in the USA, feeding the audience with a carefully crafted narrative. His entrance, accompanied by a promotional video portraying him as a victim of a politically motivated attack, set the tone for a speech that blended historical reverence with controversial contemporary views. Fico began with a tribute to American soldiers who fought fascism, before swiftly pivoting to criticize the EU, media, and foreign-funded organizations. He painted a picture of Europe in need of truth and diversity of opinion, while simultaneously defending Russia’s actions in Ukraine and calling for peace.

The Prime Minister’s rhetoric echoed familiar themes from his domestic politics, including social conservatism and skepticism towards international influences. However, his appearance at CPAC, a platform traditionally opposed to socialism, raised eyebrows among experts who questioned the authenticity of his stance given his political background. The speech, while resonating with some conservative attendees, notably omitted mention of controversial domestic policies and ongoing legal challenges, presenting instead a narrative of persecution that public records seem to contradict.

The Minister of Environment announced a new hydro power plant, giving affected parties only a few days‘ notice

The proposed €2.4 billion hydropower plant in central Slovakia has sparked a massive public outcry, with over 11,000 people signing a collective comment to the proposed project in just 48 hours. The project, spearheaded by Environment Minister Tomáš Taraba, has been criticized for its lack of transparency and disregard for local communities. Residents and advocacy groups argue that the plan fails to meet the requirements for a strategic investment, and its implementation would lead to the unjustified and drastic restriction of people’s rights.

This grassroots response is a powerful message to the minister, demonstrating that such large-scale projects cannot be forced through without meaningful public consultation and consideration of local concerns. Despite Taraba’s assurances of minimal environmental impact and economic benefits, local mayors dispute his claims of their satisfaction with the project. The pump-storage hydropower plant, touted by Taraba as an ecological and economic opportunity, has faced criticism for its rushed timeline and lack of transparency, with affected residents expressing a mix of despondency and frustration over the uncertain future of their homes and livelihoods.

New construction act adopted

The Slovak Parliament has approved a new construction law, replacing a law in place for over 45 years. This should be good news, but how this critical legislation was passed raises serious concerns. The process was marked by a rushed and inadequate public consultation process, with as many as 75 related laws being amended without proper resolution of disagreements. Despite the goal of streamlining construction procedures, implementing the new law is likely to be anything but smooth.

The processes may slow down rather than speed up in the initial months, as the new systems are still not fully defined. Moreover, the law fails to provide sufficient safeguards for public interests, such as environmental protection and cultural heritage preservation. The proposed law restricts the right of the public to comment on constructions in public spaces. Municipalities will be able to shape public spaces—building or cutting down trees—without any discussion with their residents. According to the proposal of the new construction law, residents of cities will not be able to comment on constructions and building plans that affect public spaces and the environment. It is even possible that they won’t find out about this construction in time. The proposed law does not allow them to express their opinions in the proceedings, review the files, or file an appeal against the decision. The construction law does not consider nature preservation.

Prime minister office proposed a new code of conduct for public officials

The proposed code of conduct for high-ranking public officials in Slovakia raises serious concerns regarding its compatibility with fundamental human rights and constitutional principles. The provision that seeks to distance public officials from civil society organizations whose goals or activities could be seen as conflicting with the government’s program declaration is particularly problematic.

This clause violates the right to participation in public affairs, as enshrined in the Slovak Constitution and the EU Charter of Fundamental Rights. Civic organizations play a crucial role in public discourse, promoting transparency and accountability of public authorities. Restricting their involvement based on the government’s political agenda would undermine the essential contribution of civil society to a healthy democracy. Furthermore, the provision is discriminatory, as it discriminates against individuals based on their political views. Empowering the Prime Minister to determine which NGOs are „legitimate“ would breach the principle of non-discrimination.

The proposed code also lacks the legal basis, as the government’s program declaration is not a normative document with binding force. Holding public officials accountable based on such vague criteria would violate the principle of legal certainty and the rule of law.  Overall, this provision contradicts the very concept of open governance that the code of conduct seeks to promote. It undermines the government’s commitments under the Open Government Partnership action plan, emphasizing the importance of meaningful civic participation and collaboration between public authorities and civil society.

It has been seven years since the loss of Ján Kuciak and Martina Kušnírová

Seven years have passed since the tragic loss of Ján Kuciak and Martina Kušnírová, yet their legacy continues to inspire a nation’s fight for justice and truth. In cities and towns across Slovakia, citizens gather to honor their memory and reaffirm their commitment to the values these brave individuals stood for. Ján’s words about corruption’s persistent nature still resonate, challenging Slovaks to question whether they truly desire change.

The struggle for a just society extends beyond journalists and activists, encompassing every citizen who refuses to succumb to apathy. As the nation stands united, it sends a powerful message that Ján and Martina’s sacrifice will not be forgotten, and their dream of a better Slovakia will continue to drive the fight against corruption and injustice.