Before leaving for vacation, Slovakia is struggling for its future in the EU and the West (Zeitgeist 13.)

The ongoing Hacienda scandal has exposed deep-rooted issues of oligarchy and corruption, leading to increased scrutiny from the European Parliament and tensions with EU officials. In a high-profile case, the President of the National Bank of Slovakia has been convicted of bribery. Environmental protection is also under threat, with proposed changes to the Nature and Landscape Protection Act facing widespread opposition from scientists and experts. The fueling of pro-Russian narratives has become a contentious issue, as evidenced by the rejected proposal for a referendum on EU sanctions against Russia. In the cultural sphere, the secretive removal of a valuable marble bust attributed to Donatello has sparked debate about the preservation and accessibility of Slovakia’s artistic heritage. Prime Minister Robert Fico’s suggestion of neutrality for Slovakia has been met with strong opposition, reflecting deep divisions over the country’s geopolitical alignment.

Amendment of the constitution, which denies the primacy of EU law

The proposed constitutional amendment, supported by Fico’s SMER-SD, HLAS-SD, SNS, and KDH, bears a resemblance to KDH’s previous endorsement of Fico’s 2014 amendment, which was later deemed unconstitutional. While the amendment’s focus appears to be on Article 52a, recognizing only the male and female sexes, this is a smokescreen for more significant changes in Article 7, which suggest that Slovak laws will have priority over EU laws and international treaties in matters of national identity. The ruling coalition’s broad definition of national identity raises concerns about the protection of fundamental rights and the potential retroactive invalidation of previously signed international treaties. The proposal’s unclear language, which employs terms such as “primarily” and “mainly,” has raised concerns about potential manipulation and fraudulent practices in legislative procedures. The legislative process for this constitutional amendment has been messy and shady, with significant changes introduced just before the vote. Due to behind-the-scenes agreements, it was expected that the parliament would hold a brief meeting of the constitutional committee, followed by a short debate and an expedited vote. However, the amendment vote was ultimately postponed to September due to a lack of support from one member of the ruling coalition and one member of KDH, highlighting the contentious nature of this proposed change to Slovakia’s constitution.

The proposed amendment to the Constitution of the Slovak Republic has also raised significant concerns among legal experts. Legal experts concluded that it is incompatible with EU and international law, which could potentially harm Slovakia’s membership in the EU and the Council of Europe. The amendment contradicts the principle of EU law primacy, which Slovakia agreed to respect upon joining the EU, and no other EU member state has similar constitutional provisions. Experts argue that the amendment could weaken or make impossible the enforcement of international and European court decisions on human rights. The proposal’s vague and ambiguous language, using terms like “national identity” and “cultural and ethical issues,” threatens constitutional pillars and could endanger the democratic system by allowing human rights violations and authoritarian determination of “national identity.” The amendment’s retroactive nature violates fundamental principles of international law and could create concerns among foreign investors about non-compliance with international treaties on investment protection. Similarities to controversial amendments made in Hungary and Russia, which led to negative consequences, have been noted.

Hacienda scandal – soap opera on Slovak oligarchy

In the past month, members of the European Parliament have held more than fifteen meetings in Slovakia. They discussed the state of the rule of law and democracy not only with Prime Minister Fico but also with representatives of various ministries, including the Interior and Justice Ministries. They met with representatives from the General Prosecutor’s Office, the Judicial Council, the Supreme Court, the Public Defender of Rights, and civil society organizations. The result of these meetings is an assessment that several reforms being pushed by Robert Fico’s fourth government threaten democratic principles in Slovakia and the fight against corruption. The EU has expressed deep concern about Slovakia’s adherence to the rule of law and transparency in the allocation of EU funds, as evidenced by two recent European Parliament missions.

These missions, focusing on EU fund usage and rule of law observance, have heightened tensions, with Prime Minister Robert Fico calling one mission leader a “hired political assassin.” SMER politicians dismissed the first mission as a “hybrid operation” orchestrated by the Slovak opposition. At the same time, MEP Daniel Freund stated that his concerns about Slovakia’s rule of law have worsened after discussions with local partners. Key issues highlighted include amendments to the Criminal Code, the scrapping of the Special Prosecutor’s Office, the reorganization of the National Crime Agency, and the powers of the general prosecutor. MEPs expressed concerns about Slovakia following Hungary’s path in terms of deteriorating the rule of law. Corruption suspicions, particularly in the distribution of EU funds in the agricultural sector, were a significant focus, with investigations revealing that funds intended for tourism infrastructure were being diverted to private luxury residences. The SMER party has rejected these allegations and blocked attempts to debate these issues in parliament. At the same time, Foreign Minister Juraj Blanár and other coalition politicians have reacted defensively to criticism from EU officials and the German Chancellor.

This is Fafokan, a private luxury residence where misuse of EU funds is suspected. photo & copyright: Tomáš Benedikovič, Denník N

The president of the National Bank of Slovakia was convicted of bribery by the first-level court

Peter Kažimír, former Finance Minister and Deputy Chairman of the SMER party, has been convicted for the second time by the Specialized Criminal Court for allegedly bribing František Imrecze, the former president of the Financial Administration, with €48,000 in 2017. The court imposed a financial penalty of €200,000 on Kažimír, though the prosecutor had requested a prison sentence. The bribe was allegedly intended to expedite and positively conclude tax appeal proceedings for certain companies associated with Ladislav Rehák, from whom Kažimír had purchased a villa at an unusually favorable price.

Interestingly, a recent amendment to the Criminal Code pushed through by Fico’s government could have resulted in the statute of limitations expiring for Kažimír’s case. However, due to pressure from the European Union, the government had to revise the amendment to ensure adequate protection of EU funds. The judge applied Article 334 of the Criminal Code, which pertains to corruption that damages or threatens the EU’s financial interests, to convict Kažimír. Kažimír, who remains the governor of the National Bank of Slovakia until a new governor is elected, plans to appeal the verdict, which is not yet final. Immediately after the decision, the PM Robert Fico, as well as other SMER and HLAS representatives, started to verbally attack the judge Cisarik, who rendered the judgment. These political attacks on judicial decision-making are becoming a regular reaction of the ruling coalition to unfavourable court decisions.

Nature and Landscape Protection Act under threat, again

Another controversial amendment to Slovakia’s Nature and Landscape Protection Act, proposed by members of the SNS party, was once again on the parliamentary program. This amendment has been criticized for significantly weakening environmental protection. Opposition to the bill was widespread, with 345 scientists and experts, various ministries, government offices, and even the Slovak Government itself expressing concerns. Critics argue that the ruling coalition is systematically dismantling years of environmental protection efforts without proper consultation with experts. State Secretary Filip Kuffa’s active promotion of this parliamentary proposal has been deemed inappropriate, as such changes should typically undergo a different legislative process.

Environmental organizations, including Zelená väčšina and VIA IURIS, have called for the immediate withdrawal of the amendment from parliamentary proceedings. In a recent development, the Agriculture and Environment Committee did not support the amendment, with opposition members voting against it and coalition members abstaining. Environmental groups highlight that this is the fifth time in 18 months that the current government has altered the well-functioning nature protection law, often without proper preparation or discussion.

Fueling of pro-Russian narratives is backfiring in the face of President Pellegrini

President Peter Pellegrini has rejected a proposal for a referendum on EU sanctions against Russia, put forward by the pro-Russian Slovak Renewal Movement (SHO). The proposed question aimed to gauge public opinion on whether Slovakia should refrain from applying sanctions that harm Slovak citizens and businesses. Pellegrini cited several reasons for his rejection, including ambiguity in the wording of the question and potential constitutional conflicts. He emphasized that the referendum question lacked clarity, precision, and enforceability, and noted that relevant state institutions had expressed legal concerns. The SHO accused Pellegrini of violating the constitution, claiming they had submitted nearly 400,000 signatures in support of the referendum.

The Coalition party SNS, led by Andrej Danko, called the president’s decision unlawful and offered legal support to SHO. Meanwhile, SNS MPs have submitted a resolution to parliament seeking to prevent Slovak representatives from backing further sanctions against Russia. Opposition parties welcomed Pellegrini’s decision, with Progressive Slovakia praising his stance and SaS warning of potential disputes within a coalition. The issue has highlighted the political divide in Slovakia regarding the country’s stance on Russia and EU sanctions.

 Is Donatello turning in his grave?

A marble bust, believed to be the work of Renaissance artist Donatello, was secretly removed from the Spiš Museum in Levoča, eastern Slovakia. The removal was accompanied by an armed unit and coordinated by Lukáš Machala, general of the Culture Ministry. The bust had been held under strict security measures in the museum’s depository, amid fears it would be removed from Levoča. The Culture Ministry confirmed the transfer of the bust, stating that the museum lacked sufficient infrastructure to protect such a high-value cultural object.

This is not the only cultural treasure that has been hidden from public view. According to a Progressive Slovakia MP, a rare 19th-century cast of Michelangelo’s Madonna and Child is also housed behind closed doors at Budmerice manor, with the public barred from accessing the site since the Culture Ministry took ownership. Machala defended the removal of the bust, stating that it is now “truly safe, protected at a top-tier location with police support.” However, conservationists have urged the ministry to allocate funds to exhibit the bust in Levoča, where it “contextually belongs.”

King of chaos – Fico like a bull in the china shop

Slovak Prime Minister Robert Fico suggested that neutrality would be beneficial for Slovakia in the current climate of “senseless militarization.” Fico made these remarks in response to a proposal to increase defense spending among NATO member states to 5% of GDP, which was set to be discussed at the upcoming NATO summit in The Hague. Fico publicly spoke about Slovakia’s potential neutrality for the first time, criticizing Europe for provoking the situation in Ukraine and arguing that this could lead to declarations of war. However, Slovak President Peter Pellegrini dismissed Fico’s neutrality comments as a “provocative idea” that could endanger Slovakia’s security. Pellegrini warned that such a discussion could even lead to a referendum on NATO membership.

Opposition politicians strongly condemned Fico’s remarks, with Michal Šimečka of the Progressive Slovakia party calling them “absolutely scandalous” and Karol Galek of SaS warning that neutrality would be the most expensive option for Slovakia. Moreover, Slovakia has signaled a slowdown in its support for EU sanctions against Russia. Foreign Minister Juraj Blanár stated that he will request a postponement of the EU’s 18th sanctions package until decisions are made on the RePower plan, the EU’s strategy to reduce its dependence on Russian fossil fuels.