Nightfrost in Bratislava and the cold comes from Kremlin – Slovak government intensifies the transition to authoritarianism (Zeitgeist 9.)

The impending expiration of resignation periods for thousands of doctors adds urgency to the ongoing negotiations between healthcare professionals and the government amid fears of repeated healthcare crises. Allegations of police misconduct following the tragic death of a homeless man highlight systemic issues within law enforcement. Additionally, the public backlash over students’ Halloween costumes demonstrates rising social tensions exacerbated by political figures’ reactions. Finally, the proposed changes to electoral systems could undermine political plurality, threatening the stability of Slovakia’s democracy. However, the most bizarre event of the last few weeks has been Prime Minister Robert Fico’s Christmas visit to Moscow, where he shook hands with Putin.

Limited information passed the parliament – free access to information is endangered

According to critics, the current proposal of the law exceeds necessary limits, infringing on constitutional rights more than required for its legitimate aims. The MPs did not listen to the request of the CSOs not to support this draft in its current form—concerns centered around a bill on critical infrastructure. A key issue is that the introduction of ‘limited information’ isn’t mandated by EU directives or regulations cited by the drafter and doesn’t align with European standards. Law proponents have not provided data or statistical analyses to justify its necessity.

They also lack details on the scope or impact of the changes proposed. A comprehensive legal transformation, particularly concerning the law on classified information, is underway, suggesting waiting for this revision instead. The law proposal could restrict the fundamental right to information access by simplifying access for authorities while broadly limiting public access to information. There’s concern over an extensive range of entities that can designate limited information, posing risks to transparency and potential misuse. Finally, the law lacks safeguards to prevent its misuse beyond critical infrastructure concerns, showing inconsistencies with constitutional norms regarding information rights.

Freedom of information will be paid

There was still a chance to avoid putting the access to information behind a paywall, when President Peter Pellegrini vetoed the proposal of the law on the limitation of the freedom of information access, proposed by a group of four parliament members from the nationalist party, which caused serious concern among citizens. The CSOs argued that the  Freedom of Information Act amendment included unconstitutional information access restrictions. President joined the argumentation of the CSOs that the bill introduced the vague concept of „exceptionally extensive information search“ without a proper definition, potentially leading to abuse and denial of information requests.

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 amendments to the Freedom of Information Act 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.

How the Foreign Agents Act became the “muzzle” law overnight

The original draft of the Foreign Support Law was notorious for violating numerous fundamental rights, including freedom of association, privacy, and fair trial. The legislative proposal, initially backed by nationalist party MPs, aimed to restrict civic freedoms under the guise of regulating foreign support. A recent amendment by MP Lučanský has further expanded on these violations, adding restrictions on petition rights and limiting access to government officials. Emerging in the spring of 2024, it was evident that the law aimed to suppress dissent from civil society critics. The law serves as a precursor to a broader strategy to erode public scrutiny and criticism, drawing parallels to Russian and Hungarian legislative actions and severely limiting civil society engagement.

The law proposes burdensome administrative demands on NGOs receiving foreign funding. It requires them to register as foreign-supported entities, disclose all donors, and adhere to strict reporting under threat of dissolution by the interior ministry without judicial oversight. Under the revised proposal, expansive definitions of lobbying mean routine civil society activities, such as petitioning or engaging in public discourse, could be classified as lobbying, subjecting organizations to strict reporting and severe penalties for non-compliance. By reclassifying civic participation as lobbying, the law increases surveillance over civil society, threatening punitive measures for non-disclosure of supposed lobbying activities. This legislative push mirrors authoritarian trends, aiming to intimidate and penalize dissenting voices through invasive enforcement and substantial fines. If adopted, this proposal marks a significant step towards autocratic governance.

Doctors vs. Fico IV

The resignation periods of thousands of hospital doctors was about to expire by the end of the year. Yet, for long no agreement has been reached between Health Minister Kamil Šaško and the Medical Trade Union Association on salary increases. Doctors demanded a 9.7% salary hike for the next year, as stipulated in a 2022 memorandum, while the government offered 6.4%, citing austerity measures, which doctors deemed a breach of the agreement. Apart from pay raises, doctors also seeked fair hospital funding, a halt to hospital corporation transformations, and the construction of a national hospital in Bratislava.

In a dramatic turn of events, Slovak doctors across the country have begun withdrawing their resignations, averting a potential healthcare crisis. Health Minister Šaško signed a social peace agreement with the Medical Trade Union Association on December 20, committing the government to meet several demands and continue negotiations on disputed points. This last-minute agreement has prevented a potential collapse of the healthcare system, with doctors conditionally returning to work, pending the government’s fulfillment of its promises by the end of February 2025.

Nightfrost in Bratislava – while PM Fico visits Moscow, Minister of Foreign Affairs Blanár fires pro-western diplomats

In November, Prime Minister Robert Fico has confirmed his intention to visit Moscow in May 2025 for the Victory Day celebrations, following an invitation from Vladimir Putin. Fico’s visit was criticized for the International Criminal Court’s arrest warrant for Putin regarding the war in Ukraine, acknowledged as a violation of international law. Fico argued that the European Union is not pursuing peace in the region and expresses concerns that Ukrainian President Volodymyr Zelensky fears a swift end to the conflict. Since taking office, Fico’s administration has halted military support for Ukraine while maintaining commercial arms contracts amid Slovakia’s reliance on Russian oil and gas. Slovak officials such as Deputy Speaker of Parliament Andrej Danko and MPs from the nationalist party have expressed a strong interest in the trip.

In a surprising and controversial move Fico met with Putin in Moscow already before Christmas. The unannounced visit, the first between the two leaders since 2016, raised eyebrows across the European Union. Fico claimed the purpose of the meeting was to discuss gas transit through Ukraine, citing concerns over President Zelensky’s alleged opposition to such arrangements. The secrecy surrounding the trip, including the lack of public announcement and unclear travel arrangements, has fueled speculation and criticism. 

As tensions rise, Fico doubled down and threatened President Zelensky with stopping selling electricity to Ukraine and reducing aid to Ukrainian refugees in Slovakia. All these Slovak PM’s actions thrust Slovakia into the negative spotlight of European geopolitics.

Slovakia’s 180-degree turn in international politics is also visible in personnel changes. Foreign Minister Blanár dismissed experienced diplomats from the Foreign Ministry, suggesting a strategy to silence professional voices. The parliamentary opposition argues that the ministry’s actions aim to replace diplomats with politically favorable individuals while conducting extensive inspections of politically inconvenient ambassadors. Moreover, recently, Blanár met Russian Foreign Minister Lavrov in Malta, and the Minister of Economy flew to St. Petersburg to meet with Gazprom officials.

All these events and steps taken by Slovak representatives are alarming for the allies within the EU and NATO. 

Slovak Prime Minister Robert Fico is waiting in the Kremlin for his meeting with Russian President Putin. Photo: Artyom Geodakyan, Sputnik

The law on election campaigns does not apply to the Interior Minister

The Commission for Elections and Political Party Financing washed its hands over complaints filed by NGOs regarding potential election violations before the presidential run-off in April 2024. Despite lacking the authority to impose sanctions, which reside with the Interior Ministry and district offices, the Commission was urged to assert its role in overseeing election conduct and campaign financing. The Commission was the last resort of decision-making on the interference of Minister of Interior Šutaj Eštok in the presidential election.

However, it refused to uphold its responsibilities to resolve this issue, claiming no power to decide. Previously, the Bratislava District Office, hierarchically subordinated to the Minister of Interior, ruled in late August that the minister did not violate election laws by publishing paid social media posts against a candidate during the campaign. This decision was called into question by NGOs as politically biased. NGOs argued that these actions breached laws prohibiting third-party campaigning in favor of or against candidates, particularly as the Interior Ministry also recognizes paid social media content as part of election campaigns. The seriousness of the issue points out that the minister who oversees election fairness was involved in the problematic conduct.

Murder of homeless man by police officer and Interior Minister refuses accountabiliy

The Interior Ministry confirmed the death of a 48-year-old man in Košice, linking it to injuries sustained during an altercation with police officers after his arrest for attempted theft of alcohol. Following his arrest, reports indicate that he suffered severe beatings by one of the officers, leading to a decline in his health that resulted in his death on November 6. The officers involved initially denied any wrongdoing, claiming that the man fell and injured himself while trying to escape. Subsequently, one officer was charged with manslaughter and taken into pre-trial custody, while the other officer, who did not intervene, returned to work and may face disciplinary action.

Interior Minister Matúš Šutaj Eštok condemned the incident; he refused his accountability because of the individual failure of the police officer. On the other hand, he promised systemic changes, such as implementing body cameras for police officers. Advocacy groups have called for years for systemic reforms within the police, highlighting the ongoing issues of police brutality in Slovakia. The ombudsman also urged that any use of force by police should be recorded to ensure transparency and accountability.

The Interior Minister publicly humiliated and disciplined students on their Halloween costumes

Interior Minister Šutaj Eštok created so much content this month that he could be a lead role in this month’s Zeitgeist. A school in Bratislava hosted a Halloween party where students dressed as pensioners, with one holding a sign that read “I love Fico,” referencing a viral video of a Smer party supporter. This costume won a competition but sparked outrage from Interior Minister Šutaj Eštok, who asserted that such portrayals contribute to rising social tensions and attributed blame to progressive opposition politicians. Slovakia’s Union of Pensioners expressed discontent, stating that the costume mocked the values of respect and dignity expected in educational settings.

School principal Daniel Kasala defended the students, describing the costume as light-hearted humor rather than mockery, and announced that he reported threats received due to the incident. Amid this controversy, Šutaj-Eštok faced criticism for exposing the students in an unblurred photo, potentially putting them at risk. The students issued an apology, supported by Education Minister Tomáš Drucker, who advocated for the importance of humor and satire in society. In the context of the anniversary of November 17th, dedicated both to students and freedom of expression, Šutaj-Eštok’s actions resemble authoritarian practices.

Money of Slovak taxpayers is less protected than that of European taxpayer

Some months ago, the parliamentary majority adopted the amendment of the Penal Code, which created a non-systemic distinction between various sources of funds. This created a discrepancy between the protection of the EU and the national budget. Crimes involving misuse of EU funds will be punished more severely.

Now, the Collegium of the Supreme Court confirmed the dichotomy of legal protection by issuing a position to unify the interpretation regarding the effects of actions interrupting the statute of limitations for criminal prosecution, particularly about the shortening of the limitation period. According to the Supreme Court, the Penal Procedure Code mandates that the criminality of an act be assessed and punishment imposed according to a later law if it is more favorable to the perpetrator than the law in effect when the act was committed. The inherent component of an act’s criminality includes the statute of limitations for prosecution. This means that if legislative changes shorten the limitation periods, the substantive legal effects of interrupting the statute of limitations remain intact only if the actions causing the interruption occurred when the new, shorter, and thus more favorable limitation period applies. Surprisingly, this does not apply to specific offenses listed in Section 87, paragraph 7 of the Criminal Code that involve harming the financial interests of the European Union.

Rogue nationalist MPs are blackmailing the fragile parliamentary majority

PM Robert Fico’s ruling coalition faces challenges in the final parliamentary session of 2024 following a rebellion by three former coalition MPs led by far-right Rudolf Huliak, reducing their majority from 79 to 76 seats. Despite Fico’s claims that his government still holds the necessary majority, the coalition struggled to assemble sufficient votes to commence the parliamentary session. An attempt by the opposition to discuss a motion of no confidence against Interior Minister Matúš Šutaj Eštok was met with a demand from the coalition to limit the debate to 12 hours.

The majority could not assemble enough votes, and the opposition refused to vote for shortening discussions. As a result, the motion to dismiss the minister was suspended until February 2025. Controversies surrounding Šutaj-Eštok, including instances of police misconduct and alleged threats to national security, formed the basis for the opposition’s calls for his removal. The situation reflects ongoing internal strife and the precarious nature of Fico’s coalition government. 

The composer of the new arrangement of the national anthem threatened those who disagree with the government

The representative of the Culture Ministry Lukáš Machala, and composer Oskar Rózsa, tasked with arranging a new version of the national anthem, traveled to the UK and posed for a photo with Daniel Bombic, who is charged with extremism. In the image, Bombic displayed a neo-Nazi “white power” sign, which led to public outcry, prompting Rózsa to deny any neo-Nazi affiliations in a subsequent video.

He dismissed the criticism by claiming the new anthem arrangement is not meant for dissenting groups. The Slovak Culture Ministry has allocated €45,600 for this project, with Rózsa set to receive €20,000 as his fee. Bombic faces various criminal charges and is currently evading extradition to Slovakia while maintaining a contradictory narrative on social media regarding his situation.

PM Fico plans to change the electoral system

Prime Robert Fico has proposed significant changes to Slovakia’s electoral system, advocating for an increase in the parliamentary entry threshold from 5% to 7% and a substantial rise in the election deposit to €500,000. He argues that the current political landscape necessitates reform to reduce the number of parties in parliament. Under this new threshold, recent polls suggest that only Smer, Hlas, and Progressive Slovakia would secure seats, while other parties like KDH and SNS could be excluded. President Peter Pellegrini criticized Fico’s proposal as a distraction from pressing issues facing the country, such as a mass resignation of doctors, and preferred reforms to the criteria for party registration instead.

Critics claim that Fico’s initiative threatens political competition and could facilitate autocratic rule. The proposed changes would restrict underrepresented parties from participating, reinforcing the dominance of larger parties at the expense of smaller groups. Such a change would solidify Smer’s power amid a narrow parliamentary majority. Overall, Fico’s proposal raises concerns about the future of political plurality in Slovakia.

Judicial Council and Justice Ministry united in the categorization of judges between favorable and non-favourable

The Judicial Council of Slovakia has adopted a resolution condemning media attacks on judges for their decision-making activities, specifically focusing on recent public criticism of Judge Viera Hadrbulcová. The Council strongly asserts that attacks on individual judges are tantamount to assaults on the entire judiciary, potentially threatening judicial independence and even the safety of judges and their families. Hadrbulcová awarded a preliminary measure in favor of far-right accused internet aggressor Daniel Bombic, banning the public media from referring to him as extremist and anti-semite until he is found guilty by the court. Bombic is currently on the run in the UK, refusing to face charges in Slovakia. Interestingly, another court previously described Bombic as a “supporter of extremist groups” in a separate case. Justice Minister Susko and the Chairwoman of the Judicial Council of Slovakia, Marcela Kosová have sparked controversy with their recent stance on media criticism. In a unanimous decision, the Council supported judge Viera Hadrbulcová.

The Judicial Council forgot its role as a constitutional body and protector of citizens’ rights, including freedom of expression. The Council’s statement and subsequent discussions appear to directly call for limiting press freedom without distinguishing between professional journalists and anonymous internet commenters. However, in the December meeting, the Judicial Council refused to back the judges who were criticized in the controversial report of the Justice Ministry about grievances towards the Justice Minister’s party SMER-SD. In this report, the Ministry accuses particular judges of being organized towards damaging the party members. In addition, the Judicial Council did not react to threats from Štefan Harabin, infamous former Chief Justice and current politician,  towards judges who decided against him, in the case where a company, ESET, sued Harabin for defamation when he accused ESET of meddling in the presidential election. Harabin threatened to fire these three judges. This double standard of the Judicial Council towards the protection of judges is visible since the controversial replacement of 9 members of the Council after October 2023.

Judicial Council of the Slovak republic. Photo: sudnarada.gov.sk