One could not imagine how much harm Fico IV can do (Zeitgeist 8.)

Moreover, we witnessed attacks on the Whistleblower’s protection authority, the Slovak Prime Minister’s appearance on Russian state TV, attacks on the Supreme Administrative Court, political maneuvering within the ruling coalition, and controversial investigation into an assassination attempt on the Prime Minister. Furthermore, Slovakia experiences healthcare crisis with doctors threatening to resign, attacks on journalists and the use of SLAPP lawsuits, and the controversial passing of a consolidation package using fast-track legislative procedures. These topics collectively paint a picture of significant challenges to democratic norms, transparency, and the rule of law in Slovakia.

Freedom of information will be difficult, unpredictable, and expensive

The bill on the limitation of the freedom of information access, proposed by a group of four parliament members from the nationalist party, is a cause for serious concern. This parliamentary majority has used this group of PMs to propose many controversial bills in the last year. The SNS party’s proposals are of such low quality that they wouldn’t pass inter-ministerial review, forcing them to exploit the coalition agreement.

A recent example is their proposed amendment to the Freedom of Information Act, which includes unconstitutional information access restrictions. The nationalist group aims to make transparency in a democratic state more difficult, unpredictable, and expensive for those seeking information. They propose introducing the vague concept of “exceptionally extensive information search” without a proper definition, potentially leading to abuse and denial of information requests. The proposal lacks clarity on fee determination and fails to provide an adequate appeal process. Unlike the Czech law that inspired it, the Slovak proposal gives requesters only 7 days to pay or appeal, compared to 30 for payment and 60 days for appeal in the Czech Republic.

Limited information as a blank check for public authorities to hide

A new legislative proposal introduced the “limited information” concept in Slovakia’s Classified Information Protection Act. This change aims to restrict access to information deemed too sensitive for public release but not classified enough to be considered confidential. However, the proposal raised concerns about its potential impact on constitutional rights to information access. Thanks to public support and a petition with over 14,000 signatures, civil society organizations engaged in a legislative amendment process with the Ministry of Interior.

While the organizations preferred to omit the “limited information” concept in the law, they at least managed to secure some safeguards and restrictions on its use. The proposal now includes more precise definitions of what can be considered “limited information” and mandates the publication of categories of such information. However, concerns remain about public authorities’ potential abuse of this new legal instrument, as judicial remedies may be costly and complex for individuals. The effectiveness of this new law will depend on how public institutions implement it, especially in the current political climate where the rule of law is under pressure.

Law on foreign support in the house

Slovakia’s “foreign support” bill aims to create a category of civil society organizations receiving foreign funding above a certain threshold, imposing additional reporting and disclosure requirements. The bill claims to increase transparency in NGO financing, but its broad and vague nature raises concerns about potential violations of fundamental rights, including freedom of association and expression. Organizations receiving more than 5000 euros from foreign or unidentified sources must register as “foreign-supported organizations.” The proposal lacks a legitimate aim for restricting freedom of association under the Slovak Constitution and international human rights law. It potentially discriminates against organizations based on their funding sources, contradicting the constitutional prohibition on discrimination.

The bill bypasses standard legislative procedures and consultations with civil society. It fails to meet international human rights standards for restricting freedom of association. Concerns about its potential chilling effect on civil society and foreign funding exist. The proposed registration and labelling requirements may stigmatise specific organizations and risk being misused against government critics. Alternative, less restrictive measures could include regulating lobbying activities, strengthening political party financing rules, or enhancing anti-corruption laws. The final approval of the parliament has been postponed from june till now, the MPs still didn’t pass the legislation or introduced any changes to the original proposal.

MPs from the SNS party submit the most bills that restrict the rights of Slovak citizens.

Restriction to participation in nature protection proceedings

The MPs from the Slovak National Party (SNS) proposed eliminating public participation in nature protection proceedings. The amendment, introduced by Rudolf Huliak and other SNS members, which effectively limits nature protection, moved to the second reading. MP Milan Garaj has submitted an amendment to exclude the public from these proceedings, which involve issuing exemptions or approvals for construction and logging in protected areas, tree felling in cities and villages, and killing protected animals. Under the proposed changes, the public and environmental associations would lose their status as participants in the proceedings, significantly limiting their ability to influence decisions or appeals.

This proposal contradicts the Aarhus Convention, which requires effective public participation in environmental decision-making. The amendment would make it easier to carry out logging and construction in protected areas, as well as the overall devastation of Slovak nature. Critics argue that this move harms Slovak nature and undermines fundamental principles of the rule of law. Currently, environmental organizations can participate in proceedings related to nature protection, often successfully preventing harmful projects by developers or loggers.

A new amendment to Slovakia’s Environmental Impact Assessment (EIA) law has recently significantly restricted public participation in the construction approval. Despite potential effects on local traffic and air quality, municipalities will no longer be informed about potentially impactful projects in neighboring areas, such as quarries or incinerators. The law has removed the mandatory assessment requirement for specific investments, raising concerns about the increased negative impact of construction projects on communities. These changes severely limit the rights of citizens and municipalities to comment on and influence development plans. There are also concerns about the involvement of developer representatives in drafting the new legislation, potentially compromising its impartiality.

Director of the Whistleblower’s protection authority under political attack

Defense Minister Robert Kaliňák announced plans to file a criminal complaint against Zuzana Dlugošová, the head of an independent Whistleblower protection office that fined the Interior Ministry for unlawfully suspending protected whistleblowers from NAKA (National Criminal Agency). Kaliňák made several false claims, including that a court ruled Dlugošová fraudulently granted whistleblower status, when in fact, such decisions are made by the prosecutor’s office, not her office.

This announcement is another instance of unacceptable intimidation against a public official performing her duties independently. Such attacks by political representatives on public officials who act lawfully and independently set a dangerous precedent, undermining the rule of law and deterring others from standing up for truth and justice. Public officials and political leaders are called upon to respect the rule of law, the independence of courts, prosecutors, and other institutions, and to refrain from actions that undermine citizens’ trust in democracy and the rule of law. The Stop Corruption Foundation has launched a public petition in support of Zuzana Dlugošová.

Slovak Prime Minister in the Russian TV

Slovak Prime Minister Robert Fico appeared on the Russian state TV channel Rossiya-1, criticising Ukraine’s allies and expressing willingness to meet with Russian President Vladimir Putin. Fico accused European powers of prolonging the war through their support for Ukraine and repeated Russian claims about a potential peace deal in Istanbul being thwarted. He stated that anti-Russian sanctions are ineffective and that he’s ready to speak with Putin if necessary.

Fico also accepted an invitation to attend Victory Day celebrations in Moscow, considering it an honour and a moral duty to thank the Red Army. The interview was conducted by prominent pro-Kremlin host Olga Skabeyeva, known for her strong support of Putin’s regime. The Slovak opposition criticised Fico’s appearance on Russian propaganda television as shameful. This interview marks a significant shift in Slovakia’s stance towards Russia and Ukraine since Fico’s government took office last autumn, moving away from military support for Ukraine and advocating for normalised relations with Russia.

Robert Fico in a Rossiya 1 political talk show hosted by Russia’s sanctioned propagandist-in-chief, Olga Skabeyeva.
source: reprophoto Rossiya 1

Judicial representatives trying to delegitimize the Supreme Administrative Court

Slovakia’s Judicial Council members have criticised the Supreme Administrative Court (SACSR) for its new employee benefits and questioned its financial management. These benefits include paid days off and bringing pets to work. The SACSR leadership views these statements as an attempt to discredit the court and undermine its judges’ integrity. They argue that employee benefits are unrelated to the Judicial Council’s competencies or the NSS’s decision-making activities. The SACSR maintains that public trust is primarily based on quality, timely decision-making, and the cultured behavior and attitudes of judges and courts.

They also point out that the National Audit Office is currently conducting an audit of the SACSR’s financial management, with a government audit scheduled for October 2024. The SACSR is prepared to face constructive criticism but disagrees with the sensationalization of public discourse. The SACSR is the highest judicial body for administrative justice, deciding on the constitutionality and legality of municipal elections and serving as a disciplinary court for judges, prosecutors, and other legal professionals. Despite challenging beginnings, the NSS has gained respect through its jurisprudence among domestic courts, public administration bodies, and academic circles. The criticism from Judicial Council members regarding employee benefits and financial management is one from the series of attacks through which the Judicial Council discredits supreme courts in the country directly or supports the attacks towards courts from the Ministry of Justice. 

Rogue MPs are blackmailing the ruling coalition and Muňko to the rescue

Far-right MPs Huliak, Ševčík and Ľupták have left the Slovak National Party (SNS) club for dissatisfaction with their voices being unheard. Huliak, who recently sparked controversy with his remarks and demands, has been called a traitor by SNS leader Andrej Danko. As a result, SNS will lose its parliamentary caucus status and no longer have the required eight MPs. This loss would have significantly impacted SNS, one of the three coalition parties, stripping them of caucus-related privileges. However, PM Fico fixed the situation by leasing SNS one of the MPs from SMER-SD Dušan Muňko. It is the same Muňko who sold Fico his luxurious apartment in Bratislava for suspiciously low price.  

 Huliak pledges to continue supporting the ruling coalition in return for one ministry. He also criticized Environment Minister Tomáš Taraba’s management as “amateurish,” particularly regarding issues with bears, beavers, and cormorants. The departure follows recent controversies, including Huliak’s verbal attack on a MP Lucia Plaváková who affiliates with queer community.  Despite Huliak’s pledge to support the coalition, the three rogue MPs refused to come to the parliament last week and, therefore, blocked the proceedings. In order to adopt the proposed bills, HLAS-SD forced the meeting of MP Ján Blcháč who undergoes medical treatment.

PM Fico requested the report on his own assassination attempt

The investigation into the May assassination attempt on Prime Minister Robert Fico in Handlová remains shrouded in secrecy, with the General prosecutor’s office imposing an information embargo. Fico has already started framing the narrative, portraying the shooter as a tool of sinister opposition forces trying to oust him. However, details from the court rulings do not fully support Fico’s claims.

Concerns have been raised about potential mishandling of the investigation by the police and the involvement of the controversial SIS intelligence agency, which Fico has said is “working on it.” Opposition parties worry the government may use the investigation against its critics. Five months later, critical aspects of the investigation, such as the failure of Fico’s security detail, remain unexamined. As Fico seeks to control the narrative, the integrity of the investigation and Slovakia’s institutions is being tested.

2 500 doctors threaten to resign

Thousands of hospital doctors in Slovakia are preparing to resign by the end of October, threatening to cripple the country’s healthcare system. The doctors’ union has called on the government to negotiate, citing systemic issues like understaffing and poor working conditions, not just wages. Health Minister Kamil Šaško has offered a pay raise, but doctors say it falls short of their demands.

The union has criticized the government’s plan to convert hospitals into joint-stock companies, seeing it as privatization. Nurses have also expressed dissatisfaction, warning that their roles become untenable without doctors. The government’s efforts to address the crisis, including online videos from the Minister, have failed to avert mass resignations. Prime Minister Robert Fico has not directly engaged with the doctors’ union. The union accuses the government of ignoring their concerns, while Fico’s party, Smer, is also losing popularity in polls following the consolidation measures.

Consolidation package passed

Fico IV bypassed standard legislative procedures to push through a 2.7 billion EUR consolidation package using a fast-track legislative process. This allowed the coalition to limit parliamentary debate to only 12 hours. The measures were proposed and approved by parliament in just a few days without proper justification or opportunity for public and expert input. This violates principles of the rule of law, which require new legislation to go through a thorough, systemic process without time pressure.

Fast-track legislative processes should only be used in exceptional circumstances to address urgent threats to rights, security, or the economy. Passing major cost-increasing measures so quickly denies the public and affected businesses the chance to review and provide feedback properly. This abuse of expedited procedures has worsened under Fico IV, with more laws being rushed through than ever in Slovak history. In the first year of the Fico IV government, 39% of the legislation was passed to the fast-track legislative process (the previous Matovič/Heger government passed only 18% in the same timeframe during the first year of pandemic situation in 2020).