What changed

Follow up to the European Parliament non-legislative resolution on the planned dissolution of key anti-corruption structures in Slovakia and its implications on the Rule of Law

P9_TA(2024)0021

Resolution tabled pursuant to Rule 123(2) of the European Parliament's Rules of procedure

Planned dissolution of key anti-corruption structures in Slovakia and its implications on the Rule of Law

Reference numbers: 2023/3021 (RSP) / B9-0062/2024 / P9_TA(2024)0021

PE756.747

Date of adoption of the resolution: 17 January 2024

European Parliament resolution of 17 January 2024 on the planned dissolution of key anti-corruption structures in Slovakia and its implications for the rule of law (2023/3021(RSP))

Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)

– having regard to Articles 2, 4, 6, 7 and 10 of the Treaty on European Union,

Brief analysis/ assessment of the resolution and requests made in it:

– having regard to Article 325 of the Treaty on the Functioning of the European Union,

The resolution expresses concern over the accelerated legislative process regarding the proposed amendments to the Slovak criminal codes and other related acts, which also entail the dissolution of the Special Prosecutor’s Office, as well as over a separate accelerated legislative process regarding changes to the Act on the Protection of Whistleblowers. It warns that these amendments, among other, threaten the integrity of judicial processes, undermine the European Union’s fight against fraud and jeopardise the protection of the EU’s financial interests and the EU anti-corruption framework. The European Parliament recalls the need for sufficient and adequate safeguards to ensure the continuation and effectiveness of new and ongoing criminal cases, especially in relation to high-level corruption, and for a thorough public consultation process at national and EU level, and with other relevant institutions such as the Venice Commission. It refers to the recommendations issued in the Commission’s Rule of Law reports, the EU Whistleblower Directive and the recommendations of the European Public Prosecutor’s Office (EPPO). It calls on the Commission to closely monitor and provide information about these developments, and to take necessary actions to safeguard the rule of law, especially with respect to cases of high-level corruption, and to protect the EU’s financial interests. It calls on the Slovak government to reconsider these amendments and to uphold the principle of sincere cooperation with the EU institutions. The European Parliament also addresses the developments and steps or intentions of the Slovak government as regards civil society, journalists, public service media and media freedom. As regards the Commission’s position and steps taken in relation to the rule of law situation in Slovakia, please see response below.

– having regard to Articles 11, 12, 41 and 47 of the Charter of Fundamental Rights of the European Union,

Response to the requests in the resolution and overview of the action taken, or intended to be taken, by the Commission:

– having regard to its resolution of 28 March 2019 on the situation of the rule of law and the fight against corruption in the EU, specifically in Malta and Slovakia,

The Commission has been closely monitoring the rule of law related developments in Slovakia in the context of the Annual Rule of Law Cycle. From an early stage of the intended reforms of the criminal codes and related laws, as well as of the Act on the Protection of Whistleblowers, the Commission has made it very clear that it has concerns as regards compliance of the amendments with EU law, including Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law and Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office, and the 1997 Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, including the impact of these amendments on the fight against corruption and the protection of the EU’s financial interests more generally (paragraphs 1 and 2 of the resolution). In this context, the Commission also notes the draft proposal for a Directive on combating corruption through criminal law.

– having regard to its resolution of 19 April 2018 on protection of investigative journalists in Europe: the case of Slovak journalist Ján Kuciak and Martina Kušnírová,

The Commission has clearly expressed its readiness for dialogue and to support Slovak authorities as regards the draft legislation. In this regard, several exchanges have been held at both political and technical level. The Commission shared in writing its detailed concerns, which also integrated the analysis conducted by the EPPO and shared by the European Chief Prosecutor, with Slovak authorities on 24 January 2024 and reaffirmed its concerns in a letter of 8 February from Commissioner Reynders to the Slovak Minister of Justice. The Commission notes that the amendments to the criminal codes were adopted by the Slovak Parliament on 8 February 2024 and understands that some of its concerns might have been addressed through last minute amendments introduced ahead of the final vote. However, a number of concerns of the Commission persisted. This is why on 29 February Commissioner Reynders wrote to the Slovak Minister of Justice and met him and the Deputy Prime Minister for the Recovery and Resilience Plan and the European Funds on 5 March in Brussels. On 28 February 2024, the Constitutional Court decided on three constitutional complaints, submitted by the President of the Republic and two groups of Members of the Slovak Parliament. The Court accepted all complaints in their entirety for further proceedings and suspended, until its final decision, the amendments to the Criminal Code, two changes to the Criminal Procedural Code and amendments to the Act on the Criminal Liability of Legal Persons. Remaining amendments will enter into force on 15 and 20 March 2024, respectively, the latter applying to the dissolution of the Office of the Special Prosecutor. The Commission’s final assessment will be carried out based on the actual wording of the adopted legislation at the end of the legislative process. The Commission’s services stand ready to continue supporting the Slovak authorities, including at technical level, to remove the concerns identified in the ongoing legislative process.

– having regard to the Commission communication of 5 July 2023 entitled ‘2023 Rule of Law Report – The rule of law situation in the European Union (COM(2023)0800),

As regards the choice of a fast-track legislative procedure for the amendments (paragraphs 1 and 3 of the resolution), the Commission shares the concerns raised by the European Parliament, given the wide-ranging implications of the amendments. It has encouraged the Slovak authorities to conduct a thorough public consultation process and seek the advice of the Venice Commission.

– having regard to Rule 132(2) of its Rules of Procedure,

As regards paragraph 5 of the resolution, the Commission will continue monitoring the situation, especially with respect to systemic weaknesses relating to the investigation and prosecution of high-level corruption and crimes affecting the Union’s financial interests, and will not hesitate to take any measures at its disposal which it deems necessary to protect EU values, law and financial interests, including if further concerns were to surface in the application of the amendments.

A. whereas over the past several years Slovakia has stepped up its efforts to combat high-level corruption and organised crime, with several former high-ranking officials charged with bribery offences and final court decisions; whereas the Slovak Special Prosecutor’s Office, which started its activity on 1 September 2004, and the Slovak police have been instrumental in handling cases connected to corruption and serious crimes, including those related to the misuse of EU funds;

Paragraphs 4 and 6-11 represent longstanding concerns included in the annual Rule of Law Reports and the country specific recommendations to Slovakia therein. These include, in particular, a recommendation to “Take measures to improve the coordination among the different law enforcement entities and ensure the objectivity of prosecutorial decisions, including by continuing to advance the legislative amendments to restrict the power of the Prosecutor-General to annul prosecutorial decisions with a view to promoting a robust track record of high-level corruption cases”, “Advance with the process to establish legislative and other safeguards to improve the physical safety and working environment of journalists, including the reform of defamation law, taking into account European standards on the protection of journalists”, “Continue with the process of strengthening the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account the European standards on public service media” and “Ensure effective public consultation and stakeholder involvement in the law-making process” [2023 Rule of Law Report recommendations]. The rule of law recommendations were also raised with the Slovak authorities as part of the follow-up process to the 2023 Rule of Law Report. The detailed assessment of the rule of law situation in Slovakia, including the implementation of the rule of law recommendations, will be presented in the 2024 Rule of Law Report, which is under preparation.

B. whereas the low number of cases investigated and the absence of an effective mechanism for fighting corruption and organised crime in Slovakia were the key reasons behind the creation of the Special Prosecutor’s Office in Slovakia; whereas a similar specialised institute exists in several other Member States, including the recently established specialised European Prosecutor at EU level, which Slovakia endorsed in the Council;

C. whereas the new government decided to dismantle the Special Prosecutor’s Office and to reduce criminal penalties for serious crimes, including corruption and environmental crimes, by amending the criminal code through a fast-track legislative procedure at the beginning of its mandate.

D. whereas the expedited procedure has removed the possibility for a meaningful public debate or due democratic process; whereas more than 20 000 citizens have repeatedly taken to the streets to protest against the controversial proposal; whereas more than 100 000 citizens have co-signed two petitions against the government proposals and fast-track legislative process; whereas the Slovak President has expressed deep concerns about the proposal and fast-track legislative procedure and has indicated that she would veto the law; whereas in the 2023 Rule of Law Report, the Commission recommended that Slovakia ensure effective public consultation and stakeholder involvement in the law-making process;

E. whereas throughout the accelerated legislative process, the Slovak Government has refused to take into account expert analysis and opinions of civil society and the Commission, including strong concerns expressed about how the proposed changes would undermine the fight against corruption;

F. whereas, in parallel, the Interior Minister has made substantial staff changes and announced significant structural and organisational changes to the Slovak police and other independent democratic institutions, including concerning investigators working on serious criminal and high-level corruption cases in Slovakia’s National Criminal Agency, raising doubts about the motivations behind such changes; whereas the Slovak Government has replaced members of the Judiciary Council of the Slovak Republic before the end of their mandate and without proper justification;

G. whereas the Slovak Government has proposed legislation to Parliament that would eliminate whistleblower protection for police officers, undermine freedom of expression and limit the rights of all people in Slovakia based on the introduction of arbitrary, subjective assessment, which goes against the principles of the EU’s Whistleblower Directive;

H. whereas the European Public Prosecutor’s Office (EPPO) stated on 18 December 2023 that some legislative amendments proposed by the Slovak Government concerning key legal and prosecutorial frameworks could pose risks to the effective protection of the European Union’s financial interests, as well as to its anti-corruption framework, and would no longer ensure that offences against the EU budget are punishable by effective, proportionate and dissuasive criminal sanctions in Slovakia; whereas dismantling the Special Prosecutor’s Office could undermine collaboration and coordination with the EPPO, the EU Agency for Criminal Justice Cooperation and the European Anti-Fraud Office;

I. whereas the Slovak Prime Minister often resorts to divisive language in order to polarise Slovak society; whereas a respectful exchange of views between political leaders and all citizens, including students, is essential for the healthy functioning of democracy;

J. whereas in the past, public attacks by politicians in Slovakia against journalists, civil society and vulnerable groups have created a permissive environment for hate speech, in which serious violent crimes have been committed, including the murders of Ján Kuciak and Martina Kušnírová; whereas Ján Kuciak specialised in reporting on large-scale tax evasion, tax fraud, corruption and money laundering, and conducted investigations on several businessman with connections to high-level politicians; whereas the murder of Ján Kuciak and Martina Kušnírová is one of the most complex cases being investigated and supervised by the Special Prosecutor’s Office; whereas there is a risk of the file being transferred to a new prosecutor if the Special Prosecutor’s Office is dismantled;

1. Expresses deep concern over the Slovak Government’s unjustified accelerated legislative process, particularly regarding the proposed amendments to the criminal code and the dissolution of the Special Prosecutor’s Office, which threatens the integrity of judicial processes, undermines the European Union’s fight against fraud and jeopardises the protection of the EU’s financial interests and the natural environment in Slovakia; calls on the Slovak Government to reconsider these amendments in the light of their potential consequences for the rule of law, the EU’s financial interests and the EU anti-corruption framework; calls on the Slovak Government to respect the binding principles of the EU Whistleblower Directive and reconsider the proposed changes to whistleblower protection in Slovakia; expresses particular concern about whistleblowers being retroactively stripped of their protection, resulting in a lack of legal certainty; notes that the Slovak Whistleblower Protection Office has flagged up these issues to the Commission;

2. Recalls that any criminal reform must contain sufficient and adequate safeguards to ensure the continuation and effectiveness of new and ongoing criminal cases, especially in relation to high-level corruption, as well as to guarantee the independence of the judiciary and the autonomy of the prosecutorial service in line with the Commission’s recommendations in successive rule of law reports; expresses concern that the re-assignment of the Special Prosecutor’s cases may lead to considerable delays, and that some cases may collapse in view of the statute of limitations; urges the government to address the long-standing call for a reform of paragraph 363 of the Slovak Criminal Procedural Law and to introduce the possibility of challenging a decision of the General Prosecutor not to prosecute and other measures or safeguards to prevent the misuse of this provision;

3. Emphasises the need for a thorough public process that would take into account opinions of experts and relevant institutions, such as the Venice Commission, and include adequate stakeholder and public consultations at national and EU level about any changes to the current criminal code and structures tasked with investigating and prosecuting serious crime, including cases of corruption in Slovakia;

4. Calls for a more adequate level of human and financial resources for corruption cases and better coordination between corruption investigators and prosecutors, in line with the EPPO’s recommendation, for the more effective investigation of corruption-related crimes.

5. Calls on the Commission to closely monitor and provide information about these developments, taking the necessary actions to safeguard the rule of law and judicial independence, especially with respect to cases of high-level corruption, and to protect the EU’s financial interests;

6. Recognises and supports the important role and engagement of citizens and non-governmental organisations (NGOs) in protecting and promoting democracy and the rule of law; calls for stakeholders to be involved in the law-making process, especially in connection with the use of fast-track procedures;

7. Pays tribute to Ján Kuciak six years after his assassination and to his essential work as an investigative journalist; calls on the Slovak authorities to ensure that justice is served;

8. Urges all political leaders to engage constructively and respectfully with citizens by upholding the principles of democratic debate and respecting public institutions, the rule of law and academic freedom; calls, therefore, on government officials to refrain from verbal attacks on individuals, journalists and civil society organisations; underscores the duty of public and government officials to serve all citizens, especially in a country with a history of hate crime and where a journalist has been murdered;

9. Condemns the inappropriate and disrespectful remarks made by the Prime Minister, including against a student who has been part of an initiative to foster an academic exchange on the state of the rule of law in Slovakia; calls on government officials to refrain from questioning the legitimacy of court decisions; is strongly concerned about plans announced to adopt legislation which would undermine the civic space, including by restricting the work of NGOs and stigmatising organisations which receive foreign funding;

10. Warns against any political interference in editorial independence and journalistic integrity; notes with concern the planned restructuring of Radio and Television of Slovakia, the country’s main public broadcaster; underscores the importance of maintaining free, independent media as a cornerstone of a democratic society;

11. Regrets the decision of the Prime Minister and several government officials to halt communication with key media outlets, recognising that this as a significant impediment to the public’s right to receive relevant government information; emphasises that such actions curtail media freedom and transparency and contribute to the spread of manipulative disinformation in the public space;

12. Calls on the Slovak Government to uphold the principle of sincere cooperation with the EU institutions;

13. Instructs its President to forward this resolution to the Council, the Commission, the European Union Agency for Fundamental Rights and the European Public Prosecutor’s Office.