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MOTION FOR A RESOLUTION (2023/3021(RSP))

On the planned dissolution of key anti-corruption structures in Slovakia and its implications for the rule of law

B-9-2024-0062

on behalf of the PPE Group · Rapporteur: Vladimír Bilčík, Jeroen Lenaers, Tomas Tobé, Tomáš Zdechovský, Juan Ignacio Zoido Álvarez, Paulo Rangel, Javier Zarzalejos, Antonio LópezIstúriz White, Pilar del Castillo Vera, Isabel Benjumea Benjumea, Dolors Montserrat, Rosa Estaràs Ferragut, Gabriel Mato, Isabel WiselerLima, Frances Fitzgerald, Andrzej Halicki, Michaela Šojdrová, José Manuel Fernandes, Sandra Kalniete, Carlos Coelho, David Casa, Franc Bogovič, Karolin BraunsbergerReinhold, Radan Kanev, Rasa Juknevičienė, Pablo Arias Echeverría, Ana Collado Jiménez, Peter Pollák, Monika Hohlmeier, Siegfried Mureşan, Leopoldo López Gil

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's resolution expresses deep concern over the Slovak Government's accelerated changes to the criminal code and the planned dissolution of the Special Prosecutor's Office, which it says threaten judicial integrity, EU anti-corruption efforts and the EU's financial interests. It calls on the Slovak Government to reconsider the amendments, respect the EU Whistleblower Directive and uphold sincere cooperation with EU institutions. It asks the Commission to monitor developments and safeguard the rule of law, and calls for more resources and better coordination for corruption cases. It supports citizens and NGOs, urges respectful political debate, warns against interference in media independence and pays tribute to murdered journalist Ján Kuciak.

Key points

  1. Expresses deep concern that the accelerated amendments to the criminal code and the dissolution of the Special Prosecutor's Office threaten judicial integrity, the EU fight against fraud and the protection of the EU's financial interests and environment.
  2. Calls on the Slovak Government to reconsider the amendments and to respect the binding principles of the EU Whistleblower Directive, noting concern about whistleblowers being retroactively stripped of protection.
  3. Recalls that criminal reform must safeguard ongoing and new cases, especially high-level corruption, and guarantee judicial independence and prosecutorial autonomy; urges reform of paragraph 363 of the Slovak Criminal Procedural Law.
  4. Emphasises the need for a thorough public process with expert and stakeholder consultation, including the Venice Commission, on changes to the criminal code and anti-corruption structures.
  5. Calls for more human and financial resources for corruption cases and better coordination between investigators and prosecutors, in line with the EPPO's recommendation.
  6. Calls on the Commission to closely monitor developments and take necessary actions to safeguard the rule of law, judicial independence and the EU's financial interests.
  7. Recognises and supports the role of citizens and NGOs in protecting democracy and the rule of law, and calls for stakeholder involvement in law-making, especially fast-track procedures.
  8. Pays tribute to Ján Kuciak six years after his assassination and calls on the Slovak authorities to ensure justice is served.
  9. Urges political leaders to engage constructively and respectfully with citizens, refrain from verbal attacks on individuals, journalists and civil society, and uphold democratic debate and academic freedom.
  10. Condemns the Prime Minister's inappropriate remarks, including against a student, calls on officials to stop questioning court decisions, and is concerned about plans to restrict NGOs and stigmatise foreign-funded organisations.
  11. Warns against political interference in editorial independence and journalistic integrity, and notes with concern the planned restructuring of Radio and Television of Slovakia.
  12. Regrets the halting of communication with key media outlets, saying it impedes the public's right to government information and contributes to disinformation; calls on the Slovak Government to uphold sincere cooperation with EU institutions.

Who is affected

  • Slovak Government: called on to reconsider amendments, respect the Whistleblower Directive and uphold sincere cooperation with EU institutions.
  • Slovak prosecutors and investigators: warned that re-assignment of Special Prosecutor's cases may cause delays or collapse due to statute of limitations.
  • Whistleblowers in Slovakia: concern that they would be retroactively stripped of protection, creating legal uncertainty.
  • Citizens and NGOs: supported in protecting democracy and the rule of law; concerned about plans to restrict NGOs and stigmatise foreign-funded organisations.
  • Media and journalists: warned against political interference; regrets halted communication with key outlets and planned restructuring of public broadcaster.

Figures and deadlines

  • 1 September 2004: date the Slovak Special Prosecutor's Office started its activity.
  • more than 20 000 citizens: repeatedly protested against the proposal.
  • more than 100 000 citizens: co-signed two petitions against the government proposals and fast-track process.
  • 18 December 2023: date the EPPO stated that some proposed amendments could pose risks to the EU's financial interests.
  • six years after his assassination: tribute paid to Ján Kuciak.

Legal basis: Articles 2, 4, 6, 7 and 10 of the Treaty on European Union; Article 325 of the Treaty on the Functioning of the European Union; Articles 11, 12, 41 and 47 of the Charter of Fundamental Rights of the European Union.