Sittings · Document
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
Resolution tabled pursuant to Rule 123(2) of the European Parliament's Rules of procedure
Reference numbers: 2023/3021 (RSP) / B9-0062/2024 / P9_TA(2024)0021
Date of adoption of the resolution: 17 January 2024
Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)
Brief analysis/ assessment of the resolution and requests made in it:
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.
Response to the requests in the resolution and overview of the action taken, or intended to be taken, by the Commission:
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.
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.
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.
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.
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.