Debate: Planned dissolution of key anti-corruption structures in Slovakia and its implications on the Rule of Law
Date: WEDNESDAY, 13 DECEMBER 2023
Speaker: Didier Reynders
Language: FR

En juillet, la Commission a publié la quatrième édition du rapport, qui comprend notamment une évaluation des recommandations spécifiques adressées à tous les États membres dans le rapport de 2022. Je souhaiterais vous présenter les recommandations de la Commission relatives à l’état de droit en Slovaquie et aborder aussi quelques développements récents. Certains de ces développements sont sources de préoccupations. C’est pourquoi la Commission a envoyé une lettre le 5 décembre dernier aux autorités slovaques, leur demandant de ne pas avancer avec les réformes envisagées. J’y reviendrai dans un instant.  In relation to the Slovak justice system, the 2023 rule of law report notes that the new separate system of administrative courts is functioning well. However, the report also highlights that the lack of safeguards for dismissal of the members of the judicial council continues to raise issues, as it may affect their independence. The report also notes the lack of safeguards for the crime of abuse of law, which allows prosecutions of judges for an arbitrary decision which harms or benefits another person.  We continue to call on Slovakia to take the actions necessary for the implementation of the recommendations made in the rule of law report. As regards the anti-corruption framework, the rule of law report notes that serious concerns remain on the discretionary power of the Prosecutor General to annul decisions of lower ranking prosecutors or of police investigators to prosecute high-level corruption cases. In this regard, the Commission has recommended to Slovakia to take measures to ensure a robust track record of high-level corruption cases. We also recommended to introduce proposals to regulate lobbying and to strengthen the legislation on conflicts of interest and asset declarations. With regard to media freedom and pluralism, the report acknowledges progress in enhancing the independent governance as well as editorial independence of public service media. On the other hand, it refers to concerns in relation to the fragile situation related to the funding of Radio and Television of Slovakia.  The report also notes some progress in relation to the safety of journalists, with bills tabled before parliament. However, the Commission knows that following the adoption of the 2023 report, there has been no legislative progress thereon. The Commission on encourages the Slovak authorities to advance on addressing these issues in line with the recommendations, which would lead to important improvement in this crucial area.  When it comes to checks and balances, the report reiterates the Commission's concerns about the extensive use of fast-track legislative procedures. In the same vein, the report notes the unsystematic involvement of stakeholders in the law-making process and contents of recommendations to Slovakia in that regard.  The recent developments in Slovakia, which have triggered today’s debate can only reinforce the importance of implementing the recommendations of the rule of law report. These developments are a source of concern. The Commission has noted with particular concern that despite all recommendations as regards the need for safeguards relating to the dismissal of the judicial council members, three members of this council have been dismissed by the new government ahead of the termination of their mandate. Moreover, last week, the Slovak Government approved a proposal for amendments to the criminal code, which, among others, would dissolve the special prosecutor’s office, a specialised body to investigate and prosecute corruption. This would also lower sanctions for criminal offences related to corruption, raising further concerns. This reform will be dealt with by the national legislature in a fast-track procedure, and is planned to come into effect already on 15 January 2024.  The Commission is in contact with the Slovak authorities on the draft laws, both on a technical and political level. On 27 November. I met with Prime Minister Fico, Deputy Prime Minister Kaliňák and Minister of Justice Susko. The Slovak Government informed the Commission about the intended reforms and send us draft texts. The final assessment of the commission will only come at the end of the legislative process.  On a preliminary note, I need to underline that the intended amendments are wide ranging and concern numerous areas of EU law, which will require further in-depth analysis. Our analysis concerns how the laws, once adopted, may affect the EPPO Regulation, the PIF Directive, relating to the protection of the Union’s financial interests, as well as the EU anti-corruption framework – all areas related to the EU acquis on procedural rights for suspects and accused persons and on victims’ rights. It is important that any criminal reform contains 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 prosecution.  Finally, we are concerned that despite the wide-ranging nature of the reforms, the draft seems to have been prepared without a thorough consultation of stakeholders and submitted to the parliament in an accelerated legislative procedure. This is difficult to reconcile with all rule of law recommendations.  Together with Commissioner Johansson, I sent a letter to our Slovak counterparts on 5 December, flagging these areas of concern and asking the Slovak authorities not to advance on the intended amendments as yet, and especially not to advance with the fast-track legislative procedure, without proper and thorough consultation with stakeholders, at national and European level, including the Venice Commission.  It appears, however, that the Slovak authorities have decided to move ahead and seek a fast-track adoption, aiming to have the new law in force already, I said, on 15 January. Moreover, also last week, the government approved a proposal to amend the act on the protection of whistleblowers, which has been tabled before the parliament. Equally, in a fast-track legislative procedure, the amendment aims to change the regime of protection of police officers by limiting their protection under this act, with retroactive effect.  On 8 December, we received a reply to our letter and we know the explanations given by the Slovak authorities, which in their view justified the use of the fast-track legislative procedures. The Commission will take these explanations into account in its assessment. We will analyse the final text and assess their compatibility with the relevant EU law. I would like to assure you that the Commission will not hesitate to take any action that might be necessary to ensure respect for EU law, including the sound financial management of the EU budget and the protection of the financial interests of the Union. At the same time, the Commission stands ready to support the Slovak authorities through further technical and political discussions to accompany the ongoing legislative process. You have seen that there were already other reactions – I’m thinking about reactions coming from the European Public Prosecutor’s Office and from the President of Slovakia – but, of course, I am very pleased to listen now to your remarks and comments during your interventions, because, again, we want to be sure that it’s possible to protect the independence of the judiciary, the rule of law in general, and certainly the financial interests of the European Union.