Debate: Attempts to dismantle Rule of Law and media freedom in Slovakia
Date: THURSDAY, 11 APRIL 2024
Speaker: Didier Reynders
Language: FR

La Commission a intensifié ses efforts et, vous le savez, le rapport annuel sur l’état de droit joue un rôle central à cet égard. En décembre de l’année dernière, j’ai eu l’opportunité de vous présenter les conclusions et les recommandations concernant la Slovaquie dans le rapport de 2023. À l’heure actuelle, la Commission est en train de préparer la cinquième édition du rapport, qui sera publiée en juillet. Aujourd’hui, je souhaiterais aborder quelques développements récents en Slovaquie en ce qui concerne l’état de droit et la liberté des médias. Since October, there have been several developments in Slovakia which raise serious concerns and on which we have been in close contact with the Slovak authorities. We have noted the amendments to the criminal code and other related acts. During our last plenary debate, I already expressed the Commission’s views on these amendments, notably from the perspective of EU law requirements related to the protection of the financial interests of the Union by means of criminal law.  As you are aware, these legislative changes were adopted under a fast-track procedure at the beginning of February, despite the Commission’s request to give more time for proper consultations both at national and at European level. The amendments risk undermining the fight against corruption and the protection of the European Union’s financial interests, in particular as regards the lowering of penalties amongst others.  The Commission notes that the reform, as adopted, did address some of the issues that the Commission had identified regarding an earlier draft as being not in compliance with EU law. The Commission also notes that the government decided on the 21 February to withdraw from the fast-track procedure its plan to amend the whistleblower protection law in a way that raises serious concerns as to its compliance with the EU directive, and intends to present a revised version under the standard legislative procedure.  On the other hand, the Commission had to take note that Slovakia decided to dissolute the special prosecutor’s office, despite the Commission’s request not to use again the fast-track procedure for that dissolution and to have sufficient guarantees to safeguard a proper handover before the dissolution.  The Commission remains in contact with the Slovak authorities to further discuss the actual impact of this change. What arrangements have been made for the handling of cases, and whether the new setup ensures an effective continuation of the ongoing investigations and cases, notably concerning those cases which affect the financial interests of the Union.  The Commission is assessing these changes also from the perspective of the requirements of the Recovery and Residence Facility and, notably, the continued effectiveness of Slovakia’s control and audit system.  We equally take note of the decision of the Slovak Constitutional Court of 28 February to temporarily suspend several provisions of the new criminal law, but not the dissolution of the special prosecutor’s office. We will keep monitoring the developments in that case.  We hope to be able to find solutions that will ensure compliance with EU law and the commitments taken by Slovakia under the Recovery and Resilience Plan. However, we will not hesitate to take action to ensure respect of EU law and the protection of the EU’s financial interests as necessary, and if all the conditions of the relevant instruments are fulfilled.  The 2024 report will follow up on the findings of last year’s report, also in relation to media freedom and pluralism. As regards the autonomy of public service media, the 2023 report concluded that in the previous reporting period some progress was made on strengthening the independence of public service media. However, already then, the Commission noted stakeholders’ concerns over the financial situation of the public service broadcasters as well as the abolition of the household licence fee. Since then, the Commission has taken note of the plans of the new government to introduce legislative changes regarding the public service broadcaster. The Commission understands that consultations are ongoing at national level on these plans. The Commission will monitor closely the developments to ensure that proposed changes are in compliance with EU law. The Commission recalls that the Media Freedom Act, as recently been adopted by the European Parliament and the Council, and it is important that any changes to national legislations are in line with that act. As regards the safety of journalists, the 2023 report considered that some progress was made during the previous reporting period. However, the Commission notes that since then there has been no further legislative progress on the bill aimed to improve the physical safety and working environment of journalists. A 2023 survey conducted by the Investigative Center of Jan Kuciak found that two thirds of Slovak journalists experienced threats or intimidation in the preceding 12 months, while four persons experienced a physical attack. The Commission takes note of concerns voiced by stakeholders that disparagement of journalists and media outlets by government exponents have been on the rise. The Commission calls on all Member States, including Slovakia, to implement the Commission recommendation on the safety of journalists. To address the phenomenon of SLAPPs, the Commission presented in 2022 an ambitious package. The Commission will monitor the implementation of the Anti-SLAPP Directive, recently adopted by the co-legislators, as well as of the Commission’s recommendation of 2022.  I am now turning to the institutional checks and balances and the civil society framework. As I mentioned before, the recent developments raise particular concerns over the lack of proper consultations of the public and of relevant stakeholders, as well as the use of fast-tracked legislative procedures on complex proposals. Moreover, the Commission has taken note of the recent new draft reform tabled by four MEPs before the Slovak Parliament at the end of March, introducing obligatory labelling of certain so-called organisations with foreign support. The Commission will follow the ongoing national discussions on this new reform very closely.  In this context, let me add that the Commission is also concerned about recent amendments with regard to the Slovak Statistical Office, which contain revised grounds for the appointment and dismissal of the head of office. The Commission is currently assessing whether these legislative amendments comply with the professional independence requirements of EU law on European statistics.  You know that there were also some remarks from the Chief Prosecutor of the European Public Prosecutor’s Office about the current situation in Slovakia and, of course, we will continue to analyse together the situation. And I am very pleased now to listen to your remarks and observations before concluding this debate today, but not concluding the assessment of the Commission about the situation in Slovakia.