Resolution on the rule of law, fundamental rights and misuse of EU funds in Slovakia: the need for an EU response

The European Parliament adopted by 347 votes to 165, with 25 abstentions, a resolution on the rule of law, fundamental rights and misuse of EU funds in Slovakia: the need for an EU response.

The text adopted in plenary was tabled by the EPP, S&D, Renew, Greens/EFA and The Left groups.

Rule of law

Parliament expressed deep concern over the deterioration of democracy, the rule of law and fundamental rights in Slovakia. It stressed that compliance with the rule of law and the Charter of Fundamental Rights constitutes an essential condition for access to EU funding. Parliament called on the Commission to assess whether there is a clear risk of a serious breach by Slovakia of the values enshrined in Article 2 TEU and to make full use of all available instruments, including preventive and cooperative mechanisms under the annual rule of law report, in order to ensure respect for EU values.

Furthermore, Parliament regretted the fact that Slovakia has adopted a series of amendments to its criminal law and criminal procedure law, including a reduction in penalties for corruption and financial crimes, a shortening of limitation periods, and the closure of specialised anticorruption entities, the National Crime Agency and the Special Prosecutor’s Office, which has resulted in delays in investigations transferred to other bodies and a significant drop in the number of corruption cases, and which undermines the prosecution of offences involving EU funds. It also expressed concern about constitutional amendments, in particular those restricting fundamental rights, the rule of law and the primacy of EU law. It noted with concern that civil society organisations have warned that these amendments may violate fundamental rights. Constitutional provisions must be formulated with sufficient precision to prevent arbitrary interpretation and must fully comply with obligations under EU law, including the Charter, as well as international human rights standards.

Misuse of funds

The Commission should also closely monitor the implementation of the repeal of the legislation abolishing the Whistleblower Protection Office in Slovakia, in order to ensure that this repeal fully restores the previous level of protection and aligns with EU law, and to assess the extent and effectiveness of the repeal before considering any further action. The Commission is urged to intensify targeted controls and on-the-spot checks in Slovakia, including through strengthened and systematic cooperation with OLAF and the EPPO, in order to compensate for the weakening of national enforcement capacities and ensure effective follow-up to ongoing investigations. Members stressed that such controls must be systematically applied across all relevant EU funding streams, including both multiannual financial framework and Recovery and Resilience Facility funds.

The resolution strongly condemned the closure of the Special Prosecutor’s Office in light of its evident impact on the investigation and prosecution of corruption, which cannot be compensated by the activities of the EPPO, especially in the light of reported ‘fragmenting’ of the fraudulent activity in such a way that the alleged value of a case remains below the threshold established for the involvement of the EPPO.

In addition, Parliament expressed concern about allegations of misuse and irregularities in the implementation of EU-funded rural development and tourism projects, including cases related to EU-funded guesthouse projects, involving the alleged misuse of agricultural and rural development funds for the construction or renovation of luxury private estates with limited or no clear EU added value.

Media freedom and minority rights

Members expressed deep concern about the deterioration of media freedom and pluralism, including political interference in public service media, pressure on journalists through a climate of hostility, smear campaigns and disinformation, the use of strategic lawsuits against public participation (SLAPPs), including by high-ranking political figures, and the risk of a concentration of media ownership in politically aligned hands, combined with dismissals of key cultural institution leaders, which risk creating a chilling effect on press freedom and public discourse.

The Slovak authorities are called on to fully implement the Commission’s recommendations regarding the media, in particular as regards the legal framework for public service media, in compliance with the European Media Freedom Act and ensuring editorial independence and the protection of journalists. They should also ensure the effective prevention and combating of violence against women and ensure the protection of the rights of LGBTIQ+ persons, Roma people’s rights and persons belonging to minorities.