EU pressure prompts Slovakia to revise controversial criminal code reform

4 months ago 13

Following consultations with the European Commission, Robert Fico’s government decided to revise a controversial reform of the penal code, addressing EU concerns that Slovakia’s newly reduced penalties and statutes of limitation, may inadequately protect the EU’s financial interests.

The decision comes a week after Slovakia’s Constitutional Court ruled that most of the criticised reforms to the country’s criminal code were constitutional and could be implemented, but could potentially jeopardise Slovakia’s access to EU funds.

Recognising this problem, the Slovak government on Wednesday 10 July, approved a draft amendment that takes into account objections from the both the Commission and the Slovak Constitutional Court.

“We have proposed these changes after consultation with the European Commission in order to eliminate in advance any possibility of attacking the Slovak Republic both from our opposition and from other parties,” Justice Minister Boris Susko (Smer-SD/NI) said after the cabinet meeting.

The proposed changes focus on provisions protecting the EU’s financial interests, with the government planning to slightly increase penalties for the misuse of EU funds. In addition, the statute of limitations for offences involving damage to the Union’s financial interests will be further extended.

Fico’s cabinet is proposing that the Slovak parliament discuss the amendment under a fast-track legislative procedure and that it comes into force immediately after being announced.

The Slovak opposition criticised the amendment, calling it a “stich-up” by the government. It also noted that this was the fourth amendment to the reform.

“Not only have they granted themselves amnesty and helped criminals, thieves and people associated with them. They made the whole thing so sloppy that parts of the reform have been stopped by the Constitutional Court, and parts of it clash with our commitments to the EU,” said opposition leader Michal Šimečka (PS/Renew).

“As a result, they now have to hastily fix it several times during the summer,” Šimečka added.

EC repeated objections

Last week, Slovakia’s Constitutional Court ruled that parts of the Criminal Code reform package, which includes a reduction in sentences for serious crimes, including corruption, a reduction in statutes of limitations and the abolition of the Special Prosecutor’s Office, are not unconstitutional.

Only those parts of the reform that interfere retroactively with criminal proceedings were found to be unconstitutional.

“The Commission had made its concerns about the amendments very clear during the past months to the Slovak authorities,” EU Commission spokesperson told Euractiv Slovakia following the Court’s decision.

“We are now analysing the decision and its possible impact in relation to concerns previously identified, in particular as regards compliance with the Directive on the Protection of the Financial Interest of the EU (the PIF Directive) and Article 325 of the Treaty on the Functioning of the EU (TFEU),” the spokesperson added.

Article 325 TFEU deals with the prevention and combating of fraud by member states. It stresses that countries must prevent illegal activities through dissuasive measures.

[Edited by Rajnish Singh]