Brussels – On Friday, the European Commission (EC) initiated infringement proceedings against Slovakia following the recent passage of a law that alters the Office for the Protection of Whistleblowers (ÚOO) into a different entity. The EC contends that this action violates the Whistleblower Protection Directive and the Charter of Fundamental Rights of the European Union. However, the law has yet to take effect, as it was suspended by the Constitutional Court of Slovakia prior to its implementation, according to TASR.
Initially, the ÚOO was set to be dissolved on January 1, 2026, but due to the Constitutional Court’s intervention in December, it will continue to operate unchanged for now.
The proposed legislation aimed to reconstitute the ÚOO into a new Office for the Protection of Victims of Criminal Offences and Whistleblowers of Anti-social Activities. This new office was intended to handle both whistleblower issues related to criminal activities and compensation for victims of crimes, a responsibility it would inherit from the Ministry of Justice. Additionally, the law sought to revise protections available during criminal and administrative proceedings.
The opposition is contesting in court the potential conflict between the law amending the Office for the Protection of Whistleblowers and both the Constitution of the Slovak Republic and EU law.
The National Council of the Slovak Republic passed the legislation in December. President Peter Pellegrini vetoed it, sending it back to parliament for reconsideration, but lawmakers subsequently reapproved it. As a result, the opposition appealed to the Constitutional Court, which accepted the appeal in full. The opposition raised concerns regarding the law’s compatibility with the Slovak Constitution and EU law, as well as the expedited legislative process it underwent. Specific criticisms included the shortening of the term for the duly elected chairwoman of the ÚOO and modifications related to whistleblower protection.
The EC has sent Slovakia a formal notice regarding a potential violation of obligations related to the ÚOO and has requested further information and clarifications. Slovakia is required to respond within a designated timeframe, typically two months. If the EC receives an unsatisfactory reply or if no corrective actions are taken, it may escalate the matter by issuing a reasoned opinion. Should the issue remain unresolved, the Commission may bring the case before the Court of Justice of the EU, and subsequent non-compliance with the court’s ruling could result in penalties.
The European Commission previously expressed concerns in December about various provisions in the law restructuring the ÚOO. It also lamented that the National Council of Slovakia failed to engage in comprehensive consultations regarding the legislation. (30 January)
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