Articles for category: Slowakei

Authoritarians Who Hate Judicial Accountability

In Slovakia, a unique situation is unfolding. The country is ruled by an authoritarian government that restricts fundamental rights of its citizens, puts independent institutions under political control, exploits fast-track legislative procedures, and threatens the judges of the constitutional court. Yet, this same government is in favour of more judicial autonomy, less accountability, and higher salaries for judges. The government thus seems to have hit upon a convenient strategy: granting judges greater benefits in exchange for their loyalty.

The NGO’s Guide to Authoritarianism

It appears that whenever expert civil society organizations release a legal analysis of draft laws that restrict fundamental rights and freedoms, authoritarian governments learn from their mistakes and avoid them in the next round. One could witness such a situation when the Foreign Agents Registration Bill was introduced in the Slovak parliament last spring, and the public watchdog and advocacy organization VIA IURIS tried to stand against this legislation. In one year, the Slovak parliament considered three versions of the Bill, with each version making it more challenging to fight in court.

Revenge in the Big Village

The EC’s 2024 Rule of Law report is yet another indicator of the deterioration of constitutional standards in Slovakia. Next to outlining selected key developments of Slovakia’s illiberalization in 2024, this post underscores how the small jurisdiction’s size in combination with its relatively isolated doctrinal legal academia could hamper the development of robust democratic constitutional discourse and thus legal academics’ contribution to democracy.

Fast-track Democratic Backsliding in Slovakia

Over the past ten months, the Fico IV government in Slovakia has intensified its assault on democratic principles, revealing deep vulnerabilities in our legal system. This article examines the government’s four key strategies to consolidate power and weaken civil society: undermining judicial independence, expediting the legislative process, attacking civil society organizations, and exerting political control over independent institutions, particularly the public broadcaster RTVS.

Hundred Days of Fico IV Administration

In Slovakia, we are witnessing something truly extraordinary. Within the first hundred days of the new administration, Slovakia has experienced a paradigmatic change in the penal codes, an attack on civil society organizations, an abolishment of the Special Prosecutor’s Office, a bill for a limitation of the whistleblower protection, and politicization of independent institutions. Accordingly, I argue that Slovakia faces a much faster democratic backsliding than what was happening in Hungary and Poland. Based on the pace of the initial steps, we can expect a radical shift in Slovakia’s democratic character and its position in international relations.

Heyday of Autocratic Legalism in Slovakia

Slovakia’s parliament approved an amendment to its criminal code and associated legislation that, if it comes into effect, will significantly reduce the prescription periods for various crimes including rape, the penalties for others, and abolish the Special Prosecutor’s Office. Despite a narrative claiming to commit to restorative justice by reducing lengths for prison sentences and implementing a more diverse set of conviction options, the legislative changes perpetuate violence through autocratic legalism on the vast majority of the Slovak population, and especially those vulnerable to abuses of power. This assault on the criminal legal system in Slovakia by the ruling illiberal coalition is expected to put the Constitutional Court under pressure.

The Dilemma of Technocracy

A few months before general elections that might result in Slovakia joining Hungary's and Poland's illiberal takeover in Central Europe, its technocratic government is in crisis. This post shows how the weaknesses of Slovakia’s constitutional design have fueled the present malaise, and details the lessons we should draw from it for ordering the relationship between the head of state, parliament and the executive in other parliamentary systems with a directly elected president.

Searching for a Government

On 21 January 2023, Slovak voters had the opportunity to use their constitutional right to vote in a referendum on a constitutional amendment on early elections. The referendum was, however, invalid, because a valid referendum in Slovakia requires a turnout of at least half of all eligible voters. The referendum took place less than six weeks after the no-confidence vote to the Slovak executive by the Slovak parliament. This development prompted steps towards amending the Constitution so that early elections become constitutionally permissible.

Attack or Reform – Mária Kolíková’s legacy

Judicial reforms are always a sensitive topic. Judicial independence is a fundamental principle of liberal democracy and the rule of law. It is often treated like a golden calf, and this worship falls into a ritual. Therefore any interference with the judiciary by the executive or legislative power always raises attention. However, what distinguishes reform from an attack? Part II of this article on the Slovak judicial reform compare latest interventions in the judiciary to other reforms in Visegrad countries.