Articles for tag: Autoritärer Populismus, Fico, Slovak Constitutional Court, Slowakei

Haunted by Text

Slovak PM Fico renewed his attempts to amend Slovakia’s Constitution. The most controversial provisions are a “national identity safeguard” limiting the effect of international and supranational law, and a definition of sex as strictly binary. After securing backing from some opposition members, his cabinet has submitted the amendment to parliament for debate and a vote. While public mobilisation against the proposed amendment proposal is important, legal scholars and NGOs should avoid using language that might reinforce the perception that the formally powerful Constitutional Court lacks the authority to strike down or reinterpret such changes in line with constitutional values.

23. Juni 2025

, , ,

Slovakia’s Electoral Reform at a Crossroads

On May 21st and 22nd 2025, Prime Minister Robert Fico and Interior Minister Matúš Šutaj Eštok presented a series of proposals for substantial changes to Slovakia’s electoral system. The opposition swiftly criticized the plans as a threat to democratic governance. While the proposals differ in the severity of their constitutional and political implications, the most troubling is the significant increase in electoral deposits, which risks entrenching structural barriers to participation. In the context of Fico’s recent public rejection of liberal democracy and praise for one-party regimes, these reforms warrant close scrutiny – if not alarm.

3. Juni 2025

, , ,

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.

29. September 2022

, , ,

The People v Their Representatives

On July 7, 2021, the Slovak Constitutional Court found a referendum initiative on a snap election unconstitutional. The case presented the Court with an unresolved question, whether the people can remove their elected representatives from office ahead of time. The Court’s answer was a qualified no. When people resort to direct democracy tools, the Court found, they are not only bound by explicit subject-matter restrictions on the use of referenda but also implicit norms under the doctrine of the material core. The people have a great power to make or unmake constitutional law but cannot breach it in an irregular use of a referendum.

14. September 2021

, ,

On Collision Course with the Material Core of the Slovak Constitution

Last week on Tuesday, the Constitutional Committee of the Slovak Parliament discussed the most extraordinary subject in a meeting attended by a most extraordinary guest. The Committee was reviewing a draft constitutional amendment on judicial reform that would, among other things, take away the power of the Constitutional Court to review constitutional amendments. At the meeting, the Minister of Justice and MPs discussed potential benefits and drawbacks of stripping the Court of the jurisdiction to review constitutional amendments, with the President of the Court seated next to them. The proposal represents the last escalation in the conflict about who has the final word on the contents of the Constitution.

3. Dezember 2020

,

A Part of the Constitution Is Unconstitutional, the Slovak Constitutional Court has Ruled

The 30th of January 2019 will undoubtedly be remembered as a milestone day in the development of Slovak constitutional law, signaling the start of a new, second, stage of development. The first stage started on 1 September 1992 (the day of adoption of the Constitution of the Slovak Republic) and lasted until 30 January 2019. The second stage started with the Slovak Constitutional Court decision, of 30 January 2019, that an amendment to the Constitution is invalid for violating the material core of the Constitution.

8. Februar 2019

, ,

Drama or Serenity? Upcoming Judicial Appointments at the Slovak Constitutional Court

2018 is shaping up to be one of the most important years in the history of the Slovak Constitutional Court (SCC). Nine of the currently sitting 13 judges will see their non-renewable terms expire in February 2019. The new appointments have the potential to be shrouded in drama, as they will take place against the background of a constitutional and political power struggle over SCC appointments between the President and the government, as well as broader judicial malaise in the country.

29. Januar 2018

,