The European Commission has initiated an infringement procedure against Slovakia following constitutional reforms that emphasize national sovereignty in areas like gender and family law. The Commission argues that these amendments conflict with fundamental principles of European Union (EU) law, particularly the primacy of EU law, which dictates that EU law supersedes national laws when discrepancies arise. This principle, though not specifically outlined in EU treaties, has been reinforced through landmark cases such as Van Gend en Loos (C-26/62) and Costa v ENEL (C-6/64).
Slovakia’s recent constitutional changes grant its domestic laws precedence over EU laws concerning national sovereignty matters. Article 7 of the amended Constitution empowers Slovak authorities to evaluate the applicability of EU law, including EU Court rulings, within the nation. Other adjustments include restrictions on sexual education for minors without parental consent and provisions that only recognize biological sex, while limiting adoption to married heterosexual couples. Furthermore, these reforms guarantee equal remuneration for men and women in the workplace.
Prime Minister Robert Fico has defended these changes, asserting that international entities should not dictate national policies on issues like gender recognition and marriage definitions. The European Commission has articulated its concerns via a formal notice to Slovakia, giving the country two months to address the issues. Failure to provide a satisfactory response could result in the Commission escalating the matter to the EU Court.
This legal action follows earlier criticisms from international organizations. Amnesty International had previously called for the rejection of these amendments due to potential harm to the LGBTQ+ community. UN Special Rapporteurs also raised alarms regarding potential violations of Slovakia’s international human rights commitments, including rights to non-discrimination and sexuality education.
These developments highlight ongoing tensions between national sovereignty and EU legal frameworks, as evidenced in recent reports. Slovakia currently ranks 36th in the Rule of Law Index by the World Justice Project, reflecting its position in the global justice landscape.