The clash between Brussels and Bratislava has arrived. The European Commission has opened proceedings against Slovakia for the constitutional reform promoted by Robert Fico’s government in which national law is given priority over that of the Union. “This contravenes the principle of the primacy of Community law, which is a fundamental element of the EU legal order,” the EU Executive said in a statement released on Thursday.
On September 26, the Slovak parliament approved a constitutional amendment that prioritized Slovakia’s right to promote “national identity,” especially in matters related to family and gender. “The Slovak Republic retains sovereignty over all matters relating to national identity,” reads the approved amendment.
Since the pro-Russian populist Robert Fico became prime minister again two years ago, the clash between Brussels and Bratislava over crucial elements of the EU has loomed over these relations. In last year’s report on the rule of law in EU countries, for example, the Commission criticized the Slovak government for its lack of anti-corruption measures. Fico’s closeness to Russia also hovers constantly, although much more discreetly than the ostentation of Hungarian Prime Minister Viktor Orbán. There were also moments of tension due to his speech on public radio and television. However, now a case has been opened against him for an issue contrary to the principles of the Union.
The initiative represents a clear contrast with European treaties and the rulings of the Court of Justice of the European Union, which systematically establish the prevalence of community standards over national ones. For this reason, this Friday the Commission took the first step to open a dossier: sending a letter to the government of the country in question giving it a deadline of two months to rectify or respond justifying the situation. The next phase, if it is not resolved in the first phase, consists in sending a reasoned opinion which must also receive a response within two months. If after all this the situation is not corrected, the EU Executive may refer the case back to court.
This procedure is started on several occasions with all the states of the European Union. This can be done by failing to implement a directive, acting incorrectly or missing a deadline. What makes this issue special is that it clashes with the very foundation of the EU, the primacy of European law, a central element for the functioning of the single market or respect for the EU Charter of Fundamental Rights, including sexual freedom.
“Even when a Member State amends its Constitution, the exercise of national competences cannot circumvent the need to respect the fundamental principles of Union law. The Commission expressed its concerns to the Slovak authorities before the adoption of the amendments. However, these were adopted without taking the Commission’s concerns into account,” the Community Executive explained in its statement.
Until a few weeks ago, Fico, together with Orbán, led the front of the countries governed by pro-Russian populists in the EU. On this front, however, the Slovakian has always left Hungary the leading role. Budapest, in fact, is the country that has the most problems with the approval of sanctions against Russia for the invasion of Ukraine. That front has now been joined by the new Czech Prime Minister, Andrej Babis, who has also held that position in the past. Both Fico and Babis have had problems with Brussels in previous periods at the helm of government over issues arising directly from their Euroscepticism.
