COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Slovakia Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 525 final
COMMISSION STAFF WORKING DOCUMENT
2022 Rule of Law Report
Country Chapter on the rule of law situation in Slovakia
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
2022 Rule of Law Report
The rule of law situation in the European Union
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1
ABSTRACT
Slovakia has continued efforts to reform its justice system, building on the constitutional
reform noted in the 2021 Rule of Law Report. The Parliament approved the reform of the
judicial map. The Supreme Administrative Court has become operational and a draft act on
the establishment of lower administrative courts was adopted. These reforms were covered in
the RRP. The Ministry of Justice is preparing an amendment to restrict the power of the
Prosecutor General to annul prosecutorial decisions in individual cases. Concerns remain as
regards the regime of dismissal of members of the Judicial Council and the regime of
criminal liability of judges for ‘abuse of law’, although the latter contains some safeguards.
The Bar Association reported that lawyers encounter threats and harassment in the course of
their practice. Public perception of judicial independence remains very low. Efficiency of
proceedings continued to deteriorate, notably in administrative cases.
Progress in key areas for preventing corruption continues to be slow, although a number of
topics are covered in the RRP. While work on a new anti-corruption strategy post-2023 has
been launched, an update of the 2019 National Anti-Corruption Programme remains pending.
Lobbying remains unregulated but the government plans to present a new bill on lobbying by
the end of 2022 and to establish an Office for the Protection of the Public Interest in charge of
lobbying, conflicts of interest and asset declarations. Slovakia’s dedicated Whistleblower
Protection Office has taken up its functions and has already protected whistleblowers against
dismissals from work. Efforts to fight high-level corruption continued, with several former
high-ranking officials charged with bribery offences. However, the use of the Prosecutor
General’s discretion to close cases has raised concerns particularly with a view to several
high-level corruption cases where the legality of the criminal charges in some instances had
also been upheld by higher level courts. Allegations of politically motivated decisions to open
corruption investigations risk eroding law enforcement cooperation, the effectiveness of the
fight against corruption as well as the public’s trust in the integrity of the institutions.
The Media Services Act and the Publications Act both adopted in June, 2022 respectively
promote media pluralism and enhance transparency of media ownership. The Act on
Slovakian Radio and Television provides a solid legal framework for the establishment,
governance and operation of public service media but politicisation of appointments and
dismissals of managers and board members thereof is an issue of concern. Legislation geared
at securing media ownership transparency is pending. The retrial of the alleged masterminds
of the assassination of journalist Ján Kuciak and his fiancée Martina Kušnírová is ongoing
following the annulment of their previous acquittals by the first instance court. Proposed
legislation aimed at strengthening the protection of journalists and amendments to the
criminal code to reduce the punishment contemplated for defamation, one of the strictest in
the European Union, have once more been postponed.
The inclusiveness of civil society in the law-making process remains limited and proper
consultation for major legislative changes appears to be lacking. Plans announced in 2020 for
improving the law-making process and strengthening public administration have seen limited
progress. The Constitutional Court confirmed that it does not have a general competence to
review constitutional laws, but noted that it has competence to do so when necessary to
protect the material core of the constitution. Constitutional review of COVID-19 measures
continued. Concerns continue over financing of certain civil society organisations, in
particular those working on issues related to gender equality and LGBTIQ rights.
2
RECOMMENDATIONS
In addition to recalling the commitments made under the National Recovery and Resilience
Plan, relating to certain aspects of the justice system, it is recommended to Slovakia to:
 Ensure that the members of the Judicial Council are subject to sufficient guarantees of
independence as regards their dismissal, taking into account European standards on
independence of Judicial Councils.
 Ensure that sufficient safeguards are in place and duly observed when subjecting judges
to criminal liability for the crime of “abuse of law” as regards their judicial decisions.
 Introduce proposals to regulate lobbying and to strengthen the legislation on conflicts of
interest and asset declarations.
 Improve the coordination among the different law enforcement entities and ensure the
objectivity of prosecutorial decisions, including by continuing to advance the legislative
amendments to restrict the power of the Prosecutor-General to annul prosecutorial
decisions with a view to promoting a robust track record of high -level corruption cases.
 Advance with the process to establish legislative and other safeguards to improve the
physical safety and working environment of journalists, including the reform of
defamation law, taking into account European standards on the protection of journalists.
 Strengthen the rules and mechanisms to enhance the independent governance and
editorial independence of public service media taking into account the European
standards on public service media.
3
I. JUSTICE SYSTEM
The court system of the Slovak Republic consists of 54 District Courts, 8 Regional Courts,
the Specialised Criminal Court, the Supreme Court, the Supreme Administrative Court and
the Slovak Constitutional Court1
. The Regional Courts function as the courts of appeal in
civil, commercial and criminal cases and at the same time function as the courts of first
instance in administrative matters. The Specialised Criminal Court is competent to judge
serious criminal matters as enumerated in the relevant provision of the Code of Criminal
Procedure2
. The Judicial Council plays a central role in the administration of the judiciary
and in the appointment of judges, as well as in maintaining judicial ethics. Half of its
members (9 out of 18) are judges elected by their peers. Other members of the Judicial
Council are appointed by the Slovak President, the Parliament and the Government3
. The
public prosecution service of Slovakia is an independent state authority headed by the
Prosecutor General4
. Slovakia participates in the European Public Prosecutor’s Office
(EPPO). The Slovak Bar Association is an independent self-administrative professional
organisation5
.
Independence
The level of perceived judicial independence in Slovakia continues to be very low among
the general public and low among companies. Overall, 25% of the general population and
30% of companies perceive the level of independence of courts and judges to be ‘fairly or
very good’ in 20226
. According to data in the 2022 EU Justice Scoreboard, no clear trend can
be identified in the evolution of the perceived level of independence since 2016. The
perceived judicial independence among the general public has decreased in comparison with
2021 (28%), but it is higher than in 2016 (21%). The perceived judicial independence among
companies remains at the same level as in 2021. The main reason cited by the general public
for the perceived lack of independence of courts and judges is the perception of interference
or pressure from the Government and politicians, followed closely by perception of
interference or pressure from economic or other special interests7
.
The Judicial Council has taken up its new tasks following the Constitutional reform,
while concerns remain over the regime for dismissal of its members. The 2020
Constitutional amendment extended the powers of the Judicial Council8
, notably by vesting it
with the competence to review asset declarations of judges, and tasked it with the selection of
members of the newly established Supreme Administrative Court. Resources for the Council
1
For a description of the judicial structure, see e.g. the Annual study for the European Commission carried
out by the Council of Europe Commission for the Efficiency of Justice (CEPEJ).
2
Slovak Code of Criminal Procedure, para. 14 (e.g. premeditated murder, corruption, terrorism, organised
crime, severe economic crimes, damaging the financial interests of the EU etc.).
3
Art. 141a of the Slovak Constitution.
4
Arts. 149-151 of the Slovak Constitution; Act No. 153/2001 Coll. on Public Prosecution Service.
5
Parliamentary Act No. 586/2003 Coll. on the Legal Profession and on Amending Act No. 455/1991 Coll. on
the Business and Self-employment Services (Business Licensing Act) of 4 December 2003.
6
Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%).
7
Figure 51, 2022 EU Justice Scoreboard. Among companies, the main cited reasons were in almost equal
terms perception of interference or pressure from economic or other special interests and perception of
interference or pressure from the Government and politicians. Figure 53, 2022 EU Justice Scoreboard.
8
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 3.
4
were increased to enable it to perform these tasks9
. Stakeholders acknowledged the efforts of
the Judicial Council to make its decision-making more transparent10
. Concerns however
remain over the dismissal regime of members of the Judicial Council, under which members
may be dismissed at any point by the authority which appointed them11
. There are no legally
prescribed conditions for such a dismissal12
. While no member has been dismissed under this
procedure so far13
, stakeholders reiterated concerns that this system threatens the
independence of the Council14
. According to European standards, Judicial Councils need to
be subject to sufficient guarantees of independence in relation to the legislature and the
executive including as regards the way their members can be dismissed15
.
Criminal liability of judges for ‘abuse of law’, although accompanied by some
safeguards against abuse, remains controversial. As a part of the 2020 Constitutional
amendment16
, the Parliament amended the Constitutional provision on immunity of judges17
and also introduced a new criminal offence of ‘abuse of law’, under which judges may be
prosecuted for any arbitrary decision causing damage to or bestowing a favour on another
person18
. The amendment was introduced in the context of an overall effort to enhance the
integrity regime for judges, but some stakeholders continue to have concerns that the
provision could be misused19
. Others considered that there are sufficient safeguards against
abuse20
, notably due to the possibility of the Judicial Council to intervene21
. Whereas
9
Information received in the context of the country visit to Slovakia from the Judicial Council.
10
Contribution from Via Iuris for the 2022 Rule of Law Report, p. 3; Information received in the context of the
country visit to Slovakia from Judges for Open Judiciary.
11
The Council is composed of 18 Members, half of which are judges elected by their peers. The Government,
the Parliament and the President of the Republic each choose three members as well. For further information
see 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 3–4. The
provision has been challenged before the Constitutional Court, where it remains pending, file No. 414/2021.
12
However, in accordance with established case law of the Constitutional Court, the dismissal must not be
discriminatory or arbitrary. 2021 Rule of Law Report, Country Chapter on the rule of law situation in
Slovakia, pp. 3–4.
13
Information received in the context of the country visit to Slovakia from the Judicial Council.
14
Contribution from the European Association of Judges for the 2022 Rule of Law Report, pp. 2, 11;
Contribution from the European Network of National Human Rights Institutions (Slovak National Centre for
Human Rights) for the 2022 Rule of Law Report, pp. 465-466; Contribution from the Association of Judges
for the 2022 Rule of Law Report, p. 2. During the country visit, the representative of the Judicial Council
expressed reservations to this amendment, while indicating that the Council does not feel under pressure.
15
The Court of Justice has recalled, as regards the process for appointing members of the judiciary, for a
Council of the Judiciary to contribute to rendering that process more objective, it is necessary that such a
body should itself be sufficiently independent of the legislature, the executive and the authority to which it is
required to submit an opinion on the assessment of candidates for a judicial post. See judgment of the CJEU
of 20 April 2021, Repubblika, Case C-896/19, ECLI:EU:C:2021:311, para. 66.
16
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 4-5.
17
According to the reform, judges may not be held accountable for an opinion expressed during their decision-
making, unless the decision-making of a judge can be qualified as a crime. The CCJE Bureau in its Opinion
of 9 December 2020, in relation to the Constitution (CCJE-BU(2020)3, p. 5) stated that the new wording of
the Constitution is vague and entails a potential risk of abuse. 2021 Rule of Law Report, Country Chapter on
the rule of law situation in Slovakia, p. 5.
18
For further information see 2021 Rule of Law Report, Country Chapter on the rule of law situation in
Slovakia, pp. 4-5.
19
Contribution from the European Association of Judges for the 2022 Rule of Law Report, pp. 13;
Contribution from the Slovak Association of Judges for the 2022 Rule of Law Report, p. 1;
20
Information received in the context of the country visit to Slovakia from the Supreme Administrative Court
and Judges for Open Judiciary.
21
Criminal proceedings are led by the Special Prosecutor and a Specialised Criminal Court. A judge accused
of this crime is entitled to request the Judicial Council to express its disagreement on the continuation of the
5
European standards provide that subjecting judges to liability for their judicial decisions may
occur in exceptional cases of malice and gross negligence22
, the forms of conduct which may
constitute a crime should be defined sufficiently clearly and precisely23
, and any regime
governing personal liability of judges must provide necessary guarantees to prevent any risk
of abuse24
. Safeguards would need to be in place and duly observed in practice, in line with
the aforementioned standards. So far, no judge has been prosecuted under this provision, but
several criminal complaints were filed25
.
Parliament approved a reform of the judicial map. For several years, the Ministry of
Justice worked on a reform of the judicial map26
. This reform aims to follow
recommendations of the Council of Europe Commission for the Efficiency of Justice
(CEPEJ)27
, which among others, suggested enhancing specialisation of judges and changing
the judicial map, in particular by decreasing the number of district courts28
. After criticism
from stakeholders, the Ministry of Justice revised its original draft of a comprehensive reform
and submitted a new version to public consultations in September 2021, and an Act
reforming the judicial map was approved by the Parliament on 27 April 202229
. It decreases
the number of district courts from 54 to 36, changes territories of regional courts, and
establishes five municipal courts. A separate act establishing administrative courts was also
adopted. While the aim of the original governmental proposal to increase public trust in the
judiciary and improve its efficiency and quality remain30
, changes were made, among others,
in the new territories of the courts. Additionally, the transfer of judges and staff from the
dissolved courts to the new courts no longer requires them to physically move to other
locations, as they will remain in the original location, serving as a branch of the successor
court31
. Cases will not be reallocated ex lege32
. Presidents of successor courts will remain in
criminal prosecution, which, if granted, is tantamount to the termination of the proceedings (this safeguard
was originally only effective until 2024, but the relevant provision was subsequently amended and it is no
longer temporary; Art. IX of Act No. 432/2021). The prosecuted judge may be temporarily suspended only
by a decision of a disciplinary court. 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Slovakia, p. 6.
22
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 68
23
See by analogy in case of disciplinary proceedings against judges: judgment of the CJEU of 15 July 2021, C-
791/19, para. 140. See also, by analogy, judgment of the CJEU of 18 May 2021 in joined cases C-83/19, C-
127/19, C-195/19, C-291/19, C-355/19 and C-397/19, Asociaţia ‘Forumul Judecătorilor din România’ and
Others, ECLI:EU:C:2021:393, para 234.
24
See by analogy in case of disciplinary proceedings against judges: judgment of the CJEU of 15 July 2021, C-
791/19, para. 146; judgment of the CJEU of 19 November 2019, LM, C-216/18, para. 67, as regards liability
of judges see also judgment of the CJEU of 18 May 2021 in joined cases C-83/19, C-127/19, C-195/19, C-
291/19, C-355/19 and C-397/19, paras. 228-239.
25
As of March 2022 there were 32 criminal complaints. Information received in the context of the country visit
to Slovakia from the Special Prosecutor. Media report that two of these were made by a politician against
Supreme Court judges. See Dennik N (2022) https://dennikn.sk/minuta/2675787/?ref=list
26
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 6-7.
27
2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 4. A CEPEJ review of
the draft reform concluded that the methodology used is in line with its guidelines and its assessment report
and highlighted the evidence-based approach adopted by Slovak authorities; CEPEJ (2020), CEPEJ Experts’
review of the Judicial Map Reform in the Slovak Republic, pp. 8-9.
28
CEPEJ (2017), Efficiency and quality of the Slovak judicial system, Assessment and recommendations on
the basis of CEPEJ tools, CEPEJ-COOP(2017)14, pp. 20-28.
29
Act No. 150/2022.
30
Explanatory report to the draft act on reform of the district courts, p. 1; Input from Slovakia for the 2022
Rule of Law Report, p. 3.
31
Input from Slovakia for the 2022 Rule of Law Report, p. 4.
6
office and presidents of dissolved courts will become vice-presidents of successor courts33
.
Stakeholders, including representatives of the highest judicial institutions, continued34
to
criticise the legislative process due to a lack of meaningful consultations35
. It was also
pointed out that such an extensive reform, which would trigger a reorganisation of the
prosecution service as well, should be implemented gradually over a longer period of time, in
order to ensure the continuous operation of the courts during the transition36
. Many
stakeholders however agree with the general aims of the reform and the main features, such
as the enlargement of court districts and achieving greater specialisation of judges37
, and
welcome the initiative as an effort to make the judiciary more effective and trusted38
. The
reform of the judicial map is part of the Slovak National Recovery and Resilience Plan39
. As
the reform will involve a transfer of judges, according to European standards, judges who
would be transferred in the course of the reform without their consent should benefit from
procedural safeguards in order to ensure that their independence is not jeopardised40
.
32
However, if a judge specializes in a certain area, the president of the court may reallocate cases which do not
fall under his or her area of specialization. This does not apply to judges of municipal courts in Bratislava.
The reallocation will be conducted randomly using technical means under the general rules stipulated in Sec.
51 of Act 757/2000 on courts. Cases which fall under area of specialization of judges cannot be reallocated,
and will be resolved by the president of the respective court in a work agenda of the court. Art. VIII of Act
No. 150/2022, amending Secs. 18l, 18m and 18n of Act No. 371/2004. Information received in the context
of the country visit to Slovakia from the Ministry of Justice.
33
The previous draft contained different options for selections of court presidents, under one of which the term
of office of all presidents of successor courts would be terminated and new presidents appointed, which
would have raised questions as regards the discretion given to the executive power. 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Slovakia, footnote 56.
34
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 6.
35
Joint statement of the Constitutional Court, Supreme Court, Supreme Administrative Court, Prosecutor
General and the Bar Association of 28 January 2022, https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/; Contribution from the Slovak
Bar Association for the 2022 Rule of Law Report, p. 21; Contribution from the Law Faculty of the
Komensky University in Bratislava for the 2022 Rule of Law Report, p. 1; Information on criticism from
relevant stakeholders is also noted in the Contribution from the European Network of National Human
Rights Institutions (Slovak National Centre for Human Rights) for the 2022 Rule of Law Report, p. 473.
Public consultations for the drafts took place from 13 September 2021 to 4 October 2021; Public
consultations LP/2021/503, LP/2021/504, LP/2021/505, LP/2021/506.
36
Joint statement of the Constitutional Court, Supreme Court, Supreme Administrative Court, Prosecutor
General and the Bar Association of 28 January 2022, https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/.
37
Joint statement of the Constitutional Court, Supreme Court, Supreme Administrative Court, Prosecutor
General and the Bar Association of 28 January 2022, https://www.nsud.sk/najvyssi-predstavitelia-
justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/; Contribution from the Public
Defender of Rights for the 2022 Rule of Law Report, p. 6; Information received in the context of the country
visit to Slovakia from the Supreme Administrative Court, the Association Judges for Open Judiciary, the
Slovak Bar Association.
38
Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 6.
39
Component 15 of the Slovak National Recovery and Resilience Plan.
40
Pursuant to European standards, it is allowed, in exceptional cases, to transfer judges without their consent,
provided that sufficient safeguards are in place. These safeguards include a requirement that the judge may
not be transferred to a court of a lower instance and that he or she has recourse to judicial review.
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 52;
European Charter of the Stature of Judges, Arts. 1.4., 3.4.; report of the European Network of Councils for
the Judiciary, on Minimum standards for the evaluation of professional performance and the irremovability
of members of the judiciary, proposal 4.21; judgment of the European Court of Human Rights of 9 March
2021, Bilgen v Turkey, 1571/07, para. 96.
7
The new Supreme Administrative Court has become operational. The Supreme
Administrative Court was established by the Constitutional amendment of 202041
as of 1
August 2021. The Court acts as a second instance in administrative proceedings and performs
several other tasks42
, such as disciplinary proceedings against judges. The Court is currently
composed of 21 judges43
, selected44
by the Judicial Council after a public hearing45
, has its
own staff, and is fully operational.
A law creating a new separate system of administrative courts was approved by the
Parliament. Administrative cases of first instance are currently handled by administrative
chambers within regional courts. In the context of the reform of the judicial map, the
Government has proposed the establishment of a separate administrative court system46
and
the Act was adopted by the Parliament on 27 April 202247
. The presidents of the new
administrative courts will be selected from among judges48
by a committee of five members,
which should be chosen by the Minister of Justice, two of which from candidates nominated
by the Judicial Council49
. As regards the selection of judges to the administrative courts50
, the
Minister of Justice, after consultation of the Judicial Council, determines which posts will be
filled by a transfer of judges51
and which through a selection procedure52
. The courts are
established as of 1 June 2022 and will start operating as of 1 January 202353
. It will be
important that the establishment of these new administrative courts and the regime applicable
to them complies with EU law and takes into account European standards54
.
Parliament adopted the new act on disciplinary proceedings against judges, now falling
under the responsibility of the Supreme Administrative Court. Previously, disciplinary
proceedings against judges were conducted by disciplinary bodies organised and supervised
41
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 7.
42
Review of constitutionality and legality of election to local authorities and dissolution or temporary
suspension of activities of political parties Sec. 142(2) of the Constitution.
43
The total number of judges will be 30. Information received in the context of the country visit to Slovakia
from the Supreme Administrative Court.
44
Certain stakeholders criticized that judges from the former administrative branch of the Supreme Court were
not automatically transferred to the Supreme Administrative Court, but had to pass though the election
procedure. Some of the Supreme Court judges refused this process and chose to remain at the Supreme
Court.
45
Sec. 151zf, Act 385/2000, on Courts.
46
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 7.
47
Act No. 151/2022 on the establishment of administrative courts.
48
Art. I, Sec. 3(6) of the Act No. 151/2022. Any judge may apply for the position.
49
In the standard process of appointment of court presidents as stipulated in Secs. 36 and 37 of Act 750/2004,
on Courts, four members of the selection committee are chosen by the Minister of Justice from a list of
candidates so that one of the members was nominated to the list by the Judicial Council and three by the
Minister. One member of the selection committee is elected by the council of judges at the respective court.
The list of candidates is published at the website of the Ministry of Justice
https://www.justice.gov.sk/Stranky/Sudy/Vyberove-konania-na-sudoch/Kandidati-na-clenov-vyberovych-
komisii-na-vyber-predsedov-sudov.aspx.
50
Art. I, Sec. 3(7) of the Act No. 151/2022.
51
Transfer of judges is conducted by the Judicial Council either on the request of a judge, or with his or her
consent, or based on a disciplinary decision, Sec. 14, Act 385/2000, on Courts.
52
Selection procedure will be conducted by a selection committee composed of two members nominated by
the Minister of Justice and three members nominated by the Judicial Council. Art. I, Sec. 3(9) of the Draft
Act on the establishment of administrative courts.
53
Art. XIII of the Act No. 151/2022.
54
Consultative Council of European Judges (2016), Opinion No.19, The role of court presidents, paras 37-40.
8
by the Judicial Council55
. The 2020 amendment of the Constitution56
transferred the
responsibility to conduct disciplinary proceedings to the Supreme Administrative Court. The
Supreme Administrative Court has also been assigned the responsibility to conduct
disciplinary proceedings against prosecutors, bailiffs and notaries57
. On 11 November 2021
Parliament adopted the act on disciplinary proceedings conducted by the Supreme
Administrative Court58
. Pursuant to this act, disciplinary proceedings against judges are
conducted by disciplinary bodies composed of five members, three of which, including the
Chair, are judges of the Supreme Administrative Court appointed according to a work
schedule prepared by the President of the Supreme Court59
. Two members are selected
randomly from a list of persons elected by the Judicial Council60
. A judge condemned in the
disciplinary proceedings may challenge the decision before an appellate body61
if the decided
sanction is dismissal from office62
. Stakeholders have welcomed the new regime of
disciplinary proceedings, expecting among others an increase in efficiency, transparency and
uniformity of decisions63
.
Criminal proceedings continue in relation to corruption and abuse of office charges
against judges and other representatives of justice and law enforcement. Following high-
profile police operations referred to in the 2020 and 2021 Rule of Law Reports64
, the
resulting criminal proceedings linked to serious allegations of corruption and abuse of office
involving a number of judges and other representatives of justice and law enforcement
continue65
(for other high level corruption cases see Section II).
55
Members of the disciplinary bodies were elected by the Judicial Council from candidates proposed by the
councils of judges of individual courts, Minister of Justice, and the Parliament; former Sec. 119a of Act
385/2000 on judges.
56
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 3.
57
Sec. 142(2)(c) of the Constitution. The Ministry of Justice also reflects on granting to the Supreme
Administrative Court the competence to review decisions from disciplinary proceedings against lawyers
conducted by the Slovak Bar Association. The Minister of Justice requested an opinion of the Venice
Commission on this mechanism. The Venice Commission stated that the Ministry’s general proposal was in
in line with international standards. Opinion of the Venice Commission No. 1048/2021 of 18 October 2021,
para. 64.
58
Act No. 432/2021 on disciplinary proceedings conducted by the Supreme Administrative Court, in effect
since 1 December 2021. Disciplinary liability, offences and penalties continue to be governed by Act No.
385/2000.
59
The work schedule is prepared for three years. Sec. 6 of Act No. 432/2021. Other two members are selected
from persons elected by the Council of prosecutors, the president of the Chamber of Bailiffs, the president of
the Chamber of Notaries or by the Judicial Council.
60
Sec. 6(4) and Sec. 9(4) of the Act No. 432/2021. These persons may not be judges, prosecutors, notaries or
bailiffs, but must have a law degree and practiced law for at least ten years. Sec. 10(4) of the Act No.
432/2021.
61
An appellate body is composed of five judges of the Supreme Administrative Court. Information received
from the Supreme Administrative Court.
62
Sec. 37 of Act No. 432/2021 on disciplinary proceedings conducted by the Supreme Administrative Court.
63
Contribution from the Slovak European Network of National Human Rights Institutions (Slovak National
Centre for Human Rights) for the 2022 Rule of Law Report, pp. 472-473; Information received in the
context of the country visit to Slovakia from the Judicial Council, the Association Judges for Open Judiciary,
civil societies organisations Zastavme korupciu (Stop Corruption) and Via Iuris, Public Defender of Rights.
64
2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 2 and 2021 Rule of
Law Report, Country Chapter on the rule of law situation in Slovakia, pp.2, 3.
65
As of March 2022, criminal proceedings involved 18 judges (out of which four have already been
sentenced), three prosecutors and six attorneys. Information received from the Special Prosecutor.
9
The Ministry of Justice announced legislative amendments to restrict the power of the
Prosecutor General to annul prosecutorial decisions. Currently, the Prosecutor General
has the power to annul any decision by lower-ranking prosecutors or the police made in the
course of criminal proceedings66
. Since August 202167
, when this power was used to stop
criminal proceedings against several high-profile defendants68
(see below in Section II), it
became a subject of a public debate. In one case this power was applied after the Supreme
Court issued several decisions in the proceedings69
, leading to the perception of this step as
an interference with judicial power70
. The annulment of criminal proceedings also contributed
to tensions between the Prosecutor General and the Special Prosecutor71
. The Ministry of
Justice is currently preparing a draft amendment of the Criminal Procedure Code, including
steps to narrow down this power of the Prosecutor General72
. In general, a limitation of the
power of the Prosecutor General would be in line with European standards relating to
autonomy and internal independence within the prosecution service73
.
The Bar Association is active in promoting the rule of law and has raised concerns
about the working environment of lawyers. The Bar Association started hosting a platform
where the highest representatives of the judiciary discuss matters related to justice and the
rule of law. Representatives on the highest level of the Bar Association, the Constitutional
Court, Supreme Court, Supreme Administrative Courts and the Prosecutor General agreed to
meet regularly to exchange views on the topics regarding the justice system and the rule of
law in Slovakia, such as the reform of the judicial map74
. The purpose of these meetings is
also to increase trust in the highest judicial institutions. The Bar Association reported that
lawyers encounter threats and harassment in the course of their practice75
.
66
Art. 363 of the Criminal Procedure Code. There is no legal remedy against the decision. Following such a
decision, the only possibility for investigators to bring again charges is to provide new evidence different
from what was presented in the original case.
67
The instrument has however been frequently used even before; since its creation in 2016, the Prosecutor
General annulled approximately 80 decisions each year.
68
Including one person with close connections to politicians from a government coalition party.
69
The criminal proceedings in this case were opened again. Information received in the context of the country
visit to Slovakia.
70
Information received in the context of the country visit to Slovakia.
71
In reaction to the tensions, the Government set up a special working group to restore trust in the rule of law,
which was intended to prepare recommendations for improvement of the functioning of courts, police and
prosecution. The working group has since been suspended, awaiting a political decision on the discussed
questions. Press release from the Government Office of 16 September 2021, Prime Minister: Expert working
group will discuss restoration of trust in the rule of law, https://www.vlada.gov.sk/premier-odborna-
pracovna-skupina-bude-riesit-obnovu-dovery-v-pravny-stat/. Information received in the context of the
country visit to Slovakia from the Ministry of Justice.
72
Information received in the context of the country visit to Slovakia from the Ministry of Justice. Two options
are under consideration, either to enact that this power cannot be used if a court decision already confirmed
the lawfulness or justification of the proceedings, or to limit the power only to the annulment of decisions of
prosecutors through which they decided to stop prosecution. The draft bill is expected to be submitted to
public consultation in spring 2022.
73
Recommendation CM/Rec(2000)19 of the Committee of Ministers to member states on the role of public
prosecution in the criminal justice system, recommendation 9 and 10; Venice Commission, Rule of Law
Checklist, CDL-AD(2016)007rev, para. 92.
74
Meetings of 23 September 2021 and 28 January 2022,
https://www.sak.sk/web/sk/cms/news/form/list/form/row/967235/_event, https://www.nsud.sk/najvyssi-
predstavitelia-justicnych-institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/.
75
Contribution from the Council of Bars and Law Societies of Europe, p. 58.
10
Quality
Efforts to advance digitalisation are continuing but gaps remain. Digital tools are widely
used in courts76
and court and prosecutorial decisions are generally accessible online77
. Gaps
continue to exist, in particular as regards the prosecution service, both in terms of use of
digital technology78
and availability of secure electronic communication tools, notably
between the prosecution service and detention facilities and investigating authorities79
.
Stakeholders80
further report weaknesses in using digital tools and infrastructure in practice
and that better equipment, better compatibility of different information systems and the
introduction of a new, improved case management system would enhance the benefits of
digitalisation. The development of a new court management system, an integration of
judicial, police and prosecution case management systems into a new criminal case
management system and a new commercial register are among the priorities of the
Government81
. Efforts are supported also by funding from the EU, including the Recovery
and Resilience Facility82
.
Efficiency
Efficiency of proceedings has continued to deteriorate, notably in administrative cases.
Already comparably lengthy in EU perspective, the trend of the growing length of
proceedings in administrative cases continued in 2020, reaching 585 days in the first instance
in 2020, compared to 317 days in 2017, 401 days in 2018 and 518 days in 201983
. At the
same time, the clearance rate is comparably low in EU perspective, at 86.8 % in 2020 (vs.
81.4 % in 2019)84
, pointing out at the system not managing to deal efficiently with the
workload in administrative cases. As regards civil and commercial cases, the estimated length
of proceedings in litigious civil and commercial cases also increased in 2020 compared to
2019, reaching 204 days (compared to 170 in 2019)85
. Several groups of cases concerning
excessive length of civil proceedings have been examined by the Council of Europe86
(see
also below in Section IV).
76
Figure 43, 2022 EU Justice Scoreboard.
77
Figures 48 and 49, 2022 EU Justice Scoreboard. For prosecutorial decisions,
https://www.genpro.gov.sk/dokumenty/pravoplatne-uznesenia-prokuratora-ktorymi-sa-skoncilo-trestne-
stihanie-vedene-proti-urcitej-2f09.html.
78
Figure 43, 2022 EU Justice Scoreboard.
79
Figure 45, 2022 EU Justice Scoreboard.
80
Information received in the context of the country visit to Slovakia from the Association of Judges, Supreme
Administrative Court and Slovak Bar Association
81
Input from Slovakia for the 2022 Rule of Law Report, p. 13 and information received in the context of the
country visit to Slovakia from the Ministry of Interior and the Office of the Prosecutor General.
82
The Slovak Recovery and Resilience Plan plans investments into digitalisation and analytical capacities for
the justice system, Component 15 of the Slovak Recovery and Resilience plan. Other examples of
digitalization projects supported from EU funds are projects at the Supreme Court, e.g. to strengthen
cybersecurity supported from the European Regional Development Fund or improve the Court’s website to
allow free access to key information in the form of open data or accessibility for people with disabilities,
with the support from the European Social Fund.
83
Figure 9, 2022 EU Justice Scoreboard.
84
Figure 13, 2022 EU Justice Scoreboard.
85
Figure 7, 2022 EU Justice Scoreboard.
86
These groups of cases concern excessive length of civil proceedings, excessive length of proceedings
concerning a compensation claim of the aggrieved party attached to criminal proceedings, effectiveness of
the remedy for excessively lengthy civil proceedings and excessive length of restitution-of-land proceedings
11
II. ANTI-CORRUPTION FRAMEWORK
In Slovakia, the competences for the prevention, detection and prosecution of corruption are
shared between several authorities. The Office of the Government is the central body for the
corruption prevention coordination, reporting directly to the Prime Minister’s Office. The
National Crime Agency of the Presidium of the Police Force is in charge of the detection and
investigation of corruption offences, with the exception of corruption crimes committed by
members of the police itself and certain law enforcement agencies falling under the remit of
the Bureau of Inspection Service87
. The Special Prosecutor’s Office88
has exclusive
jurisdiction over the investigation of criminal offences under the substantive jurisdiction of
the Specialised Criminal Court, including corruption offences89
.
The perception among experts and business executives is that the level of corruption in
the public sector still remains relatively high. In the 2021 Corruption Perceptions Index by
Transparency International, Slovakia scores 52/100 and ranks 22nd
in the European Union
and 56th
globally90
. This perception has been relatively stable over the past five years.91
The
2022 Special Eurobarometer on Corruption shows that 83% of respondents consider
corruption widespread in their country (EU average 68%) and 36% of respondents feel
personally affected by corruption in their daily lives (EU average 24%)92
. As regards
businesses, 84% of companies consider that corruption is widespread (EU average 63%) and
50% consider that that corruption is a problem when doing business (EU average 34%)93
.
Furthermore, 20% of respondents find that there are enough successful prosecutions to deter
people from corrupt practices (EU average 34%)94
, while 15% of companies believe that
(two-tier proceedings consisting of an administrative phase before a Land Office and a judicial phase on
appeal) and lack of effective remedies, respectively. Decisions on these cases were delivered by the
European Court of Human Rights and the execution of these judgments by the Slovak authorities is ongoing
and monitored by the Council of Europe under the standard procedure. See statuses of execution of the
judgments of the European Court of Human Rights of 24 July 2012, Maxian and Maxianova, 44482/09, of
15 September 2015 Javor and Javorova, 42360/10, of 27 June 2017, Ivan, 57405/15, of 31 August 2018,
Balogh and others, 35142/15. Most recently, Slovak authorities presented two action reports:
Communication from the Slovak Republic concerning the cases of Maxian and Maxianova (Application No.
44482/09) and Ivan v. Slovak Republic (Application No. 57405/15), DH-DD(2021)696, of 6 July 2021, and
Communication from the authorities (05/05/2021) concerning the case of Javor and Javorova v. Slovak
Republic (Application No. 42360/10), DH-DD(2021)467 of 6 May 2021.
87
Cf. Article 4(3) of Act No. 171/1993 Coll. on the Police Force.
88
Act of the National Council of the Slovak Republic No. 458/2003 Coll. on the establishment of the Special
Court and the Office of Special Prosecutor’s Office.
89
Act No. 291/2009 Coll. on the Specialized Criminal Court.
90
Transparency International (2022), Corruption Perceptions Index 2021. The level of perceived corruption is
categorised as follows: low (the perception among experts and business executives of public sector
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50),
high (scores below 50).
91
In 2017, the score was 50, while, in 2021, the score is 52. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points) and is relatively stable
(changes from 1-3 points) in the last five years.
92
Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption
perception and experience is updated every second year. The previous data set is the Special Eurobarometer
502 (2020).
93
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer
data on business attitudes towards corruption as is updated every second year. The previous data set is the
Flash Eurobarometer 482 (2019).
94
Special Eurobarometer 523 on Corruption (2022).
12
people and businesses caught for bribing a senior official are appropriately punished (EU
average 29%)95
.
While work on a new anti-corruption strategy post-2023 has been launched, an update
of the 2019 National Anti-Corruption Programme is still pending. The 2019 programme96
is part of Slovakia’s overall strategic framework for anti-corruption provided by the Anti-
Corruption Policy for 2019-2023, which focuses primarily on prevention through soft
measures97
. Overall, the National Anti-Corruption Program does not describe concrete steps
to fulfil the priorities outlined in the strategic document, being essentially identical to the
strategy. The updated programme98
was submitted to the Government in November 2021, but
has not yet been approved. Following the suspension of the discussions on the update in
November 202199
, a decision on its approval remains pending100
. The draft updated
programme contained measures based on GRECO evaluations, including on principles of
integrity, conflicts of interest, and statistical indicators relating to criminal proceedings 101
as
well as an evaluation of the implementation of the 2019 measures, most of which are still
outstanding102
. In the meantime, as of March 2022, the Office of the Government has begun
work on a new Anti-Corruption Strategy for the years 2024-2029 with a continued focus on
integrity measures103
. Adoption by the Government is planned for the end of 2023104
.
95
Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).
96
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 10. Government of
the Slovak Republic, National Anti-Corruption Program of the Slovak Republic (2019), which includes
several sectoral programmes that were adopted by the ministries and other institutions, including the
Ministry of Justice, of Economy, of the Interior, of Transport and Construction, of Environment, of Finance
Sector, of Foreign and European Affairs, of Health, and of Labour, among others. The adopted action plans
of these entities contained also primarily preventive elements, including on awareness-raising, anti-
corruption education and corruption risk-management.
97
Government of the Slovak Republic, Anti-Corruption Policy of the Slovak Republic for 2019-2023 (2018).
98
The Updated National Anti-Corruption Programme of the Slovak Republic (October 2021).
99
Input from Slovakia for the 2022 Rule of Law Report, p. 22. According to information received by the
Office of the Government, officially, there were some fundamental objections from the Ministry of Finance
regarding the terminology, the length of the draft update, the preciseness of measures, with the Government
preference for less measures (four or five), which would require a complete re-drafting.
100
Information received by the Office of the Government in the context of the country visit to Slovakia.
101
For more information, see GRECO Fourth Evaluation Round - Second Amendment to the Second Report on
the State of Implementation; Council of Europe, MONEYVAL (2020), Anti-money laundering and counter-
terrorist financing measures Slovak Republic, Fifth Round Mutual Evaluation Report.
102
They are formally classified as ‘not fulfilled’ or ‘in progress’. The government cited the pandemic as the
reason for delayed implementation of the anti-corruption programme. Input from Slovakia for the 2022 Rule
of Law Report, p. 20. The Corruption Prevention Department of the Government Office oversees the
implementation of the policy and action plan. Oversight over the implementation of the sectoral programmes
is the competence of the relevant central state administration bodies. The role of the Corruption Prevention
Department of the Office of the Government is, however, limited to checking whether the relevant ministry
has prepared the programme but it does not evaluate its content. However, the Corruption Prevention
Department cooperates with the anti-corruption coordinators with the Council of Anti-Corruption
Coordinators. See 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11.
103
Input from Slovakia for the 2022 Rule of Law report, p. 22. The work will take into consideration the
recommendations of the OECD (2021), Integrity Review of the Slovak Republic, which was presented by
the Prime Minister at the Integrity Forum in Bratislava on 3 March 2022.
104
Information received from the Ministry of Justice/Corruption Prevention Department of the Government in
the context of the country visit to Slovakia.
13
A draft reform of the Criminal Code seeks to amend the provisions criminalising
corruption. The envisaged changes105
aim to introduce new definitions of the crime of
bribery106
to modify and widen their scope to include also bribes of an intermediary
influencing the decision-maker, and to reassess sanctions107
. They also include a proposal to
make compensation for damages more enforceable. The draft amendments were submitted by
the Government for public consultation in December 2021108
. In addition, the Ministry of
Justice is preparing a major amendment of the Code of Criminal Proceedings109
, with the
launch of the legislative process planned in the course of 2022110
, which aims at accelerating
criminal proceedings and at addressing lengthy pre-trial periods111
.
A police reform aimed at increasing the effectiveness of the police in fighting corruption
entered into force on 1 February 2022. Among others, the new organisational measures
aim at supporting the National Crime Agency in the detection and investigation of serious
economic crime, including the most serious forms of corruption threatening the financial
resources of the state and the European Union budget112
. Furthermore, to facilitate the
police’s anti-corruption investigations, regional analytical departments and financial
investigation departments were created across Slovakia within the structure of the National
Crime Agency, thus reporting to the Presidium of the Police Force113
. The changes in the
police follow the measures implemented to strengthen the capacities of the Special
Prosecutor’s Office at the beginning of 2021, as reported in last year’s report114
. More
generally, concerns have been raised about the potential impact of the Civil Service
Reform115
on law enforcement, regarding the newly introduced possibility for the Minister of
the Interior or another appointed public official116
to transfer a police officer or other staff
105
Act amending Act No. 300/2005 Coll. Criminal Code, as amended, and amending certain acts
https://www.slov-lex.sk/legislativne-procesy/SK/LP/2021/744. Act No 312/2020 added to Act No 300/2005
provisions on new criminal offences, in particular Section 233a, Section 326a, Section 336 ‘Indirect
corruption’ and, Section 336 ‘Acceptance and confer of an undue advantage’. The amendment to the
Criminal Code is based on the government commitment as laid down in the Manifesto of the Government of
the Slovak Republic for the years 2021-2024 in the section Criminal Policy and Prisons, in response to
issues identified in practice.
106
Section 328 of the Criminal Code (passive bribery) and section 332(1) (active bribery).
107
Input from Slovakia for the 2022 Rule of Law Report, pp. 17 and 27.
108
Input from Slovakia for the 2022 Rule of Law Report, p. 28. Due to the large extent of changes and
comments received, a second public consultation is considered by the government for the second half of
2022.
109
Act No. 301/2005 Coll. Code of Criminal Procedure, as amended.
110
Information received from the Ministry of Justice/Corruption Prevention Department of the Government in
the context of the country visit to Slovakia.
111
Information received from the Ministry of Justice/Corruption Prevention Department of the Government in
the context of the country visit to Slovakia.
112
Input from Slovakia for the 2022 Rule of Law Report, p. 19.
113
Input from Slovakia for the 2022 Rule of Law Report, p. 19. In detail, the changes within the police force
concern: (i) the expansion of the analytical capacities of the Criminal Analysis Management Department of
the Presidium to the regional level and the establishment of new units, including (ii) the National Centre of
Special Crimes of the Presidium with nationwide competence, including a new Department for the Detection
of Hazardous Materials and Environmental Crime that will look, among others, into links to corrupt
behavior; and (iii) the Bureau of Criminal Techniques of the Presidium with nationwide competence to
enhance the quality of investigation techniques and evidence-gathering.
114
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11.
115
Amendment of Act No. 55/2017 on Civil Service, adopted by the National Council of the Slovak Republic
on 23 November 2021.
116
This includes also the Minister of Justice or the Director of the Slovak Intelligence Service.
14
member to another post or location without need for justification117
. In general, corruption
investigations have received increased public scrutiny on the integrity and effectiveness of
the process118
. Allegations of politically motivated decisions to open corruption
investigations risk eroding law enforcement cooperation, the effectiveness of the fight against
corruption as well as the public’s trust in the integrity of the institutions119
.
Efforts to fight high-level corruption continued while challenges emerged in high-level
corruption cases, including regarding the Prosecutor-General’s discretion. Investigations
of high-ranking officials that had started in 2020 continued in 2021 and investigations on
charges of bribery were opened against several other former high-ranking public officials,
including former ministers120
. In 2021, the National Crime Agency initiated proceedings in
114 cases of corruption121
. The number of individuals convicted for corruption offences
remained relatively stable with 132 convictions in 2021 (compared to 128 convictions in
2020)122
. Since 1 August 2021, the new Office for the Management of Seized Property123
is
operational, which is viewed to be an important tool in the fight against corruption124
.
However, the Prosecutor-General has recently invoked in several corruption-related cases
Article 363 of the Code of Criminal Procedure125
. As described in Section I this grants the
117
Information received from Transparency International/Zastavme korupciu in the context of the country visit
to Slovakia.
118
Information received from Transparency International/Zastavme korupciu in the context of the country visit
to Slovakia. See in this context also Zastavme korupciu (2021), Kovařík has resigned - Mikulca wants to be
removed - How they've managed the police so far; and Euractiv (2021), ‘Slovakia’s representatives discuss
investigations of corruption’; Euronews (2022), ‘Former Slovakian Prime Minster Robert Fico faces
criminal charges’; EUobserver (2022), ‘Slovak ex-PM narrowly stays out of jail in corruption fiasco’.
119
Information received from the National Crime Agency and civil society organisations Zastavme korupciu
and Transparency International in the context of the country visit, reporting about the consequences of
increasing public distrust in the police in the context of the country visit to Slovakia. See also The Slovak
Spectator (2021), ‘War among the police? Big corruption cases complicate relations between institutions’;
and Euractiv (2021), ‘Slovakia’s police chief charged for abuse of power, obstructing justice’.
120
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 12-13. Input from
Slovakia for the 2022 Rule of Law Report, p. 18. The political support and thus possibility to investigate and
prosecute high-level corruption has considerably improved following the public mass demonstrations against
the perceived impunity for high-level corruption based on revelations made in the context of the murder of
journalist Ján Kuciak and his fiancée Martina Kušnírová in 2018.
121
Corruption statistics are available in the annual reports of the National Crime Agency on the number of
criminal investigations and prosecutions and the number of individuals charged with corruption offences.
Also the Ministry of Interior publishes monthly crime statistics online.
122
Crimes included in the statistics are passive corruption (section 328), passive corruption – procurement of
items of general interest (section 329), active corruption (section 332), active corruption – procurement of
items of general interest (section 333), trading in influence (section 336), electoral bribery (section 336a),
sports corruption (section (336b), see General Prosecutor, Statistics for the year 2021 (March 2022), p. 45.
123
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 11. The Office was
established on the basis of the new Act 312/2020 Coll. on the Enforcement of the Decision.
124
Contribution from ENNHRI for the 2022 Rule of Law Report, p. 30, emphasising the Office’s importance in
the fight against corruption in managing properties seized during criminal and tax fraud proceedings, in
proving the origins of assets and in imposing international sanctions. In December 2021, the Office has
successfully managed several seizures, including 35 seizures of cars, 18 houses, 23 apartments, 79 premises
and 25 weapons. The relevant law on asset seizure, which entered into force in January 2021, is Act. No.
312/2020 on Forfeiture of Assets and Management of Seized Property and Amendments to Certain Acts. For
more details on this, see 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia,
p. 11.
125
Article 363 of the Code of Criminal Procedure empowers the Prosecutor-General to annul police and
prosecutorial decisions if they were illegal. The annulment must take place within six months of the disputed
decision. Notably, the article was considered controversial already before it was used in high-level
corruption cases, due to which the government committed itself to explore narrowing down this provision in
15
Prosecutor-General the power to determine whether prosecution is lawful and thus to annul
any decision to bring charges by lower-ranking prosecutors or police investigators126
. This
resulted in the closure of investigations against several high-profile defendants held in pre-
trial detention for corruption allegations127
, which triggered calls for more transparency of the
process128
. The law does not provide for a remedy against such annulments. The legality of
the criminal charges had previously been upheld by different courts, including the Supreme
Court and the Constitutional Court.
The new Whistleblower Protection Office took up its work in September 2021. As noted
in the 2021 Report129
, the Office’s mandate focuses on the reporting of breaches of law and
the protection against retaliatory measures undertaken based on the principles of
confidentiality and anonymity130
. Within its first 100 days of operations, the office131
has
granted four whistleblowers protection against their dismissal from work132
. A major obstacle
in detecting corruption is the low level of active reporting on corruption when it occurs,
particularly in areas where business meets politics133
. An amendment to the national
Whistleblower Protection Act was discussed by the Legislative Council on 25 May 2022, a
revised version of which will be submitted to the Government as a next step134
. The draft
April 2020. Information received from Transparency International/Zastavme korupciu in the context of the
country visit to Slovakia.
126
The Government has signalled its intention to propose legislative changes in this regard, as explained in the
justice section above.
127
For example, on 31 August 2021, Article 363 of the Code of Criminal Procedure was invoked to annual
corruption charges against a former director of the Slovak Secret Service (SIS) and four other individuals
held in custody. See in this context also Euractiv (2021), ‘Prosecutor General dismisses high-level
corruption charges’.
128
Transparency International (2021), The cancellations call for a clear justification in front of the public.
129
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13.
130
For more details on the office’s role, see 2021 Rule of Law Report, Country Chapter on the rule of law
situation in Slovakia, p. 13. The Office is accountable to the Parliament and will provide annual reports. The
target audience for the Office is both the public and the private sector.
131
The term of office of the Head of Office is seven years. The Office is independent from any other
department and staffed with 21 staff members and an estimated total budget of approximately EUR 873 000
for the year 2021. National Council of the Slovak Republic, The state budget 2022,
https://www.nrsr.sk/web/Dynamic/DownloadSslpZip.aspx?MasterId=8434&section=3_citanie&WFTID=.
132
No information is available whether these actions relate to corruption disclosures specifically but they give
an indication of the effective operations in general. See Whistleblower Protection Office, Today we have a
jubilee – 100 days of the Office, https://fb.watch/9YeqrEml6l/. In its first 100 days of operations, 111
individuals contacted the Office and 45 complaints were submitted, with more than half of them on serious
violations. Of these, the office is dealing with 22 pending cases. Until the creation of a dedicated
whistleblower office, the protection was exercised by labour inspectorates, which registered twenty
whistleblower disclosures or fewer annually. See also Labor Inspection, Results of the Labor Inspection in
the area of reporting anti-social activities.
133
Input from Slovakia for the 2022 Rule of Law Report, p. 31, notes in particular scenarios where public
officials would be offered bribes from entrepreneurs for the provision of subsidies, of non-repayable funds or
of lucrative contracts, and they refused to accept the bribe and thus effectively helped to prevent corruption
in these cases. There is a low level of active reporting of the corruption. According to a recent June 2021
opinion poll, 59% of respondents would not file a complaint and speak up against wrongdoing in their
employment.
134
See Act 54/2019 Coll. on the protection of whistleblowers and amendment of certain laws entered into force
on 1 March 2019. The amendment to the Act will transpose the EU-level directive on the subject matter.
16
reform of the Criminal Code would introduce a new criminal offence of ‘breach of protection
of a whistleblower’135
.
Slovakia remains without a specific framework regulating lobbying activities. In
December 2021, the Government indicated a new timeline for a lobbying bill, postponing its
initial commitment to present the bill by November 2021136
. In December 2021, the Deputy
Prime Minister for Legislation and Strategic Planning presented preliminary information on a
forthcoming lobbying bill, which would consist of a statutory regulation, a mandatory register
for lobbyists, and a code of ethics, but not rules on revolving doors137
. The new deadline for
the Deputy Prime Minister in charge of proposing a lobbying bill is set for 31 December
2022138
. Several attempts to adopt legislation on lobbying have failed in the past139
. As a
result, there are still no legal definitions of lobbyists, lobbying activities and lobbying targets,
nor effective sanctions for undue lobbying, nor any legislative footprint that illustrates who
sought to influence specific pieces of legislation140
. However, as reported last year, related
legislation and tools allow for the tracking of stakeholder comments and of the extent to
which they influenced a legislative draft141
.
Discussions are ongoing in the Parliament to establish an Office for the Protection of the
Public Interest to monitor asset declarations142
. Apart from asset declarations, the Office
would also oversee the implementation of new rules on conflict of interest and lobbying.
However, the amendments to the constitutional law on conflict of interest and on asset
declarations were postponed until the end of 2022143
. Until then, the system of asset
declarations for members of Parliament, judges, prosecutors, public officials and civil
servants remains decentralised and fragmented144
. As in the previous year, significant delays
135
Section 340a of the Criminal Code. See Act 54/2019 Coll. on the protection of whistleblowers and
amendment of certain laws entered into force on 1 March 2019. An amendment to the Act, which will
transpose the EU-level directive on the subject matter is in preparation.
136
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13.
137
Deputy Prime Minister, Preliminary information on the Lobbying Bill.
138
See OECD (2022), Integrity Review of the Slovak Republic – Delivering Effective Public Integrity Policies,
p. 99,
139
Cf. 2020 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 8, and 2021 Rule
of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 13.
140
See OECD (2021), Lobbying in the 21st
Century: Transparency, Integrity and Access; GRECO Fourth
Evaluation Round - Addendum to the Second Compliance Report, para. 8, and GRECO Fourth Evaluation
Round – Evaluation Report Slovak Republic, para. 25 (with regard to members of the parliament); GRECO
Fifth Evaluation Round – Evaluation Report, Slovak Republic, para. 89 (with regard to the central
government/ top executive functions); GRECO Fourth Evaluation Round - Addendum to the Second
Compliance Report.
141
These include among others the strong Freedom of Information Act and the Constitutional Law on Conflicts
of Interests No 357/2004 Coll.
142
Information received by the Office of the Government in the context of the country visit to Slovakia. During
the last reporting, the Government Office in cooperation with the Parliament was at an initial stage in the
conceptualisation of a legislative proposal to establish a unified office, see also 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Slovakia, p. 14.
143
Information received by the Office of the Government in the context of the country visit to Slovakia.
However, two working groups have been set up on the issue of asset declarations of public officials: first,
under the authority of the Government to prepare draft principles for the streamlining of the filing
mechanism for asset declarations and, second, of the Slovak National Council to draft a legal regulation for
asset declarations and a verification mechanism, which was to be submitted to the legislative process and
then for approval by the Government by 31 December 2021.
144
As reported last year, 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p.
14.
17
are also reported in the publication of the 2020 asset declarations of Members of Parliament
due in August 2021145
, partly due to the extended number of public officials that need to
submit declarations146
.
The Government proposed amendments to the criminal offence of electoral corruption
and to transparency requirements in political party finance. With regard to elections, the
reform of the Criminal Code aims at criminalising active and passive bribery in the electoral
context, including acts of bribery of a larger number of voters, thus including the more
regular and serious cases beyond the scenario of one bribe for one vote147
. Furthermore, more
severe penalties are proposed for electoral corruption taking into consideration its social
impact148
. The amendment of the Election Codes in December 2021 extended some national
transparency standards for party and campaign finance to the sub-national level149
. The main
law regulating the financing of political parties is the Act on Political Parties and
Movements150
, allowing for donations to political parties of up to EUR 300.000 per calendar
year, while donations from foreign entities and anonymous donors are banned151
.
Several reforms were launched to address corruption in the agricultural sector. In 2021,
the Slovak Government initiated several reforms of the agricultural land management
system152
, including a legislative proposal to create a register of land-use relationship to
prevent corruption schemes, such as those that occurred between 2016-2020153
. In September
2021, following an administrative investigation, OLAF raised concerns about the lack of a
complete central digital depository of EU payment-related documentation in the agricultural
145
The parliamentary committee did not publish the 2019 asset declarations of public officials until April 2021,
i.e. ten months after the deadline. Press Agency TASR (2020), ‘Property Declarations of Public Officials for
2019 were published’. See in this context, 2021 Rule of Law Report, Country Chapter on the rule of law
situation in Slovakia, p. 14. Notably, the Chairman of the Parliamentary Committee announced in August
2021 an effort to speed up the publication of asset declarations, see Press Agency SITA, ‘Politicians'
property declarations will be delayed, and they have hired an external company to help’.
146
The extended personal scope is due to Act no. 66/2019 amending Constitutional Act no. 357/2004 Coll. on
the protection of the public interest in the exercise of the functions of public officials, as amended by
Constitutional Act no. 545/2005.
147
Act No. 300/2005 Coll. Criminal Code, as amended, introducing a new sub-section in Section 336(1)(e) of
the Criminal Code.
148
Input from Slovakia for the 2022 Rule of Law Report, p. 27.
149
The main law regulating elections is Act No. 181/2014 on electoral campaigns.
150
Act 85/2005 on political parties and political movements, largely reflecting GRECO recommendations.
151
Written contribution received by the State Commission for Elections and the Ministry of Interior in the
context of the country visit to Slovakia, p. 2. Failure to comply can result in a fine by the State Commission
on Election and Control of the Financing of Political Parties in the amount of double the income from the
donation or the gratuitous service. Parties are required to report on their finances annually to the State
Commission. Financial reports are made publicly available. The reports are overseen by the National
Council of the Slovak Republic and must reveal financial information in relation to election campaigns and
the identity of donors (section 22(5) of the Act 85/2005 on political parties and political movements of 2005,
as amended in 2019.
152
The Slovak Land Fund is in charge of the management of agricultural land under State ownership or land
without a known private owner. These parcels cover approximately 20% of all agricultural land in Slovakia
and are in majority eligible for EU direct payments grants.
153
As reported in the 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp.
12-13, in May 2021, the National Crime Agency also detained several high-ranking officials of the Land
Fund allegedly involved in corruption schemes between 2016 and 2020, see 2021 Rule of Law Report,
Country Chapter on the rule of law situation in Slovakia, pp. 12-13, and Aktuality.sk, NAKA again detained
financier Kvietik and several people from the Slovak Land Fund (2021). In this context, see also next
footnote below.
18
sector, guaranteeing the accessibility and storage of information for transparency and
control154
.
Sectors particularly vulnerable to corruption risks remained largely the same as before
the COVID-19 pandemic. Notably, government procurement and investment are among the
high risk sectors for corruption, according to the Prosecution Service155
. Slovakia’s public
procur1ement system is currently under reform156
. Following the revision of May 2021, a
compromise legislative proposal was passed in autumn 2021, as a result of a public petition
and criticism for excluding the Office for the Public Procurement from the review
procedure157
. The use of quality criteria in public procurement remains limited, limiting
competition and reducing the possibility for strategic use of public procurement in support of
other policies158
. Overall, the epidemiological situation due to COVID-19 and related
mitigating measures considerably affected the Governments’ implementation of anti-
corruption actions, which had to be delayed159
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
The Slovak Constitution enshrines the right to express opinions, the right to search for,
receive and disseminate ideas and information as well as the right of access to information.
The Media Services Act, adopted in 2022, replaces the Broadcasting and Retransmission Act
and the Act on Digital Broadcasting and is aimed at ensuring plurality of information160
,
while the Press Act establishes rules relating to the press and to journalists. Legislation is in
preparation or pending in Parliament to enshrine a number of media freedom principles in the
Constitution and to replace the Press Act. The right to access information finds legal
expression in the Freedom of Information Act161
.
The former Council for Broadcasting and Retransmission, renamed the Council for
Media Services under the Media Services Act, operates autonomously. The number of
employees of the Council is expected to increase in line with its additional tasks in terms of
154
The European Anti-Fraud Office (OLAF) had already raised concerns in 2020 following three administrative
investigations into agriculture payments about shortcomings in the Land Fund with regard to transparency,
equal treatment of lease applicants and legal certainty in internal procedures. See Press Release of the
European Anti-Fraud Office (2021), OLAF closes cases on EU agricultural funds in Slovakia. The Slovak
Land Fund is in charge of the management of agricultural land under State ownership or land without a
known private owner. These parcels cover approximately 20% of all agricultural land in Slovakia and are in
majority eligible for EU direct payments grants.
155
Input from Slovakia for the 2022 Rule of Law Report, p. 26, including sectors, such as infrastructure,
construction, agriculture, environment, IT and healthcare. See also the 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Slovakia, p. 15.
156
National Council of the Slovak Republic on the change and supplement to Act 343/2015 Coll. on public
procurement and on change and supplement to some acts as amended by subsequent provisions. See also
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 15, noting that the
Government prepared a legislative proposal amending its public procurement law in an effort to reduce the
period needed for procuring goods, services and construction work during the pandemic.
157
The details of the reform have not yet been published.
158
In 2020, approximately 94% of the contracts were awarded on the basis of the lowest price only.
159
Reportedly, many police force units had to postpone planned corruption prevention tasks, including
capacity-building activities in 2021. Input from Slovakia for the 2022 Rule of Law report, p. 20.
160
Law on media services and amending certain acts (Media Services Act) of 22 June 2022 which transposes the
AVMS Directive 2018/1808.
161
Slovakia ranks 27th in the 2022 Reporters without Borders World Press Freedom Index compared to 35th in
the previous year.
19
research, media literacy and liaison with digital media platforms. The Broadcasting Council
disposes of its own budget, resources allotted are considered adequate for the
accomplishment of its tasks and clear rules on appointment and dismissal of the Council’s
members are established by law. The Media Pluralism Monitor 2022 confirms that the
independence of the Council is overall guaranteed and therefore presents low risk though
purely political nominations are possible given that the selection of candidates remains solely
in the hands of the Parliament162
.
The framework for ensuring transparency of media ownership has been reinforced.
The Publications Act163
has replaced the former Press Act and introduces a framework to
ensure transparency of media ownership, including with regard to ultimate beneficiary
ownership as foreseen in the Audiovisual Media Services Directive. The Media Pluralism
Monitor has reviewed its score for this area from high risk to medium risk164
. In the
meantime, the continuing lack of data with regard to revenues and audience market shares
renders an assessment of the actual situation with regard to horizontal ownership in the
television and media markets difficult to perform while the existing media concentration rules
do not cover native digital media and do not take into account the ultimate owners of the
media companies. This leads the Media Pluralism Monitor to consider news media
concentration to be an area presenting high risk165
.
A robust legal framework for the governance of public service media is in place but
there are concerns about politicisation of appointments and dismissals. The Act on
Slovakian Radio and Television166
provides the legal framework for the establishment,
governance and operation of public service media in the country. Under the Act, nominations
of the nine members of the Slovak Radio and Television (RTVS) Management Board are
submitted to a parliamentary committee by NGOs and are elected for a period of six years,
renewable by one term, by an absolute majority of MPs present. Board members may not
hold positions or be employed in political parties or movements, act on their behalf or act in
their favour. The Media Pluralism Monitor 2022 concludes167
that Act 532/2010 itself is fit
for purpose but that politicization and political interference in the appointments and
dismissals of managers and board members are issues of concern. RTVS is funded by means
of a license fee established by the Act, advertising and other commercial activities and by
means of a contribution from the state budget on the basis of a public contract which requires
annual negotiations between RTVS and the Ministry of Culture in accordance with the Act on
Slovakian Radio and Television. The MPM 2022 further points out that the Act does not
establish transparent and fair procedures in order to ensure adequate funding for RTVS. For
all these reasons the Media Pluralism Monitor concludes that this is an area of high risk.
The adoption of proposed legislation aimed at strengthening the protection of
journalists and on reforming criminal defamation have once more been postponed while
verbal attacks against journalists continue. Proposed legislation aimed at strengthening the
protection of journalists and amendments to the criminal code to reduce the punishment
contemplated for defamation, both referred to in the 2021 Rule of Law Report168
, have once
162
Media Pluralism Monitor 2022 report on Slovakia, p. 10.
163
Act on publishers of publications and on the media and audiovisual register of 22 June 2022.
164
Ibid. p. 12.
165
Id. p. 12.
166
Act 532/2010.
167
Media Pluralism Monitor 2022 report on Slovakia, p. 14-15.
168
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 17.
20
more been postponed. The punishment for defamation, up to two years imprisonment, is one
of the strictest in the European Union. Since July 2021, the Council of Europe’s Platform to
promote the protection of journalism and safety of journalists published one alert for
Slovakia, which concerned criminal charges pressed against two journalists for having
revealed confidential information relating to a former intelligence agent who had acted as a
witness in the investigation into the murder of Ján Kuciak and Martina Kušnírová169
.
Following widespread criticism, the Bratislava Region Prosecutor ordered such charges to be
dropped170
. The MPM 2022 reports that in terms of verbal attacks on journalists by
politicians, the situation has deteriorated171
including the use of dehumanising language. No
news media support scheme was introduced to counter the impact of the COVID-19
pandemic. On 28 February, the Specialised Criminal Court started hearing the retrial of the
alleged masterminds of the assassination of journalist Ján Kuciak and his fiancée Martina
Kušnírová in 2018 following the annulment of their previous acquittals by the first instance
court.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Slovakia is a parliamentary republic with a unicameral parliament (the National Council) as
the sole legislative body172
. The right to introduce legislation belongs to the Committees of
Parliament, individual members of Parliament, and the Government173
. The Constitutional
Court decides on the compliance of laws with the Constitution, constitutional acts and
international agreements, and ensures respect for fundamental and constitutional rights.
Independent authorities also play a role in safeguarding fundamental rights, notably the
Office of the Public Defender of Rights, the National Centre for Human Rights, the
Commissioner for Persons with Disabilities and the Commissioner for Children.
Concerns about the inclusiveness of the law-making process persist174. Stakeholders
criticised the lack of proper consultation for major legislative changes175
. While less
significant changes were transparently and inclusively discussed, stakeholders have
complained that meaningful discussions on major legislative projects were often avoided, and
draft laws concerned were adopted in haste.176
Several draft laws were submitted by members
of Parliament, where the opportunity for stakeholders to comment is limited, due to a lack of
procedural framework for public consultations177
. Although the number of laws adopted in a
169
Council of Europe, Platform to promote the protection of journalists and safety of journalists, Slovakia.
170
Reply of the Slovak authorities of 15 February 2022
171
See also 2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 16.
172
Article 72 of the Slovak Constitution.
173
Article 87 of the Slovak Constitution.
174
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 17.
175
Such as the reform of the judicial map and reforms of the Criminal Code and Criminal Procedure Code.
Contribution from the Slovak Bar Association for the 2022 Rule of Law Report, p. 21; Contribution from the
European Network of National Human Rights Institutions (Slovak National Centre for Human Rights) for
the 2022 Rule of Law Report, p. 462; Contribution from Via Iuris for the 2022 Rule of Law Report, p. 2;
Contribution from Law Faculty of the Komensky University in Bratislava for the 2022 Rule of Law Report,
p. 1.
176
See previous footnote.
177
This procedure was used for example for an amendment on the Act on Schools, which was adopted as Act
No. 273/2021, and for a draft Act on help to pregnant women, print No. 665, which was rejected only in the
third reading and stirred a public debate. Contribution from the European Network of National Human
Rights Institutions (Slovak National Centre for Human Rights) for the 2022 Rule of Law Report, p. 462.
21
fast-track procedure decreased178
and the majority of laws adopted in a fast-track procedure
were related to the COVID-19 pandemic179
, stakeholders express continued concern that the
fast-track procedure is being abused180
.
Plans announced in 2020 for improving the law-making process and strengthening
transparency, efficiency and accountability of the public administration have seen
limited progress. As mentioned in the 2021 Rule of Law Report, the Programme Statement
of the Government included a commitment to improve the process for preparing and enacting
laws, strengthen the transparency, efficiency and accountability of the public administration,
expand access to information and broaden the application of open government181
. The quality
of law-making and frequent changes in legislation is a significant reason for concern about
the effectiveness of investment protection among companies in Slovakia (45.4%)182
. The
Government consulted its departments on a draft amendment to the Act on Free Access to
Information183
and is now evaluating the comments. The amendment would, among others,
broaden the range of information and documents that are subject to compulsory publication
and extend the obligations under the Act to state-owned companies and their subsidiaries. No
legislative changes have been proposed to implement the other commitments from the
Programme Statement of the Government. The Office of the Plenipotentiary of the
Government for Civil Society Development is preparing a project to support participative
creation of public policies, which would follow-up on a similar project implemented from
2017 to 2020 and which was co-financed from the European Social Fund184
.
The Constitutional Court dismissed the petition regarding its competence to review
constitutional laws, but noted it may review constitutional laws in extreme
circumstances. As noted in the 2021 Rule of Law Report185
, the Constitutional Amendment
of 2020 expressly stipulates that the Constitutional Court does not have the competence to
review constitutional laws, which continues to be criticised by stakeholders186
. The provision
was challenged before the Constitutional Court. On 25 May 2022 the Constitutional Court
dismissed the action and upheld the Amendment but noted that it could review constitutional
laws in extreme circumstances in order to protect the material core of the constitution187
.
178
From 60 in 2020 to 27 in 2021; Input from Slovakia for the 2021 Rule of Law Report, p. 30; Input from
Slovakia for the 2022 Rule of Law Report, p. 37.
179
Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 21.
180
Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, p. 21; Contribution from
the European Network of National Human Rights Institutions (Slovak National Centre for Human Rights)
for the 2022 Rule of Law Report, p. 466; Statement of Via Iuris of 23 May 2022 ‘Politicians must respect
fundamental principles of the rule of law’.
181
Program Statement of the Government of the Slovak Republic for 2021 – 2024.
182
Figure 55, 2022 EU Justice Scoreboard.
183
Draft Bill amending Act No. 211/2000 Coll. on Free Access to Information.
184
Input from Slovakia on the 2022 Rule of Law Report, pp. 41-42; National project ‘Support for partnership
and dialogue in the field of participatory public policy making’, https://www.minv.sk/?ros_np_participacia.
The project, among other, facilitated twelve participatory public policy making pilot projects ranging from
national to local level, delivered more than 70 professional publications, incl. five legislative proposals or
developed new educational programmes and curricula.
185
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, pp. 3, 18.
186
Contribution from the European Network of National Human Rights Institutions (Slovak National Centre for
Human Rights) for the 2022 Rule of Law Report, p. 470 and 472.
187
Judgment of the Constitutional Court of 25 May 2022, No. PL ÚS 8/2022.
22
Constitutional review of measures adopted in the context of the COVID-19 pandemic
continued. A state of emergency188
was declared by the Government as of 25 November
2021 for 90 days189
. The state of emergency ended on 22 February 2022190
. The
Constitutional Court also continued191
to review specific measures taken in the context of the
pandemic. While it did not detect any systemic issues192
, it held that the obligation of certain
persons to quarantine in state run facilities was unconstitutional193
.
On 1 January 2022, Slovakia currently had 20 leading judgments of the European
Court of Human Rights pending implementation194. At that time, Slovakia’s rate of
leading judgments from the past 10 years that remained pending was at 41 % and the average
time that the judgments have been pending implementation was 2 years and 10 months195
.
The oldest leading judgment, pending implementation for 10 years, concerns the excessive
length of civil proceedings196
. On 1 July 2022, the number of leading judgments pending
implementation has increased to 22197
.
The Office of the Public Defender of Rights had to operate with reduced resources
despite the increased need for to the protection of fundamental rights in the wake of the
Covid-19 pandemic. Based on the Government decree approving the budget of the public
administration for the period 2021 - 2023198
, the budget of the Office of the Public Defender
of Rights for 2021 decreased and the staff level was reduced199
. According to the Public
Defender of Rights, whose mandate came to an end on 30 March 2022, this represents an
interference with its competences as a constitutional body200
. The selection of the Public
Defender of Rights is still pending; a new selection round by the National Council is
envisaged in September 2022. The resources of the National Centre for Human Rights, which
has a mandate as NHRI and equality body accredited with B-Status, have increased. At the
same time, no legislative initiative has been carried out to strengthen the mandate of the
188
The state of emergency allows the Government to adopt ordinances that limit certain rights and freedoms,
such as freedom of movement. The state of emergency may be declared by the Government for no longer
than 90 days. For more information on the state of emergency see the 2021 Rule of Law Report, Country
Chapter on the rule of law situation in Slovakia, pp. 18-19.
189
Government resolution No. 428/2021.
190
Information received from the Slovak Government.
191
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 19.
192
Information received in the context of the country visit to Slovakia from the Constitutional Court.
193
Judgment of the Constitutional Court of 8 December 2021, No. PL ÚS 4/2021.
194
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
195
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 69-70.
196
Judgment of the European Court of Human Rights of 24 July 2012, Maxian and Maxianova v. Slovakia,
44482/09, pending implementation since 2012.
197
Data according to the online database of the Council of Europe (HUDOC).
198
Government resolution No 649/2020 of 14 October 2020.
199
Reduction by 5 employees from the total of 57 staff positions, including the Public Defender of Rights;
contribution from the Public Defender of Rights for the 2022 Rule of Law Report, pp.14-15. 2021 Report on
the Activity of Public Defender of Rights, p. 134.
200
Contribution from the Public Defender of Rights for the 2022 Rule of Law Report, pp.14-15. 2021 Report on
the Activity of Public Defender of Rights, p. 134.
23
Centre and ensure legislative compliance with the United Nations Principles on the Status of
National Institutions (‘Paris Principles’)201
. The Commissioner for Persons with Disabilities
was re-elected on 3 December 2021 for another six-year mandate. After the expiry of the
mandate of the Commissioner for Children in December 2021202
, a new Commissioner was
elected by the National Council on 25 May 2022, after several unsuccessful rounds of votes.
Following fundamental objections in a public consultation in July and August 2021,
including from the General Prosecutor´s Office, the Commissioner for Children and the
Commissioner for Persons with Disabilities, the legislative proposal establishing the National
Preventive Mechanism (NPM) is still under review by the Ministry of Justice.
Concerns continue over financing of civil society organisations activities on issues
related to gender equality and LGBTIQ rights and over verbal attacks addressed to
human rights defenders in these areas. There were no relevant changes of the legal
framework governing civil society and civil society organisations continue to be free to
operate. However, stakeholders pointed out some instances of shrinking of civic space and
verbal attacks by public figures directed at civil society organisations and human rights
defenders, especially those working on human rights of LGBTIQ people and on women’s
rights including sexual and reproductive rights203
. The disbursement of funding through
public subsidies schemes continues to exclude organisations working on issues related to
gender equality and LGBTIQ rights204
, reported already in the 2021 Rule of Law Report205
.
The COVID-19 pandemic and related measures continued impacting the activities of civil
society organisations, in particular those offering social services and cultural and sports
activities, as well as the finances of civil society organisations through, among others,
reductions in contributions from private donors206
.
201
Input from Slovakia on the 2022 Rule of Law Report; contribution from European Network of National
Human Rights Institutions (Slovak National Centre for Human Rights) for the 2022 Rule of Law Report, p.
4521-5.
202
The incumbent Commissioner for Children stays in the office until a new Commissioner is elected.
203
Contributions from Civil Society Europe and Slovak National Center for Human Rights (ENNHRI), for the
2022 Rule of Law Report; Letter by the Council of Europe Commissioner for Human Rights to the Members
of the National Council of the Slovak Republic of 15 October 2021, mentioning ‘an increasingly hostile
environment’ for Slovak human rights defenders working on the issues of gender equality and sexual and
reproductive health and rights, https://rm.coe.int/letter-to-the-slovak-national-council-by-dunja-mijatovic-
council-of-eu/1680a43530.
204
Ministry of Labour, Social Affairs and Family of the Slovak Republic, List of accepted applications for
subsidies in 2021, https://www.employment.gov.sk/sk/ministerstvo/poskytovanie-
dotacii/archiv/poskytovanie-dotacii-roku-2021/schvalene-dotacie-2021.html.
205
2021 Rule of Law Report, Country Chapter on the rule of law situation in Slovakia, p. 20.
206
Information received during the country visit of Slovakia from the Slovak National Centre for Human
Rights; contribution from Civil Society Europe for the 2022 Rule of Law Report, p. 13.
24
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Aktuality.sk (2021), NAKA again detained financier Kvietik and several people from the Slovak Land
Fund (NAKA opäť zadržala finančníka Kvietika aj viacero ľudí zo Slovenského pozemkového fondu)
https://www.aktuality.sk/clanok/892385/naka-opat-zadrzala-financnika-martina-kvietika.
Bar Association (2021), Press release of 23 March 2021, The President of the Slovak Bar Association
visited new Director General of the Prison Guard (Predseda SAK navštívil nového generálneho
riaditeľa Zboru väzenskej a justičnej stráže),
https://www.sak.sk/web/sk/cms/news/form/list/form/row/596497/_event.
Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country
report on the Czech Republic.
CEPEJ (2017), Efficiency and quality of the Slovak judicial system, Assessment and recommendations
on the basis of CEPEJ tools.
Civil Liberties Union for Europe (2021), Contribution from Civil Liberties Union for Europe for the
2021 Rule of Law Report.
Civil Society Europe (2022), Contribution from Civil Society Europe for the 2022 Rule of Law
Report.
Communication platform of Slovak judges and the Association of Slovak judges (2021), Contribution
for the 2021 Rule of Law Report.
Constitutional Court, Judgment of 14 October 2020, Pl ÚS 22/2020.
Constitutional Court, Judgment of 30 January 2019, Pl ÚS 21/2014-96.
Constitutional Court, Judgment of 31 March 2021, Pl ÚS 2/2021.
Constitutional Court, Judgment of 25 May 2022, PL ÚS 8/2022.
Council of Bars and Law Societies of Europe (CCBE) (2022), Contribution from the Council of Bars
and Law Societies of Europe for the 2022 Rule of Law Report.
Council of Europe: Commissioner for Human Rights (2021), Letter to the Members of the National
Council for Slovak Republic https://rm.coe.int/letter-to-the-slovak-national-council-by-dunja-
mijatovic-council-of-eu/1680a43530.
Council of Europe: Committee of Experts on the Evaluation of anti-money laundering measures and
the financial of terrorism (Moneyval) (2020), Fifth round mutual evaluation report: Anti-money
laundering and counter-terrorist financing measures MONEYVAL (2020)21
https://rm.coe.int/moneyval-2020-21-5th-round-mer-slovakia/1680a02853.
Council of Europe: Committee of Ministers (2000), Recommendation CM/Rec(2000)19 of the
Committee of Ministers to member states on the role of public prosecution in the criminal justice
system.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe: Consultative Council of European Judges (2007), Opinion No. 10 to the attention
of the Committee of Ministers of the Council of Europe on the Council for the Judiciary at the service
of society (CCJE(2007)).
Council of Europe: Consultative Council of European Judges (2016), Opinion No. 19 on the role of
court presidents (CCJE(2016)2).
25
Council of Europe: Consultative Council of European Judges (2020), Opinion No. 23 on the role of
associations of judges in supporting judicial independence (CCJE(2020)2).
Council of Europe: Venice Commission (2005), Second interim opinion on constitutional reforms in
the Republic of Armenia, (CDL-AD(2005)016).
Council of Europe: Venice Commission (2010), Report on Constitutional Amendment, (CDL-
AD(2010)001).
Council of Europe: Venice Commission (2013), Opinion on the Draft Amendments to the Organic
Law on Courts of General Jurisdiction of Georgia, (CDL-AD(2013)007-e).
Council of Europe: Venice Commission (2016), Rule of Law Checklist, (CDL-AD(2016)007rev).
Council of the European Union (2020), Recommendation of 20 May 2020 on the 2020 National
Reform Programme of Slovakia and delivering a Council opinion on the 2020 Stability Programme of
Slovakia, (COM(2020) 525 final).
Council of European Union (2021), Annex to the Council Implementing Decision on the approval of
the assessment of the recovery and resilience plan for Slovakia (10156/21 ADD 1) https://eur-
lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_10156_2021_ADD_1&from=EN.
Court of Justice of the European Union, judgment of 18 May 2021, Asociaţia ‘Forumul Judecătorilor
din România’ and Others , C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19,
ECLI:EU:C:2021:393.
Court of Justice of the European Union, judgment of 20 April 2021, Repubblika, C-896/19,
ECLI:EU:C:2021:311.
Court of Justice of the European Union, judgment of 25 July 2018, LM, C‑216/18 PPU.
Directorate-General for Communication (2019), Flash Eurobarometer 482: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2020), Special Eurobarometer 502: corruption.
Directorate-General for Communication (2022), Flash Eurobarometer 523: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 507: corruption.
EUobserver (2022), Slovak ex-PM narrowly stays out of jail in corruption fiasco
https://euobserver.com/rule-of-law/154892.
Euractiv (2021), Prosecutor General dismisses high-level corruption charges
https://www.euractiv.com/section/politics/short_news/prosecutor-general-dismisses-high-level-
corruption-charges/.
Euractiv (2021), ‘Slovakia’s police chief charged for abuse of power, obstructing justice’
https://www.euractiv.com/section/politics/short_news/slovakias-police-chief-charged-for-abuse-of-
power-obstructing-justice/.
Euractiv (2021), ‘Slovakia’s representatives discuss investigation of corruption’
https://www.euractiv.com/section/politics/short_news/slovakias-representatives-discuss-investigation-
of-corruption/.
Euronews (2022), Former Slovakian Prime Minister Robert Fico faces criminal charges
https://www.euronews.com/2022/04/20/former-slovakian-prime-minister-robert-fico-faces-criminal-
charges.
European Association of Judges (2022), Contribution from the European Association of Judges for
the 2022 Rule of Law Report.
European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation
in Slovakia.
26
European Commission (2021), 2021 EU Justice Scoreboard.
European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation
in Slovakia.
European Commission (2021), Press Release No. 03/2021, OLAF closes cases on EU agricultural
funds in Slovakia https://ec.europa.eu/anti-fraud/media-corner/news/21-01-2021/olaf-closes-cases-eu-
agricultural-funds-slovakia_en.
European Commission (2022), 2022 EU Justice Scoreboard.
European Commission carried out by the Council of Europe Commission for the Efficiency of Justice
(2017), Efficiency and quality of the Slovak judicial system, Assessment And recommendations on the
basis of CEPEJ tools, CEPEJ-COOP(2017)14.
European Commission carried out by the Council of Europe Commission for the Efficiency of Justice
(2020), CEPEJ Experts’ review of the Judicial Map Reform in the Slovak Republic.
European Commission carried out by the Council of Europe Commission for the Efficiency of Justice,
Annual Study.
European Court of Human Rights, judgment of 15 September 2015, Javor and Javorova, 42360/10.
European Court of Human Rights, judgment of 24 July 2012, Maxian and Maxianova, 44482/09.
European Court of Human Rights, judgment of 27 June 2017, Ivan, 57405/15.
European Court of Human Rights, judgment of 9 March 2021, Bilgen v Turkey, 1571/07.
European Court of Human Rights, judgment of 31 August 2018, Balogh and others, 35142/15.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
European Network of Councils for the Judiciary (2012-2013), Report on Minimum standards for the
evaluation of professional performance and the irremovability of members of the judiciary.
European Network of National Human Rights Institutions (2021), Contribution for the 2021 Rule of
Law Report.
GRECO (2019), Fifth Evaluation Round – Evaluation Report on the Slovak Republic on preventing
corruption and promoting integrity in central governments (top executive functions) and law
enforcement agencies.
GRECO (2019), Fourth Evaluation Round - Addendum to the Second Compliance Report on
theSlovak Republic on preventing corruption in respect of members of parliament, judges and
prosecutors.
GRECO (2021), Fourth Evaluation Round - Second Addendum to the Second Compliance Report on
the Slovak Republic on preventing corruption in respect of members of parliament, judges and
prosecutors.
GRECO (2021), Slovakia: GRECO regrets slow progress in prevention corruption of
parliamentarians, judges and prosecutors https://www.coe.int/en/web/portal/-/slovakia-greco-regrets-
slow-progress-in-preventing-corruption-of-parliamentarians-judges-and-prosecutors.
Judges for Open Judiciary (2022), Contribution from Judges for Open Judiciary for the 2022 Rule of
Law Report.
Komensky University, Law Faculty (2022), Contribution from the Law Faculty of the Komensky
University for the 2022 Rule of Law Report.
Labor Inspection, Results of the Labor Inspection in the area of reporting anti-social activities
https://www.ip.gov.sk/vysledky-inspekcie-prace-v-oblasti-oznamovania-protispolocenskej-cinnosti/.
27
Ministry of Interior (2022), Contribution from the Ministry of Interior for the 2022 Rule of Law
Report.
OECD (2012), Implementing the OECD Anti-Bribery Convention, Phase 3: Slovak Republic.
OECD (2014), Implementing the OECD Anti-Bribery Convention, Follow-Up to the Phase 3 Report
and Recommendation: Slovak Republic.
OECD (2017), Implementing the OECD Anti-Bribery Convention, Phase 1bis Report: Slovak
Republic.
OECD (2021), Lobbying in the 21st
Century https://www.oecd-ilibrary.org/governance/lobbying-in-
the-21st-century_c6d8eff8-en.
OECD (2022), Integrity Review of the Slovak Republic: Delivering Effective Public Integrity Policies
https://www.oecd.org/publications/oecd-integrity-review-of-the-slovak-republic-45bd4657-en.htm.
Office of the Deputy Prime Minister (2021), Preliminary information on the Lobbying Bill
https://www.slov-lex.sk/legislativne-procesy/SK/PI/2021/264.
Office of the Government (2021), Press release, Expert taskforce will tackle restoring confidence in
the rule of law (Odborná pracovná skupina bude riešiť obnovu dôvery v právny štát)
https://www.vlada.gov.sk/premier-odborna-pracovna-skupina-bude-riesit-obnovu-dovery-v-pravny-
stat/.
OLAF (2021), Press release – OLAF closes cases of EU agricultural funds in Slovakia
https://ec.europa.eu/anti-fraud/media-corner/news/olaf-closes-cases-eu-agricultural-funds-slovakia-
2021-01-21_en.
Public Defender of Rights (2020), Annual report on the activities of the Public Defender of Rights
(Správa o činnosti verejného ochrancu práv za obdobie roka 2020),
https://www.vop.gov.sk/files/VOP_VS20_SK_1.pdf.
Public Defender of Rights (2022), Contribution from the Public Defender of Rights for the 2022 Rule
of Law Report.
Reporters without Borders – Slovakia https://rsf.org/en/country/slovakia.
SITA (2021), ‘Politicians' property returns will be delayed, they have also hired an external firm to
help’ (‘Majetkové priznania politikov budú meškať, na pomoc si najali aj externú firmu’)
https://www.webnoviny.sk/majetkove-priznania-politikov-budu-meskat-na-pomoc-si-najali-aj-
externu-firmu/.
Slovak Association of Judges (2022), Contribution from the Slovak Association of Judges for the 2022
Rule of Law Report.
Slovak Bar Association (2021), Contribution from the Slovak Bar Association for the 2021 Rule of
Law Report.
Slovak Constitutional Court (2022), Joint statement with the Supreme Court, Supreme Administrative
Court, Prosecutor General and Bar Association, Senior representatives of judicial institutions
discussed upcoming legislative changes (Najvyšší predstavitelia justičných inštitúcií diskutovali o
pripravovaných legislatívnych zmenách) https://www.nsud.sk/najvyssi-predstavitelia-justicnych-
institucii-diskutovali-o-pripravovanych-legislativnych-zmenach/.
Slovak Government (2018), Anti-Corruption Policy of the Slovak Republic for 2019-2023
https://rokovania.gov.sk/download.dat?id=588DFBA123494910A70AF18737B85A81-
034BF7E75BABC88FC3A419E44DED1345.
Slovak Government (2019), National Anti-Corruption Program of the Slovak Republic
https://rokovania.gov.sk/download.dat?id=F75436C4AF3C4D96AE93D60FD6BCA184-
99C291B1BA87B0B9BF1E773CB8DA6BA0.
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Slovak Government (2020), Annual report on the activities of the Public Defender of Rights
https://www.vop.gov.sk/files/VOP_VS20_SK_1.pdf.
Slovak Government (2021), Input from Slovakia for the 2021 Rule of Law Report.
Slovak Government (2021), Plan of Legislative Tasks of the Government of the Slovak Republic for
2021 https://www.slov-lex.sk/legislativne-
procesy?p_p_id=processDetail_WAR_portletsel&p_p_lifecycle=2&p_p_state=normal&p_p_mode=vi
ew&p_p_cacheability=cacheLevelPage&p_p_col_id=column-
2&p_p_col_count=1&_processDetail_WAR_portletsel_fileCooaddr=COO.2145.1000.3.4201465&_p
rocessDetail_WAR_portletsel_file=pl%C3%A1n-
2021.pdf&_processDetail_WAR_portletsel_action=getFile.
Slovak Government (2021), Press release – Prime Minister: Expert working group will discuss
restoration of trust in the rule of law (Premiér: Odborná pracovná skupina bude riešiť obnovu dôvery
v právny štát) https://www.vlada.gov.sk/premier-odborna-pracovna-skupina-bude-riesit-obnovu-
dovery-v-pravny-stat/.
Slovak Government, Program Statement for 2020 – 2024 https://www.mpsr.sk/programove-
vyhlasenie-vlady-slovenskej-republiky-na-obdobie-rokov-2020-2024/800-17-800-15434/.
Slovak Government, Program Statement for 2021 – 2024
https://www.nrsr.sk/web/Dynamic/DocumentPreview.aspx?DocID=494677.
Slovak Government (2021), Recovery and Resilience Plan (Plán obnovy a odolnosti Slovenskej
republiky) https://www.planobnovy.sk/files/dokumenty/kompletny-plan_obnovy.pdf.
Slovak Government (2021), Updated National Anti-Corruption Programme
https://rokovania.gov.sk/download.dat?id=AC1F28C57AFC4404A10668B388D1E04F-
01E859E1A2586E19FA0FCBA4FF3E8A45.
Slovak lawyers, Open call and contribution for the 2021 Rule of Law Report,
https://pravnystat.eu/en/.
Slovak Ministry for Regional Development (2020), Press release, Vice-Premier Remišová: 1.1 mil
EUR for help to non-governmental organisation with fights agaist COVID-19 (Vicepremiérka
Remišová: 1,1 milióna eur na pomoc mimovládnym organizáciám v boji s COVID–19)
https://www.mirri.gov.sk/aktuality/podpredsednicka-vlady/vicepremierka-remisova-11-miliona-eur-
na-pomoc-mimovladnym-organizaciam-v-boji-s-covid-19/.
Slovak Ministry of Health, Sectorial anti-corruption programme
https://www.health.gov.sk/Zdroje?/dokumenty/mzsr/rezortny-protikorupcny-program.rtf.
Slovak Ministry of Interior, National project Promoting partnership and dialogue in the field of
participatory public policy-making (Národný projekt Podpora partnerstva a dialógu v oblasti
participatívnej tvorby verejných politík) https://www.minv.sk/?ros_np_participacia.
Slovak Ministry of Interior (2022), Written contribution from the Slovak Ministry of Interior in the
context of the country visit.
Slovak Ministry of Justice, Analytical Center (2020), Odporúčania pre tvorbu novej súdnej mapy
http://web.ac-mssr.sk/wp-content/uploads/2020/sudna_mapa/nova_sudna_mapa_3_0_final.pdf.
Slovak Ministry of Justice, Analytical Center (2020), Recommendations for preparation of a new
judicial map http://web.ac-mssr.sk/wp-
content/uploads/2020/sudna_mapa/nova_sudna_mapa_3_0_final.pdf.
Slovak Ministry of Justice, Analytical Center (2020), Reform of the Judicial map http://web.ac-
mssr.sk/wp-content/uploads/2020/sudna_mapa/Reforma_sudnej_mapy_na_citanie.pdf.
Slovak Ministry of Justice, Timeline of the drafting process of the Judicial Map Reform http://web.ac-
mssr.sk/wp-content/uploads/2020/sudna_mapa/20210223_Casov%C3%A1_os_Sudna_mapa_v.2.pdf.
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Slovak Ministry of Labour, Social Affairs and Family, List of approved applications for subsidies in
2021 (Schválené dotácie 2021) https://www.employment.gov.sk/sk/ministerstvo/poskytovanie-
dotacii/archiv/poskytovanie-dotacii-roku-2021/schvalene-dotacie-2021.html.
Slovak National Center for Human Rights (2019), Annual report on compliance with human rights
http://www.snslp.sk/wp-content/uploads/Sprava-o-LP-v-SR-za-rok-2020-.pdf.
Slovak National Center for Human Rights (2022), Contribution from the Slovak National Center for
Human Rights for the 2022 Rule of Law Report.
Slovak National Labour Inspectorate (2021), Labour inspection results in the field of whistleblowing
https://www.ip.gov.sk/vysledky-inspekcie-prace-v-oblasti-oznamovania-protispolocenskej-cinnosti/.
Slovak Public Prosecutor’s Office (2022), Statistical overview of criminal and non-criminal activities
for 2021 (Štatistický prehľad trestnej a netrestnej činnosti za rok 2021)
https://www.genpro.gov.sk/statistiky/statisticky-prehlad-trestnej-a-netrestnej-cinnosti-za-rok-2021-
3acf.html.
Slovak State Commission for Elections (2022), Written contribution from the Slovak State
Commission for Elections in the context of the country visit.
TASR (2021), ‘Property declarations of public officials for 2019 have been published’ (‘Zverejnili
majetkové priznania verejných funkcionárov za rok 2019 https://domov.sme.sk/c/22631335/zverejnili-
majetkove-priznania-verejnych-funkcionarov-za-rok-2019.html.
The Slovak Spectator (2021), ‘War among the police? Big corruption cases complicate relations
between institutions’ https://spectator.sme.sk/c/22708405/war-among-police-officers-big-corruption-
cases-complicate-relations-between-institutions.html.
Transparency International (2020), Exporting corruption
https://www.transparency.org/en/publications/exporting-corruption-2020.
Transparency International (2021), The cancellations call for a clear justification in front of the public
https://transparency.sk/sk/rusenia-obvineni-volaju-po-jasnom-zdovodneni-pred-verejnostou/.
Transparency International (2022), Corruption Perceptions Index 2021.
UNCAC, Implementation Review - 1st
cycle (2010-2015), Country Review Report of Slovak Republic
https://www.unodc.org/documents/treaties/UNCAC/CountryVisitFinalReports/2013_07_11_Slovakia
_Final_Country_Report.pdf.
Via Iuris (2022), Politicians must respect fundamental principles of the rule of law (Politici musia
rešpektovať základné princípy právneho štátu) https://viaiuris.sk/aktuality/blog/politici-musia-
respektovat-zakladne-principy-pravneho-statu/.
Via Juris (2022), Contribution from Via Juris for the 2022 Rule of Law Report.
Zastavme korupciu (2021), Kovařík has resigned - Mikulca wants to be removed - How they've
managed the police so far https://zastavmekorupciu.sk/blog/kovarik-sa-vzdal-funkcie-mikulca-chcu-
odvolavat-ako-doteraz-riadili-policiu/.
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Annex II: Country visit to Slovakia
The Commission services held virtual meetings in February 2022 with:
 Association of Judges for Open Judiciary
 Government Office – Corruption Prevention Department
 Judges For Open Judiciary
 Judicial Council
 League of Human Rights
 Ministry of Culture
 Ministry of Health
 Ministry of Interior
 Ministry of Justice
 National Centre for Human Rights
 Police National Crime Agency
 Open Government Partnership
 Prosecutor General’s Office
 Public Defender of Rights
 Slovak Bar Association
 Slovak Council for Broadcasting
 Special Prosecutor’s Office
 Supreme Administrative Court
 Supreme Court
 Transparency International
 Via Iuris
* The Commission also met the following organisations in a number of horizontal meetings:
 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute ( OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe