Slovak court halts criminal code reforms amid EU fund suspension threat

Several parts of the criminal code reform were suspended by the Constitutional Court on Wednesday after the EU Commission criticised it and warned that Bratislava could face a fine or the complete suspension of European funds if it goes ahead.

The reform, which abolishes the Special Prosecutor’s Office and significantly reduces penalties and statutes of limitations for serious crimes, including corruption, was due to come into force on 15 March.

On Wednesday evening, Markíza and Denník N reported that Slovakia’s Constitutional Court had decided to accept a request by President Zuzana Čaputová and opposition parties to review the constitutionality of the reform and temporarily suspend its effect until a decision is made.

“It is great news that democracy is functioning in Slovakia, that checks and balances in the form of the judiciary work here,” Čaputová told Denník N on Wednesday.

The court decided to suspend the amendments, reducing penalties and the statute of limitations. However, it did not halt dismantling the Special Prosecutor’s Office.

If the court rules that the contested parts of the regulation are unconstitutional, they may not enter into force and could not be used as grounds for freezing EU funds. It remains to be seen whether the suspended parts will be sufficient for the Commission to trigger conditionality procedures.

The European Public Prosecutor was particularly critical of the abolition of the Special Prosecutor’s Office, which will come into force on 20 March.

Since December 2023, the Commission and the Slovak government have been in intensive communication about the planned changes. According to two letters seen by Euractiv Slovakia, the European Commission has warned Bratislava of the consequences it could face if the reform is passed.

In a letter dated 8 February, EU Commissioner Didier Reynders wrote to Fico’s government that the planned reforms “appear to have a direct and significant negative impact on EU law” and expressed concern about a “risk of irreparable damage”, in particular to the Union’s financial interests.

“The Commission is committed to protecting these interests as necessary, (…) including by infringement proceedings and proceedings under the Conditionality Regulation and the Recovery and Resilience Facility Regulation”, the letter warned.

(Natália Silenská, Barbara Zmušková | Euractiv.sk)