The European Commission has warned Bratislava that it could face a fine or a complete suspension of European funds, as the government’s reform of the penal code could potentially affect the country’s compliance with EU directives, according to two letters seen by Euractiv Slovakia.
The letters, the existence of which was first revealed by the Slovak opposition Progressive Slovakia party, show that the Justice Ministry and the EU Commission have been in intensive communication since December 2023 about the planned changes.
The reform, which was passed last week and is awaiting the president’s signature or veto, abolishes the special prosecutor’s office, weakens whistleblower protections and reduces penalties and statutes of limitations for serious crimes such as murder, rape and corruption.
The most recent of the letters was written by European Commissioner Didier Reynders on 8 February, when the Slovak parliament passed the controversial law.
He said the planned reforms “appear to have a direct and significant negative impact on EU law” and expressed concern about a “risk of irreparable harm”, particularly to the Union’s financial interests.
“The Commission is committed to protecting these interests as necessary,” Reynders continued, “including by infringement proceedings and proceedings under the Conditionality Regulation and the Recovery and Resilience Facility Regulation”.
Given the seriousness of the legal concerns raised, he urged Prime Minister Robert Fico’s government to suspend the fast-track legislative procedure until it was satisfied that the Commission’s concerns had been sufficiently addressed.
The other letter, sent in January, detailed Brussels’ objections. It warned that some of the proposed amendments were “in conformity with the Directive on the fight against fraud to the Union’s financial interests by means of criminal law” (PIF Directive).
For example, if states that affecting the EU’s financial interests were to be punishable not by imprisonment but by a fine or a prohibition from carrying on a business, this would constitute “a regression in the level of protection, and potentially leading to a lack of effectiveness and sufficient deterrence”.
In addition, the proposed abolition of the Specialised Prosecutor’s Office, which plays a crucial role in PIF offences, would have serious consequences for the European Public Prosecutor’s Office (EPPO) – it would mean a loss of expertise and efficiency in its cases.
The shorter statute of limitations for PIF offences proposed by the amendments would also lead EPPO to dismiss an estimated 20% of its ongoing cases, the six-page letter warned.
Despite the seriousness of the letters, the Slovak government remains confident of a positive resolution. “It will be communicated by the Department of Justice, and nothing will happen. EU funds will continue to come to Slovakia,” said Richard Raši, the minister in charge of cohesion funding.
[Edited by Alice Taylor]
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Source: euractiv.com
