EU launches infringement procedure against Slovakia over constitutional amendment

ISTANBUL

The European Commission on Friday launched infringement proceedings against Slovakia over a recent constitutional amendment that Brussels says challenges the primacy and uniform application of EU law.

In a statement, the EU's executive branch said it sent to the Slovak government a formal notice requesting clarity and additional explanations regarding newly added provisions to Article 7 of the Constitution.

Bratislava now has two months to respond, the Slovakian national news agency reported.

According to the European Commission, the amendment enables Slovak authorities, including courts, to determine “whether and to what extent Union law, including judgments of the Court of Justice, can be applied in Slovakia."

The EU's executive body stressed that it had already communicated its concerns to Slovak officials before the amendment was passed, yet the law was adopted without changes reflecting those warnings.

Slovak Prime Minister Robert Fico announced earlier this month that the European Commission was preparing to act. He criticised Brussels’ objections, arguing that the disputed article reinforces Slovakia’s sovereignty in matters of “values and ethics.”

“We are looking forward to this conflict. I cannot imagine that some international organization should order us how many genders there should be and who can marry and who cannot marry," Fico said on Nov. 7.

If Slovakia does not provide a satisfactory explanation or amend the legislation, the European Commission may proceed to the next step and issue a reasoned opinion. The case could eventually be referred to the Court of Justice of the EU, potentially triggering financial penalties if Slovakia does not comply with a court ruling.

However, Martin Vokalek, executive director of the Institute for European Policy Europeum, told the Slovak news agency TASR that such procedures typically take years.

“That is why it is in the EC’s interest, first and foremost, to conduct a dialogue with the state and try to resolve the situation without further escalation,” he said.

The amendment, which took effect on Nov. 1, defines only two biologically determined sexes, man and woman, and adds a constitutional guarantee of equal pay for men and women.

It also contains clauses related to adoption and the educational process, with the government presenting it as an effort to “ensure Slovakia’s sovereignty in value, cultural and ethical issues.”

The European Commission also opened a separate infringement procedure against Slovakia for insufficient efforts to reduce ammonia emissions that contribute to air pollution.