The European Commission has launched proceedings against Slovakia over changes in whistleblower protection
Brussels – The European Commission (EC) announced on Friday that it has launched infringement proceedings against Slovakia. The reason is the recent adoption of a law changing the Office for the Protection of Whistleblowers (ÚOO) into a new office. According to the EC, this step is contrary to the Whistleblower Protection Directive and the Charter of Fundamental Rights of the European Union. However, the law in Slovakia has not entered into force, as the Constitutional Court of the Slovak Republic suspended it before it came into effect, TASR reports.
In its original form, the ÚOO was to be dissolved as of 1 January 2026, but after the Constitutional Court’s intervention in December, it continues to operate without changes for the time being.
The legislation was to transform the ÚOO into a new Office for the Protection of Victims of Criminal Offences and Whistleblowers of Anti‑social Activities. In addition to the agenda of whistleblowers of criminal activity, it was also to deal with the agenda of compensating victims of criminal offences, which it was to take over from the Ministry of Justice. The law also addresses the review of protection within criminal and administrative proceedings.
The opposition challenges in court the possible inconsistency of the law amending the Office for the Protection of Whistleblowers with the Constitution of the Slovak Republic and EU law
The National Council of the Slovak Republic approved the legislation in December. The President of the Slovak Republic Peter Pellegrini vetoed it and returned it to parliament for reconsideration. However, MPs approved it again. The opposition then turned to the Constitutional Court. The Court accepted its motion for further proceedings in its entirety. In its submission, the opposition objected to the possible inconsistency of the law with the Constitution of the Slovak Republic and the law of the European Union, as well as to the process of its adoption in fast‑track legislative procedure. It criticized, for example, the shortening of the term of office of the duly elected chairwoman of the ÚOO and the changes concerning the provision and reassessment of whistleblower protection.
The EC sent Slovakia a formal notice of possible failure to fulfil obligations in connection with the ÚOO and requested additional information and clarification. Slovakia must respond to the request within a set deadline, which is usually two months. If the EC does not receive a satisfactory response from Slovakia or no remedy is taken, it may move to the next stage of the proceedings and send the state a reasoned opinion. If the dispute is still not resolved, the Commission may sue the state before the Court of Justice of the EU. Subsequent failure to comply with the measures arising from the court’s decision could lead to sanctions.
The European Commission already expressed concern in December about several provisions of the law transforming the ÚOO into a new office. The Commission also expressed regret that the National Council of the Slovak Republic did not make use of the opportunity for thorough consultation on the law. (30 January)
