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Controversial changes in Slovak criminal law promoted (and most likely to be promoted) by Robert Fico’s cabinet may seriously weaken the functioning of democracy and the rule of law in Slovakia. Our eastern neighbors are threatened with tough sanctions from the European Union and the emergence of a semi-authoritarian regime, such as the one that already exists in Hungary. The experts contacted by e15 agreed on this.
It has been a quarter of a year since Robert Fico was appointed Slovakia’s prime minister for the fourth time, and while experts expected him to try to concentrate power in his own hands, they were largely surprised by the speed and confidence with which the old The old-fashioned leader tries to achieve this goal. “What Hungarian Prime Minister Viktor Orbán has been building in his country for years, Fico can easily catch up in a few months,” warns Slovak political scientist Tomáš Koziak.
Shortly after taking office, Fico stopped communicating with the media, which was not favorable towards him. With his authoritarian behavior he even forced some leading Slovak businessmen to leave the country. However, the Prime Minister’s reforms in the area of criminal law are of greatest concern, in particular the planned abolition of the Special Prosecutor’s Office (ÚSP).
This elite unit of the Slovak public prosecutor’s office investigates corruption and serious crimes, such as the murder of journalist Ján Kuciak and his fiancée Martina Kušnírová in 2018, as well as cases involving several of the prime minister’s close friends, sponsors and associates. In some cases, Fico himself is even being investigated. The end of the office would therefore allow the Prime Minister to sweep many burning cases from his previous administrations deep under the carpet.
“In the event of the abolition of the ÚSP, the investigation teams would be disbanded and many corruption and other matters of the political elites would be transferred to ordinary prosecutors. They will therefore be overwhelmed with a large number of cases for which they are not prepared,” warns Kristína Chlebáková , project manager from the Europeum Institute for European Policy. The way in which Fitz’s cabinet is trying to push through the proposal is also scandalous.
EU funds are also at stake
Last week, despite loud criticism from the opposition and President Zuzana Čaputová, the Slovak parliament decided with the votes of government MPs to accelerate discussions on criminal law reform. “It’s probably unconstitutional. This eliminates the need for a broader, more detailed and more professional discussion not only in parliament, but also with other parties affected by these changes,” emphasizes Chlebáková.
In addition to abolishing the ÚSP, Fico’s government also wants to reduce penalties for corruption and economic crime or shorten the statute of limitations for crimes. The experts contacted agree that if Bratislava continues these steps, it will face the imposition of severe sanctions by the European Union, including financial ones. “The European Parliament already condemned the Slovak government’s attempt to change criminal law in mid-January, and it is clear that, after the experiences with Poland and Hungary, it is closely following developments in the country,” says Pavlína Janebová, director of research Association for International Issues.
According to Koziak, the most important thing now is how the criminal justice reform will ultimately be implemented and whether Fico will then take further measures that contradict democratic values. “Talking about sanctions is premature at this point. After all, the political situation in Slovakia is not yet as bad as in Hungary, where freedom of the press and the independence of the courts are also restricted. However, the imposition of some sanctions in the future cannot be ruled out,” says the political scientist. For example, Slovakia could have its voting rights within the EU institutions suspended, or the 27th could, like Poland and Hungary, freeze funds from EU funds.
“Slovakia has already received a warning from the European Union, publicly and undoubtedly also through internal channels. “A functioning rule of law is a prerequisite for the disbursement of European funds, with Slovakia currently being a main recipient of this,” Chlebáková adds, adding that losing access to EU funds would cause great damage to the Slovak economy.
Criticism of Ukraine is just for show
In recent days, Fico has also drawn attention to himself with very sharp statements about Ukraine. Last week, at a meeting with Chancellor Olaf Scholz in Berlin, he declared that “the war in Ukraine has no military solution.” He had previously stated that there was no war in Kiev, where Russian missiles hit every day and civilians died. “Go there and you will find that life there is completely normal,” the prime minister said in response to a question from a journalist in Kamenice nad Cirochou in eastern Slovakia.
However, experts assume that in this case it is more of a theater for the home audience. “Fico’s rhetoric is aimed at his voters in Slovakia. His focus is on domestic politics, where he tries to score points through pro-Russian rhetoric. But we see that at the international level, in terms of real steps, there has not yet been a fundamental deviation from the EU mainstream line,” says Janebová.
“This is pure populism. Fico says these things at home to please the people with extremist views that helped him win the election. “They tend to get their information from conspiracy websites rather than traditional media and therefore don’t even know that they behave and speak much more diplomatically on NATO or European Union soil,” agrees Koziak. According to experts, it is therefore not very likely that Fico will join Orbán in the future and block the sending of military and financial aid to Ukraine or its accession to the European Union.
Will Čaputová’s successor save democracy?
How the situation of democracy in Slovakia will develop can be predicted based on the upcoming presidential elections, which will take place at the turn of March and April. Among them, the leader of the National Council, Peter Pellegrini, Fico’s former partner and head of the Hlas party, which is part of Fico’s current governing coalition, is considered the big favorite. His possible victory would strengthen the power of the Slovak prime minister. “I do not believe that Pellegrini would be able to create a democratic counterweight to Fico and would be willing to openly oppose his controversial reforms like President Čaputová,” fears Chlebáková.
Koziak, on the other hand, believes that Pellegrini is far from being sure of the presidential seat and he would not be surprised if the opposition candidate, former Foreign Minister Ivan Korčok, became the winner of the election, continuing the tradition of “anti-TIFF presidents after Andrej Kisk and Čaputová.
“I would say that Pellegrini has been damaged by the alliance with the current government.” Her affairs, such as Andrei Danko’s traffic accident, are depriving liberal voters of support. And for nationalists and pro-Russian extremists, it’s not all that radical. Many people see it as Fico’s shoulder bag. “Given the polarization of Slovak society, I would rather bet on Korčok’s victory, which, on the other hand, has the potential to win the votes of the majority of Fico opponents,” claims the political scientist. Pre-election polls also prove him right, which now give both main candidates equal chances; both are likely to receive around 33 percent of the vote in the first round.
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