The European Commission has launched proceedings against Slovakia for legislative changes regarding the Office for the Protection of Whistleblowers. He considers the contested law to be in conflict with the European directive and the Charter of Fundamental Rights.
The European Commission (EC) announced on Friday that it has started infringement proceedings against Slovakia. The reason is the recent adoption of the law on the change of the Office for the Protection of Whistleblowers (ÚOO) to a new office. According to the Commission, this step is contrary to the directive on the protection of whistleblowers and the Charter of Fundamental Rights of the European Union. However, the law in Slovakia did not enter into force, as the Constitutional Court of the Slovak Republic suspended it even before the law entered into force, reports TASR.
- The European Commission has started proceedings against Slovakia for the new law.
- The law changes the Whistleblower Protection Office into a new office.
- The EC claims that the law is in conflict with EU law.
The ÚOO in its original form was supposed to disappear from January 1, 2026, but after the intervention of the Constitutional Court in December, it continues to function without changes for the time being.
Planned transformation of ÚOO
The legislation was supposed to transform the ÚOO into a new Office for the Protection of Victims of Crime and Whistleblowers of Anti-Social Activities. In addition to the agenda of whistleblowers, he was also to deal with the agenda of compensating victims of crimes, which he was to take over from the Ministry of Justice. The law also deals with the review of protection in both criminal and administrative proceedings.
The National Council of the Slovak Republic approved the legislation in December. Slovak President Peter Pellegrini vetoed it and returned it to parliament for discussion. However, the deputies approved it again.
The opposition subsequently appealed to the Constitutional Court. He accepted her proposal for further proceedings in its entirety. In the 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, but also the process of its adoption in abbreviated legislative proceedings. She criticized, for example, the shortening of the term of office of the duly elected chairperson of the ÚOO, as well as the changes regarding the provision and review of whistleblower protection.
The EC sent Slovakia a formal notice of possible non-fulfilment of the obligation in connection with the ÚOO and requested additional information and an explanation. Slovakia must respond to the challenge within a specified period, which is usually two months.
If the EC does not receive a satisfactory answer from Slovakia or there is no remedy, it can proceed to the next stage of the procedure and send the state a reasoned opinion. If even then the dispute is not resolved, the Commission can sue the state at the Court of Justice of the EU. Subsequent failure to comply with the measures resulting from the decision of the EU Court could lead to sanctions.
Already in December, the European Commission expressed concern about several provisions of the Act on the change of the ÚOO to a new office. The Commission also expressed its regret that the National Council of the Slovak Republic did not use the opportunity for a thorough consultation on the law.
