EU Launches Legal Action Against Slovakia Over Constitutional Amendments Challenging Primacy of EU Law on National Identity

EU Initiates Legal Action Against Slovakia Over Constitutional Challenge to EU Law

The European Commission has initiated legal proceedings against Slovakia, accusing the country of violating EU law. This action follows Slovakia's recent amendment to its constitution, which asserts national sovereignty over sensitive matters like gender and family law, and claims local laws take precedence over EU legislation in these areas.

Under the leadership of pro-Russian populist Prime Minister Robert Fico, Slovakia has increasingly found itself at odds with its European Union partners. These disagreements span a range of issues, including the bloc's stance on Russia's invasion of Ukraine, climate change policies, and various social debates.

The constitutional change, adopted in September, explicitly states that domestic laws concerning national identity, including family and gender, supersede EU legislation. Prime Minister Fico has publicly defended this amendment, calling it a "dam against progressivism." The Commission, in response, issued a letter of formal notice to Slovakia on Friday, highlighting its serious concerns.

A Challenge to EU Legal Principles

The Commission's statement emphasized that Slovakia's constitutional revisions "contravenes the principle of the primacy of EU law," a cornerstone of the EU's legal framework. It further clarified that fundamental elements such as the autonomy, effectiveness, and uniform application of Union law are also at stake. The EU asserts that even when a member state amends its own constitution, this national competence cannot bypass the fundamental principles of Union law. Slovakia now has a two-month window to formally respond to the Commission's notification.

Specific provisions within the new constitutional amendment solidify that only male and female will be recognized as genders. Furthermore, school curricula are mandated to adhere to cultural and ethical positions enshrined in the constitution, and rules governing adoption have been made stricter.

Fico's Broader Political Stance

Prime Minister Fico's actions are consistent with his broader political rhetoric. He has been a vocal critic of liberal democracy, often highlighting the perceived benefits of governmental efficiency in undemocratic nations. Fico has also advocated for a reduction in the number of political parties in Slovakia, believing this would streamline government formation processes. Just last week, while acknowledging the EU as a significant project, Fico expressed concerns about its leadership and even spoke of the necessity for member states to prepare for the bloc's potential collapse.

Fico's pro-Western opposition has voiced strong accusations, suggesting that the Prime Minister is deliberately laying the groundwork for Slovakia's eventual exit from the EU. His meetings with Russian President Vladimir Vladimir Putin, including a private encounter in December 2024 following Russia's 2022 invasion of Ukraine, have further fueled these concerns. After public protests against his pro-Russian stance post-trip, Fico controversially accused opposition activists of orchestrating a coup.

Adding to the political tensions, tens of thousands of Slovaks demonstrated across the country on November 17, the anniversary of the 1989 end of communist rule, to protest Fico's policies.