The European Commission has opened an infringement procedure against Slovakia over recent constitutional amendments that Brussels says undermine the primacy and uniform application of EU law. The Commission argues that new provisions in Article 7 allow Slovak authorities and courts to decide whether EU law, including rulings of the Court of Justice, applies in Slovakia—contradicting fundamental EU legal principles. Slovakia has two months to respond to the Commission’s formal notice.
The contested amendment, in force since 1 November and adopted in September, declares that only biologically determined male and female sexes exist, guarantees equal pay for men and women, and regulates child adoption and education. It aims to reinforce Slovakia’s sovereignty in cultural and ethical matters. This is the second infringement Slovakia faces in November, following one linked to ammonia emissions.
Prime Minister Robert Fico (Smer-SD) insists that no constitutional changes will be made in response to Brussels’s objections. He maintains that the procedure concerns solely Article 7 and Slovakia’s right to prioritise national law in matters of national identity, which he claims is protected under EU treaties. Fico argued that the EU’s concerns are hypothetical and said he considers the amendment fully in line with EU law. He described the infringement process as routine and expressed confidence it will not escalate to a lawsuit.
Justice Minister Boris Susko (Smer-SD) noted that the Venice Commission has recognised the amendments as legitimate. If Slovakia’s response fails to satisfy the Commission, the case may proceed to a reasoned opinion and ultimately to the European Court of Justice, although experts say such disputes often take years and are usually resolved before reaching court.
Source: TASR
