Parliament on Friday approved a constitutional amendment that defines the existence of only two genders – male and female – in the Slovak Constitution. The amendment also introduces a constitutional guarantee of equal pay for men and women for the same work and a reference to national identity, which, according to some interpretations, will allow Slovakia to disregard international agreements to which it is bound.
The primacy of Slovak legislation over European standards in matters of values raises several legal questions for the future. Some warn that the change could, in extreme cases, lead to litigation, sanctions, or even pose a threat to democracy. The coalition rejects such concerns, arguing that it is merely a matter of common sense. However, constitutional lawyers note that all existing laws referencing the amendment adopted on Friday, 26 September 2025, may be subject to review by the Constitutional Court. So far, the Court has demonstrated a generally favourable stance toward European law.
According to former Justice Minister and opposition SaS MP Mária Kolíková, the vote of 90 MPs could have serious legal consequences for Slovakia: “It is very likely that proceedings will be brought against the Slovak Republic, because this goes against our key fundamental commitment that we want to have common rules with our partners within the European Union. And now we are saying that we don't have to.”
Prime Minister and Smer-SD leader Robert Fico rejects this claim, arguing that every country has the right to address cultural and ethical issues as it deems appropriate: “In fundamental matters of core values, national law must come first and take precedence over international agreements binding on the Slovak Republic. After all, that is common sense.”
Political scientist Marián Sekerák from Ambis University in Prague does not believe that the constitutional amendment poses a threat to democratic principles in Slovakia.
“There has been no change in institutional frameworks or in the powers of individual branches of government. On the other hand, when it comes to the article stating that the Slovak Republic is not bound to any ideology or religion, I believe that a turn to ideology is already taking place,” stated Sekerák.
The expert points out that in this case, the Constitutional Court cannot overturn the result of the vote on amending the country's fundamental law. He does not rule out possible proceedings before the Court of Justice of the European Union. Constitutional lawyer Vincent Bujňák from Comenius University in Bratislava continues: „Continuing to guard the protection of constitutionality, but also, for example, obligations arising from European law, there will be our Constitutional Court which in its case law to date has shown a very friendly attitude towards European law.“
Brussels has long criticized Hungary's constitutional changes. Budapest therefore faces legal proceedings for violating regulations, which could result in heavy fines.
Source: Marián Žáry Kukelka, Slovenský rozhlas
