The governing coalition can't be certain that President Peter Pellegrini will sign the bill abolishing the Office for the Protection of Whistleblowers (UOO) and creating an Office for the Protection of Victims of Crime and Whistleblowers of Anti-Social Conduct.
Speaking at a press conference during his working visit to Portugal, Pellegrini stated that he'll approach the legislation responsibly once it is approved and then decide, while also closely following the legislative process.
"Even today I've failed to understand the urgency of all this. The office is so tiny that if we were talking about fiscal consolidation, it's absolutely just a drop in the ocean in the context of the budget. I think that Slovakia has far more serious problems at the moment than dealing with the Office for the Protection of Whistleblowers," said Pellegrini. He added that he fails to understand, if the government saw a need to change UOO, why the cabinet didn't propose this during its previous two years in office, and why it was necessary to convene a special emergency government session on Saturday (22 November) and push the changes through via fast-tracked proceedings.
The President stated that the government must consider Slovakia's interests concerning EU funds as well.
The Council of Slovak Prosecutors voiced strong opposition to the bill proposing the transformation of the Office for the Protection of Whistleblowers (UOO), as well as to the manner in which the proposal is being pushed through, according to council chair Stanislav Jakubčík on Thursday.
The council warns of serious legal deficiencies that threaten the principles of the rule of law, Slovakia's obligations towards the European Union and the safety of individuals who have reported wrongdoing in good faith.
The council states that the conditions for fast-track legislative procedure weren't met in this case. "Fast-track procedures are a tool reserved for extraordinary circumstances in which there is a threat to fundamental human rights, state security or significant economic damage. The submitter has demonstrated none of these circumstances. On the contrary, paradoxically, a tool intended to protect rights is being used to adopt legislation that reduces the level of rights protection.
The council also pointed out that the proposed changes may directly contradict the Directive of the European Parliament and of the EU Council on the protection of persons who report breaches of Union law. "It explicitly states that implementing the directive must not result in a reduction of the level of protection that member states already provide. Abolishing the existing independent Office for the Protection of Whistleblowers and replacing it with an institution with a lower degree of independence and powers represents a flagrant breach of this obligation," Jakubčík explained. "The proposed changes, which politicise the appointment of the new office's leadership and subordinate it to executive power, are incompatible with the requirement of impartiality mandated by European law," the Council underlined.
It warned that the practical consequence of adopting the amendments would be an immediate and significant deterioration in the position of individuals who have reported corruption or other serious wrongdoing. "By narrowing the definition of a whistleblower and weakening the protection mechanism, these individuals would face a direct risk of losing their jobs, harassment, and other forms of retaliation from employers, often linked to public authorities. Uncertainty regarding the duration and scope of protection will have a strong deterrent effect on potential future whistleblowers," added Jakubčík.
Parliament is discussing the proposal via a fast-tracked legislative procedure. Coalition politicians have defended the changes by saying the office is politicised. The opposition has criticised both the proposal and the fast-tracked process, calling it interference in the functioning of UOO. Non-profit organisations have also expressed concerns, warning of inconsistencies with European Union law and possible sanctions or the risk of losing EU funding.
On Saturday (22 November), the government approved a draft bill establishing a new central Office for the Protection of Victims of Crime and Whistleblowers of Anti-Social Conduct. It is set to replace the existing UOO and take over the agenda of compensating victims of crime from the Justice Ministry. The Interior Ministry argues that it is necessary to respond to problems with applying the current law, in particular regarding insufficient rights for employers of protected whistleblowers. The change is also intended to increase the efficiency of institutional protection for victims of crime and whistleblowers of anti-social conduct, which is currently divided among several state bodies.
Source: TASR
