Slovakia's recent modifications to its criminal justice system have elicited criticism from the Council of Europe's anti-corruption body, GRECO. A report, published on August 28, 2025, urges the Slovak Republic to re-evaluate its expedited legislative procedures and the considerable reduction of criminal sentences. It posits that these reforms gravely jeopardise the nation's anti-corruption efforts and consequently undermine the Rule of Law.
By Creatives Unite Newsroom
GRECO initiated an “ad hoc procedure” under Rule 34, a provision reserved for extraordinary circumstances wherein reforms are deemed to potentially lead to significant breaches of anti-corruption standards. This action succeeded several months of scrutiny concerning legislative changes enacted during early 2024.
Legal changes in Slovakia, primarily Law no. 40/2024, are critically assessed by GRECO for their rapid adoption via an expedited legislative procedure lacking adequate public consultation. Key aspects of these reforms include the curtailment of limitation periods and a substantial reduction in sentences for economic and corruption-related offences, alongside the disbandment of the Specialised Prosecutor's Office (SPO) and the reorganisation of the National Crime Agency (NAKA). Additionally, concerns have been raised regarding Article 326a, which criminalises judges for “bending the law,” and identified deficiencies in the implementation of the Whistleblower Protection Act.
The GRECO report identified numerous principal areas of concern, such as the absence of adequate public consultation or comprehensive impact assessments. The new legislation curtailed limitation periods and substantially reduced sentences for economic and corruption-related offences. Furthermore, the abolition of the Specialised Prosecutor's Office (SPO), a previously efficacious entity in prosecuting corruption, generated concerns about the potential erosion of specialised prosecutorial expertise.
The report also observed the replacement of the National Crime Agency (NAKA), an effective investigative authority for high-level corruption, with a fragmented structure comprising multiple new entities. Likewise, identified deficiencies in the implementation of the Whistleblower Protection Act, including ambiguous terminology and proposed exclusions, indicate a potential “chilling effect.”
Most importantly, concerns were articulated regarding Article 326a, which criminalises judges for “bending the law,” suggesting that its broadly defined provisions could potentially compromise judicial independence.
These reforms were introduced after Slovakia's September 2023 parliamentary elections, which brought a new government assuming power under the leadership of Prime Minister Robert Fico.
The measures precipitated widespread domestic protests and encountered robust opposition from key European institutions, including the European Parliament, the European Commission, and the European Public Prosecutor's Office. Critics expressed profound apprehension that the reforms would debilitate the rule of law and impede the prosecution of high-level corruption. However, Prime Minister Robert Fico has consistently rejected international criticism as “interference” in domestic affairs.
A January 2024 European Parliament resolution conveyed “deep concern” that Slovakia's proposed measures “threaten the integrity of judicial processes, undermine the European Union's fight against fraud and jeopardise the protection of the EU's financial interests.” The European Commission and the European Public Prosecutor's Office have also issued strong warnings, including the prospect of withholding EU funds.
The European Commission additionally admonished Slovakia regarding the potential forfeiture of vital EU funding if the criminal code amendments were perceived to adversely affect the European Union's financial interests, which led to subsequent adjustments concerning EU-funded offences.
Transparency International Slovakia, a prominent civil society organisation, has characterised these changes as an “ill-considered revolution,” cautioning that they would “weaken the rule of law and the fight against corruption” and potentially enable influential individuals to evade justice.
The Council of Europe urges the Slovak Republic to conduct a comprehensive review of its expedited legislative procedures, recommending that its application be confined to strictly exceptional circumstances. All legislation enacted via this method should be subjected to public consultation.
The report also implicitly advocates for a re-evaluation of the implications of reduced sentences and shortened limitation periods for anti-corruption efforts.
The report concludes by emphasising the paramount importance of sustaining robust anti-corruption institutions and ensuring transparent, accountable legislative processes as fundamental to safeguarding the rule of law in Slovakia.
Illustration by Creatives Unite, made with Gemini. CC By 4.0
