The European Fee on Friday formally launched an infringement process towards Slovakia over constitutional reforms preserving its nationwide identification in issues equivalent to gender and household legislation. In reference of the choice, the Fee cited the amendments’ alleged violation of the elemental rules of European Union (EU) legislation.
“[These reforms] contravene the precept of the primacy of EU legislation, which is a elementary factor of the EU authorized order, along with the rules of autonomy, effectiveness, and uniform software of Union legislation. Even when a Member State amends its structure, such an train of nationwide competence can’t circumvent the necessity to adjust to elementary rules of Union legislation,” the Fee acknowledged in a press launch.
In keeping with the precept of the primacy of EU legislation, when there’s a battle between an EU legislation and a nationwide legislation of an EU member state, EU legislation will prevail. Though not enumerated in EU treaties, the EU courtroom has judicially recognised the precept in a number of circumstances, together with within the landmark circumstances of Van Gend en Loos (C-26/62) and Costa v ENEL (C-6/64).
The Fee additionally stated it has despatched a letter of formal discover in regards to the infringement process to Slovakia, which now has two months to answer the considerations. If Slovakia fails to supply a passable response, the Fee could problem a reasoned opinion and refer the matter to the competent EU courtroom.
In September, Slovakia adopted constitutional amendments permitting its home legal guidelines to take priority over EU legislation in issues regarding nationwide sovereignty, together with household and gender. Article 7 of the Structure significantly ensures the non-application of worldwide legislation, and thus empowers Slovak authorities to evaluate the extent of EU legislation software in Slovakia, together with rulings of the EU Court docket.
Different constitutional amendments embrace the prohibition of sexual training for kids with out parental consent, the popularity of solely the organic intercourse, and the limitation of adoption to married heterosexual {couples}. It additionally incorporates a assure of equal remuneration in work for women and men.
Slovak Prime Minister Robert Fico, responding to the discover, stated, “I can’t think about that any worldwide organisation ought to dictate to us what number of genders there must be and who can marry and who can’t.”
The authorized proceedings observe the Fee’s earlier pressing opinion, the place they expressed concern over a battle between EU legislation and the definitions of “nationwide identification” and “cultural and moral points” below the drafted amendments.
The proposed amendments on the time additionally drew scrutiny from Amnesty Worldwide, which urged the Slovak authorities to reject the amendments, as they might hurt the LGBTQ+ neighborhood. UN Particular Rapporteurs moreover warned that the amendments have been inconsistent with Slovakia’s worldwide human rights obligations, together with the rights to non-discrimination and sexuality training below worldwide human rights legislation.
Notably, Slovakia ranks thirty sixth out of 146 nations within the Rule of Legislation Index 2025 ready by the World Justice Challenge.
