Brussels: The European Commission initiated infringement proceedings against Slovakia due to a constitutional amendment that reportedly undermines the primacy and uniform application of EU law. The EU's executive branch issued a formal notice to the Slovak government, seeking clarity on new provisions added to Article 7 of the Constitution, which Bratislava must respond to within two months.
According to Anadolu Agency, the European Commission criticized the amendment for allowing Slovak authorities, including courts, to determine the applicability of Union law and rulings of the Court of Justice within Slovakia. This move follows prior communications from the Commission warning against the amendment's potential impact, which were disregarded by Slovak officials.
Slovak Prime Minister Robert Fico had anticipated the European Commission's action, defending the amendment as a means of reinforcing Slovakia's sovereignty over 'values and ethics.' Fico expressed skepticism about international organizations dictating domestic issues like gender identity and marriage.
Should Slovakia fail to provide a satisfactory response or amend the legislation, the European Commission may escalate the issue by issuing a reasoned opinion and potentially referring the case to the Court of Justice of the EU. Non-compliance could result in financial penalties. However, Martin Vokalek of the Institute for European Policy Europeum noted that such legal processes often take years, emphasizing the Commission's preference for dialogue to prevent further conflict.
The amendment, effective from November 1, specifies only two biologically determined sexes and enshrines equal pay for men and women, alongside provisions on adoption and education, as part of Slovakia's asserted sovereignty over cultural and ethical matters.
In addition to this constitutional dispute, the European Commission has launched a separate infringement procedure against Slovakia for insufficient efforts in reducing ammonia emissions, which significantly contribute to air pollution.