Slovakia is threatened with EU proceedings: Why Fico wants to get rid of the special investigators

IIn the Slovakian parliament, the debate began on Monday about changes to criminal law, which the new government under Prime Minister Robert Fico wants to pass quickly. The amendment is highly controversial. Not only the opposition in Pressburg (Bratislava), but also European institutions such as the European Public Prosecutor's Office fear that this will make corruption crimes in particular more difficult to prosecute by the judiciary.

Among other things, it is planned to abolish the special prosecutor's office, which has been responsible for serious economic crime and the fight against corruption for 20 years. The penalty range for corresponding offenses should also be reduced and the statute of limitations shortened. Fico justified his plans with alleged human rights violations and “atrocities” by the judicial authority.

For Fico, the abolition of the Special Prosecutor's Office (ÚSP) was one of the most urgent tasks when he formed a three-party coalition after the autumn election. Officials in the investigative unit had, among other things, investigated cases from the long-time Prime Minister's previous government periods. In 2018, Fico had to resign from office in the wake of the scandal surrounding the murder of journalist Ján Kuciak. Among others, Fico's former Interior Minister Robert Kaliňák was temporarily taken into custody for abuse of office and conspiracy.

Major rallies in the capital

Kaliňák has now returned to the cabinet as defense minister. Dozens of other cases have already seen the indictments and convictions of people who previously served in senior positions under Fico, including a former head of the ÚSP. Former police chief Tibor Gašpar is also awaiting trial. Regardless, he entered parliament on the list of Fico's left-wing nationalist party Smer-SD.

In order to get the criminal law changes through parliament as quickly as possible, Fico's coalition has initiated a shortened procedure that is actually intended for emergencies. The opposition is trying to delay the decision by making many requests to speak. A veto by President Zuzana Čaputová is also expected, although this could be overruled by a simple parliamentary resolution.

Critics of Fico have also mobilized demonstrations in which thousands took part late last year; the next ones have been announced across the country for this Thursday evening. Opposition leader Michal Šimečka, chairman of the Progressive Slovakia (PS) party, said on Monday that they would continue to fight for democracy. About the government, he said: “They are not interested in the development of Slovakia, in better schools or in better health care, but only in impunity, revenge and maximum concentration of power.”

The Fico government has also tried to replace management staff elsewhere in the civil service as quickly as possible. The coalition introduced a bill to transfer the authority to appoint and dismiss high-ranking officials from the head of state to the government. Specifically, the first issue is the management of the statistics office and the authority that monitors the health insurance system. President Čaputová has already lodged her (postponing) veto against this law, citing the legally required independence of the offices.

Fico ally could become president

The liberal president will leave office in mid-June. The first round of the presidential elections, in which she does not want to run again for personal reasons, is scheduled for March 23rd. This was announced on Monday by Parliament President Peter Pellegrini, who himself wants to run for the office of head of state. He leads Fico's main coalition partner Hlas-SD, a split from Smer-SD.

The change in criminal law also threatens Slovakia with a conflict with the European institutions, which could lead to rule of law proceedings, as has already been initiated against Hungary and Poland. The European Public Prosecutor's Office issued a statement to the European Commission in December after analyzing the draft law. It referred to “serious risks” to the EU’s financial interests that could justify such a procedure. EU Justice Commissioner Didier Reynders said he would not hesitate to intervene if Slovakia violates the rule of law. Fico replied that criminal law reform had nothing to do with the EU.

According to the government, the Special Prosecutor's Office ÚSP made unprofessional and illegal decisions. Reference is made to some cases in which the Constitutional Court rejected proceedings by the elite law enforcement unit. The authority rejected the allegations: The rejections were about procedural issues and deadlines, and in no case was it determined that the prosecution was unjustified. The head of the ÚSP, Daniel Lipšic, said the success rate of the charges in court was more than 93 percent.