Government Rejects Venice Commission Concerns Over Constitutional Amendments

Bratislava/Strasbourg, 24 September (TASR) – The Government Office rejects concerns raised by the Venice Commission over vague wording in the proposed amendments to the Slovak Constitution regarding national sovereignty and constitutional supremacy, TASR learnt from the Government Office's press department on Wednesday. According to the office, the Venice Commission confirmed that the "constitutional protection of traditional values and sovereignty" is in line with international standards and does not conflict with the Convention for the Protection of Human Rights and Fundamental Freedoms or the case law of the European Court of Human Rights. „Decisions on cultural and ethical issues fall under the exclusive competence of the national legislature, in line with self-determination and democracy. No international or supranational body has democratic legitimacy to make decisions on cultural and ethical matters. The term 'national identity' is a European concept derived from Article 4 of the Treaty on European Union and does not pose a risk to legal certainty or international obligations," the Government Office stated. It also welcomed open communication with the Venice Commission and maintained that the proposed amendment is the result of a standard legislative process, with ample opportunity for public discussion, including the involvement of non-governmental organisations. „In total, the public and NGOs submitted 72 out of 117 comments, which represents the majority of all comments received," the office added. The Government Office stressed the proposal’s compliance with international standards in the fields of family law and education. „As noted by the Venice Commission, a ban on surrogacy is not in conflict with European human rights standards. As for adoption and education, the European Court of Human Rights has not yet ruled on any case raising objections against decisions made by Slovak authorities in these areas," the office explained. On the issue of gender identity, it stated that the amendment is based on a biological understanding of sex, which is anchored in Slovak law and does not contradict the case law of the European Court of Human Rights. It also noted that the Venice Commission had welcomed the inclusion of the principle of equal pay for men and women. „The Government Office is convinced that the proposed constitutional amendment strengthens the protection of traditional values and national identity without conflicting with international obligations," it reiterated. On Wednesday, the Venice Commission warned that the government’s constitutional amendment draft, which is scheduled to be voted on in Parliament on Thursday (25 September), contains vague and general wording that presents a risk of arbitrary interpretation and application. It issued four recommendations to Slovakia to prevent such risks, including clarification of terms such as "national identity" and "cultural and ethical issues," and a requirement in law that adoption decisions be guided solely by the best interests of the child and the principle of non-discrimination. mf