European Commission Launches Infringement over Constitutional Amendment (2)

Brussels, 21 November (TASR) - The European Commission on Friday announced that it has initiated an infringement procedure against Slovakia over the recent amendment to the Slovak Constitution, which, according to the Commission, challenges the principles of primacy, autonomy, effectiveness and uniform application of EU law, TASR has reported. The European Commission (EC) has sent Slovakia a formal notice of possible non-compliance with its obligations and requested additional information and clarification, with Slovakia required to respond within two months. As the EC stated in its press release, the provisions added to Article 7 of the Slovak Constitution "allow Slovak authorities, including courts, to assess whether and to what extent EU law may apply in Slovakia, including rulings of the Court of Justice. This contravenes the principle of the primacy of EU law, which is a fundamental element of the EU's legal order, along with the principles of autonomy, effectiveness and uniform application of Union law". The EC raised its concerns with the Slovak authorities before the adoption of the amendments, which, however, were adopted without these concerns being addressed. Slovak Prime Minister Robert Fico (Smer-SD) mentioned the EC's plans back on 7 November when he said its objections concerned the constitutional article about Slovakia's sovereignty in matters of values and ethical issues. "We're looking forward to this conflict. I can't imagine any international organisation telling us how many genders there should be or who can and can't get married. This is purely a domestic matter and a very strong topic of national identity," Fico said two weeks ago. He's convinced that the basic treaties on the functioning of the European Union allow its member states to prioritise national law over EU law when it comes to matters of national identity. If Slovakia's reply isn't satisfactory or if no remedy is forthcoming, the EC may send a reasoned opinion to Slovakia as part of the next stage of the procedure. If the dispute still isn't resolved, the EC may refer the case to the European Court of Justice (ECJ). Subsequently, non-compliance with the measures imposed by the ECJ could lead to sanctions, while at the same affecting Slovakia's reputation within the EU, Executive Director of the Europeum Institute for European Policy Martin Vokalek told TASR, stressing, however, that the whole process may take several years. "That's why it would be in the EC's interests to engage, first of all, in a dialogue with that state in an attempt to resolve the situation without further escalation," added Vokalek, noting that most disputes are settled before a lawsuit is filed. In force since 1 November, the recent amendment to the Slovak Constitution stipulates that Slovakia recognises only the biologically determined sexes of male and female. The Constitution now also guarantees equal pay for men and women for the same work. In addition, it regulates child adoption and the educational process, with the aim of strengthening Slovakia's sovereignty in matters of values and cultural-ethical issues. The amendment was approved by Parliament on 26 September. This is the second time that Slovakia has appeared in the November infringements package, as the EC decided to launch an infringement procedure against it for not sufficiently reducing emissions of ammonia. NOTE: This story has been extended to include changes in paragraph 2 while adding paragraphs 3 and 9. jrg/df