UOO: Amendment on UOO Still Conflicts with Constitution and EU Law

Bratislava, 4 December (TASR) – The amendment to the government's bill transforming the Office for the Protection of Whistleblowers (UOO) has not resolved existing problems and remains in conflict with the Slovak Constitution, European Union law, case law of the European Court of Justice (ECJ) and the commitments under the Recovery Plan, UOO stated in a response provided to TASR by its press department. "The proposal to abolish the office and replace it with a new institution still stands. And this is a problem not only from the perspective of EU law, but also in light of existing ECJ case law and our commitments under the Recovery Plan," the UOO underlined. According to UOO, the European Commission, through its spokesperson, said last week that several elements of the new legislation raise serious concerns in relation to EU law. These relate mainly to the planned abolition of the existing office and the subsequent premature termination of the mandate of its head. The office also noted that, according to ECJ case law, the premature termination of the term of office of the statutory representative of a relevant institution is considered an interference with its independence. It further recalls that establishing an independent office is also a requirement under the Recovery Plan, which financed the launch of the Office for the Protection of Whistleblowers. "It therefore still stands that the new legislation will not only conflict with EU law, but Slovakia may also lose further European funding and expose itself to the risk of a fine," the UOO said, adding that the bill continues to allow for the retroactive review and cancellation of protections already granted in the past – something that contradicts both EU law and the Slovak Constitution. MPs are debating the bill on the Office for the Protection of Victims of Crime and Whistleblowers of Anti-Social Conduct in second reading under a fast-tracked procedure. It is intended to replace the UOO. The amendment, submitted in Parliament by MPs of Voice-SD, aims to align the legislation with the EU directive. The amendment would no longer enable employers to request a review of whistleblower protection. The condition that a whistleblower must be in an employment relationship with the person whose activity they reported is also to be removed. mf