Constitutional Court Turns Down NGO Law as Unconstitutional

Kosice/Bratislava, 17 December (TASR) – The amendment to the legislation on non-profit organisations providing generally beneficial services is not in line with the Slovak Constitution and the European Convention on Human Rights, the Constitutional Court ruled at a closed-door session on Wednesday. The amendment was challenged by a group of opposition members of Parliament, as well as Public Ombudsman Robert Dobrovodsky. According to the Constitutional Court, the amendment contradicts constitutional articles concerning fundamental human rights and freedoms, as well as political rights. The court also ruled that provisions of the Foundations Act regarding information disclosure are unconstitutional. The amendment to the non-profit legislation came into effect in June this year. Among other requirements, it obliged NGOs to draft transparency reports and provide information on the use of public funds. The Constitutional Court accepted the MPs' submission for further proceedings in May, but did not grant their request to suspend the amendment's effect. According to the Progressive Slovakia (PS) party, the amendment threatens basic democratic principles and human rights. The ombudsman stated that some parts of the law violate the principle of freedom, hinder civil society participation in public life, and introduce disproportionate state interventions allowing the "monitoring" of non-governmental organisations. Judge Milos Madar attached a dissenting opinion concerning the verdict and its reasoning, while judge Ivan Fiačan attached a dissenting opinion regarding the reasoning. mf