EC Launches Infringement against Slovakia over Whistleblower Protection

Brussels, 30 January (TASR) - The European Commission (EC) announced on Friday that it has launched an infringement procedure against Slovakia in connection with the recent adoption of a law transforming the Whistleblowers Protection Office (UOO) into a new authority. The Commission views this step as contradicting the EU Whistleblower Protection Directive and the Charter of Fundamental Rights of the European Union. The law hasn't yet come into force in Slovakia, as the Constitutional Court suspended its effect before it could be introduced. UOO in its original form should have been dissolved as of 1 January 2026, but, following the Constitutional Court’s intervention in December, it continues to operate unchanged for the time being. In addition to the whistleblower agenda, the new authority is supposed to handle compensation for victims of crime, taken over from the Justice Ministry. It should also deal with reviews of protection during both criminal and administrative proceedings. Parliament approved the legislation in December. President Peter Pellegrini vetoed it and returned it to Parliament for reconsideration, but MPs broke the president's veto and re-approved the law. The opposition subsequently turned to the Constitutional Court, which accepted its motion for further proceedings in full. The opposition MPs argued that the law may be at odds with the Slovak Constitution and EU law, and they criticised how it was adopted via a fast-tracked legislative procedure. Among other things, they pointed to the shortening of the term of office of the duly elected UOO chairperson and to changes related to the granting and review of whistleblower protection. The EC has sent Slovakia a formal notice regarding a possible failure to fulfil obligations in connection with UOO, requesting additional information and explanations. Slovakia is supposed to respond within a set deadline, which is usually two months. If the EC doesn't receive a satisfactory response from Slovakia, or the issue isn't rectified, it may move to the next stage of proceedings and issue a reasoned opinion. If the dispute still remains unresolved, the Commission may bring the case before the Court of Justice of the EU. Continued failure to comply with measures arising from an EU court ruling could result in sanctions. The Commission said back in December that it was concerned about several provisions of the law on UOO's transformation into a new authority. It also expressed regret that the Slovak Parliament failed to take the opportunity to consult the law thoroughly. ko/df