Under the guise of transparency, Slovakia’s government proposes sweeping restrictions on civil society organisations, labeling advocacy NGOs as lobbyists, imposing draconian penalties, and eroding democratic freedoms. With slim chances of EU approval, the legislation still signals Fico’s government’s relentless push to marginalize civil society and consolidate control, aligning with troubling authoritarian trends.
This effort is further underscored by the government’s strong authoritarian stance, with Prime Minister Robert Fico and his party members frequently echoing Kremlin propaganda. These narratives are not only present in Fico’s domestic rhetoric but also reflected in the conduct of his party’s representatives in the European Parliament, who similarly advance Kremlin-aligned viewpoints. This connection between domestic authoritarianism and external alignment with Moscow’s strategies highlights a broader attempt to undermine democratic norms both within Slovakia and in its position on the European stage.
Sweeping legislation targets NGOs as lobbyists, imposing harsh sanctions and raising significant EU law compliance issues.
The Slovak government is advancing a controversial legislative proposal to tighten restrictions on non-governmental organizations (NGOs) involved in political advocacy. Ostensibly framed as a transparency measure, the proposed law raises serious concerns over its impact on democratic freedoms and alignment with European Union (EU) legal standards. Critics argue that the legislation represents a direct attack on civil society and public participation aiming to stifle dissent and diminish the role of NGOs in public life.
Key Provisions of the Proposed Legislation
The draft law introduces several measures targeting NGOs that receive over €35,000 annually and are involved in activities intended to influence public officials or policies:
Mandatory Lobbyist Registration: Such NGOs would be required to register as lobbyists and indicate this status in all communications with state authorities.
Disclosure Requirements: NGOs must disclose meetings with public officials quarterly, providing details such as participants, topics discussed, and any financial transactions.
Severe Sanctions for Non-Compliance: Failure to comply could result in substantial fines and potential dissolution of the NGO after repeated infractions.
Exemptions: Charitable organizations focusing on social services, animal welfare, and non-political activities are exempt from these regulations.
Preliminary Legal Analysis: A Proposal Deeply At Odds with EU Standards
The assessment suggests only a remote possibility of the European Commission endorsing the law as it stands, given its severe misalignment with EU democratic principles
1. Violations of Fundamental Freedoms
The EU Charter of Fundamental Rights guarantees freedom of association and expression. The proposed requirements, including burdensome financial disclosures and mandatory registration as lobbyists, risk creating a chilling effect that could deter NGOs from engaging in legitimate advocacy.
2. Lack of Proportionality
The law’s severe sanctions, including the dissolution of NGOs for administrative infractions, exceed the proportionality principle under EU law, which mandates that restrictions on rights be necessary and measured.
3. Selective and Discriminatory Application
Exempting certain NGOs while targeting advocacy groups creates unjustifiable discrimination, violating EU principles of equality and non-discrimination.
4. Restrictions on Foreign Funding
Although not explicitly included in the current proposal, intentions to limit foreign funding mirror measures previously struck down by the Court of Justice of the European Union (CJEU), such as Hungary’s restrictive NGO law.
5. Erosion of Democratic Participation
Labeling NGOs as lobbyists stigmatizes their work and discourages legitimate participation in public policy debates. This undermines civil society’s crucial role in holding governments accountable and promoting democratic governance.
The legislation’s alignment with authoritarian tactics observed in Hungary and Russia raises further alarm, with the analysis predicting potential infringement proceedings by the European Commission if the law is enacted in its current form. Precedents, such as the CJEU’s ruling against Hungary’s NGO restrictions, indicate that Slovakia could face significant legal challenges for violating fundamental EU norms.
Proponents’ Justifications Met with Criticism
The legislation’s proponents claim it addresses lobbying transparency and undue influence by politically active NGOs. However, these assertions are widely criticized as disingenuous. Lawmakers from the government party argue that the law will expose covert political activities. Yet, critics highlight the government’s overt hostility toward independent organizations as a tactic to silence critical voices and consolidate power.
NGOs Warn of Risks to Democratic Participation
The proposal has sparked condemnation from Slovakia’s leading NGOs, who view it as an authoritarian assault on civil society.
Zuzana Petková, director of the Stop Corruption Foundation (Nadácia Zastavme korupciu), lambasted the legislation, accusing the government of singling out her organization. “We’ll be branded as lobbyists and threatened with draconian fines or dissolution,” she stated. Petková emphasized the law’s punitive nature, dismissing claims that it fosters transparency. “This is about silencing critical voices, not promoting accountability.”
Katarína Batková, director of Via Iuris, decried the narrative that NGOs lack the right to engage in politics. She emphasized that NGOs are a vital expression of constitutional freedoms, enabling citizens to participate in governance between elections. “In a democratic society, it’s entirely appropriate for NGOs to influence political decisions,” Batková asserted. She warned that the legislation is an affront to Slovakia’s constitutional framework and EU commitments.
Slim Chances of EU Approval Will Unlikely Stop Push for Anti-Democratic Restrictions
The proposed legislation reflects a clear intent to suppress civil society under the pretext of transparency, aligning Slovakia with regressive trends seen in Hungary and Russia. The law’s provisions are riddled with incompatibilities with EU legal standards, including violations of fundamental rights, disproportionate sanctions, discriminatory application, and potential restrictions on foreign funding. The analysis concludes that, in its current form, the proposal is unlikely to withstand scrutiny at the European level.
While it is not up to EU legal standards, it is highly likely that the proponents will attempt to revise the legislation to make it superficially compatible while still limiting public participation by these organizations. Like all authoritarian-leaning political movements, the government seeks interpretational sovereignty—the ability to reinterpret and reframe international norms to align with its restrictive policies. This approach allows such governments to claim legitimacy while undermining the principles of transparency, accountability, and inclusivity that these norms are intended to uphold.
Unless substantially amended, the legislation represents a grave threat to civil society, transparency, and the democratic process in Slovakia. The determination to push this proposal forward—despite its apparent incompatibility with EU principles—signals a troubling effort to restrict public participation and consolidate control, aligning with broader authoritarian trends of the current Slovak government. Without meaningful revision, the law threatens to undermine Slovakia’s commitment to democratic values and its standing within the European Union.
Read more: How Slovakia’s Anti-NGO Law Seeks to Silence Civil Society
Author: Victor Breiner | Slovak Media Monitor
