The Slovak government has endorsed a legislative proposal that, according to legal expert Tomáš Kamenec, prioritises political interests over judicial fairness. Kamenec critiques the proposal for its impractical timeline and potential conflicts with Slovak and EU laws, raising broader concerns about the state of the rule of law in Slovakia.
In a pointed critique of recent legislative developments, Tomáš Kamenec calls attention to what he describes as a problematic new legislative proposal, recently approved by the Slovak government. According to Kamenec, the measure lacks professionalism and is rife with conflicts not only with existing national legal standards but also with EU law. He asserts that the legislation, rather than upholding public interest, serves the private aims of its proponents and their political allies.
Key areas of concern include a stipulated requirement for courts to resolve primary cases within 30 days—a timeframe which, Kamenec argues, undermines the procedural rights guaranteed by Slovakia’s Civil Procedure Code (CSP). This mandate, he suggests, would disadvantage citizens with pressing judicial matters, such as cases related to childcare, compensation claims, and employment disputes, prioritising instead cases tied to political influence over the media. Kamenec warns that this change risks exacerbating judicial backlogs, straining the courts’ ability to deliver justice in an equitable and timely manner.
Kamenec also raises questions about whether the government will adopt any modifications suggested during the Inter-ministerial Comment Procedure (MPK), or if the Minister of Justice may soon face the challenging task of defending the bill’s legally contentious provisions in court. His remarks reflect broader concerns about the legislative process being influenced by political agendas, potentially compromising both the rule of law and judicial equality in Slovakia.
Original Text (Translated):
“Another legislative gem from the MPs 👻. It has it all: amateurish handling, conflict with other legal regulations and Constitutional Court findings, and primarily serves the private interests of the proposers and their political ‘friends.’ It includes an indirect amendment to the Civil Procedure Code and seeks to push through court rulings within 30 days on primary issues 🤦♂️🤪, even clashing with EU law.
Now, this toxic mix and legislative ‘masterpiece’ has been approved by the government 🤯.
I’m curious to see if the government will also consider adopting the comments submitted in the Inter-ministerial Comment Procedure (MPK). If not, will the Minister of Justice end up explaining in court how to resolve a case on the merits within 30 days, even though, under the CSP and the right to a fair process, it simply isn’t feasible? Or will the Prime Minister explain to people whose real issues (such as child care, compensation claims, employment disputes, and many others) linger in court for years that politicians need to tackle media cases in 30 days? Well, coalition interest is sacred and even surpasses equality before the law. I am glad that, finally, we are addressing the country’s real problems 💪!
Can politicians in this country truly dismantle the rule of law, piece by piece?”
Author: Tomáš Kamenec | LinkedIn
