Remarks by Commissioner McGrath at the plenary debate on the rule of law, fundamental rights, and misuse of EU funds in Slovakia

Dear Chair, Honourable Members,

Thank you for this opportunity to discuss with you today the rule of law situation in Slovakia.

The Commission monitors the rule of law situation in all Member States through a regular and dialogue-based process. The Commissions assessment of the rule of law situation in Slovakia is set out in its 2025 Rule of Law Report, as published last July.

As regards the justice system, amendments to the judges laws were adopted in September 2025, introducing changes on resource allocation, some of which were welcomed by stakeholders as addressing the efficiency of courts. These amendments also re-introduced bonuses for judges, amended the rules on evaluation of judges, and amended the disciplinary proceedings against judges, prosecutors, notaries and bailiffs, giving an increasing role to the Judicial Council.

At the same time, no progress was made on the recommendation to introduce measures that ensure that the members of the Judicial Council are subject to sufficient guarantees of independence as regards their dismissal. Also, Slovakia made limited progress on the recommendation to ensure sufficient safeguards when subjecting judges to criminal liability for their judicial decisions.

As regards the fight against corruption, the Report raised concerns regarding the implications of the 2024 criminal law reform on addressing high-level corruption, and some of the risks identified earlier appear to be materialising. For example, the closure of Slovakias specialised anti-corruption entities (the National Crime Agency [NAKA] and the Special Prosecutors Office [SPO]) resulted in delays in investigations transferred to other bodies, and in significant drops in the number of corruption cases, including those within the EPPOs competence when the EU budget is at stake. For this reason, the Commission concluded in July 2025 that no progress has been made on its recommendation to ensure effective and independent investigation and prosecution of high-level corruption cases, issued in previous Rule of Law Reports.

As regards the prevention of corruption, the Commission equally concluded that no progress was made on regulating lobbying and asset declarations. On the positive side, the Commission noted “some progress” to strengthen the legislation on conflicts of interest.

With regard to media freedom and pluralism, the Rule of Law Report found that there had been no progress on safeguarding the independent governance of public service media and no further progress on establishing legislative and other safeguards to improve the physical safety and working environment of journalists. In parallel, the Commission has launched a dialogue with Slovakia regarding its implementation of the European Media Freedom Act.

As regards checks and balances, the Report notes further pressure faced by the civil society environment. Also, no progress was made on the recommendation on ensuring effective public consultation and stakeholder involvement in the law-making process, including by avoiding excessive use of the fast-track procedure.

Let me reiterate that the Commission always privileges dialogue first, but does not hesitate to act firmly on infringements when needed. Since 2024, the Commission has engaged a dialogue with Slovakia on significant reforms where important concerns regarding compliance with EU law were raised. Some of these discussions have led to positive results. For example, the 2024 criminal law reform was, following this dialogue, brought into alignment with EUs legal framework on the protection of the Unions financial interests.

The Commission has also engaged in discussions with Slovakia ahead of the constitutional amendments, making its concerns clear. In November 2025, the Commission decided to launch infringement proceedings against Slovakia following the entry into force of the constitutional amendments. In particular, the Commission considers that the amendments to Article 7 of the Slovak Constitution raise concerns as regards the compliance of Slovakia with the principles of primacy, autonomy, effectiveness and uniform application of Union law. The Commission is currently analysing the reply of Slovakia.

The Commission has now opened infringement proceedings against Slovakia following amendments to the Whistleblowers Protection Act. We consider that these amendments breach EU law, in particular by affecting the independence of the Slovak Whistleblower Protection Office, the conditions for whistleblowers protection, confidentiality requirements and the right to an effective remedy. Slovakia has until 2 March to respond to the letter of formal notice.

As part of the annual rule of law cycle, the Commission services will hold a virtual country visit to Slovakia on 13 and 16 February. This will support the preparation of the 2026 edition of the Rule of Law Report and we are looking forward to engage in dialogue with the Slovak authorities.

Let me now turn more specifically to the topic of EU funds management in Slovakia.

Slovakia continues implementing the Recovery and Resilience plan as planned. The country has so far received 61% of its envelope. With less than one year left to bring the Recovery and Resilience Facility to a successful conclusion, it is important for Slovakia to deliver the remaining reforms and investments agreed under that Facility.

As regards the Cohesion Funds: the “Programme Slovakia” implementation has gained speed while closely following the bottlenecks to implementation. At the same time, some challenges remain in the area of the “Partnership Principle” - one of the cornerstones of the Cohesion Policy. Challenges faced by civil society organisations risks weakening their role in the implementation of EU funds, both at national and regional levels.

As regards Common Agricultural Policy funds, the Commission has applied significant financial corrections with respect to Slovakia during the past years due their management and control systems. We are also ensuring that appropriate remedial measures are put in place. The Commission continuously monitors the situation in all Member States, including Slovakia. The Commission assesses every situation individually and will act if necessary, using all the tools and instruments at its disposal.

Honourable Members, our commitment is clear: to support Slovakia in upholding the rule of law and fundamental rights, to safeguard public trust, and to protect the Unions financial interests.

I know this commitment is also widely shared in this House.

I am looking forward to our debate today.