Late last month, the Slovak parliament approved a constitutional amendment that has drawn ire — and possible legal action — from Brussels.
The new provision states that the interests of the Slovak nation take precedence over EU interests in cultural and ethical matters, officially recognizes only the two genders of male and female, restricts the right of same-sex couples to adopt children, and prohibits surrogacy.
As Remix News reported at the time, the text of the amendment states that the new rules are intended to protect “traditional values” and Slovakia’s “sovereignty in cultural and ethical matters.”
It also ensures that EU law cannot override issues related to such matters, as lawmakers effectively ignored warnings from Brussels not to follow through with the amendment.
Former Slovak President Ján Mazákhas charged that the European Commission has ample legal grounds to launch an infringement procedure under Article 258 of the EU Treaty, based on the current government’s constitutional amendment that gives it far more sovereignty over certain decisions, i.e., away from Brussels.
“If we had had such documents when negotiating our EU accession application, the EU would have slammed the door on us without a word,” he told press, as cited by Mandiner.
The European Commission has already expressed “regret” that the Slovak parliament has ignored its concerns about the primacy of EU law, a fundamental principle of the EU legal order. EU Justice Commissioner Michael McGrath said of the amendments that the primacy of EU law “is not a basis for negotiation.”
Article 258 allows Brussels to initiate formal proceedings against a country that may be in breach of EU rules and require the member state to comply with the rules or impose sanctions.
Slovakia’s move is even more vexing to Brussels, as the European Commission just presented its new LGBTQ+ agenda: protect LGBTQ people against discrimination and violence; strengthen their social and economic situation; and enter into partnerships with member states, civil society organizations, and international partners to achieve these ends.
All of it raises concerns about significant overreach that potentially threatens freedom of speech in EU member states.
For example, the proposal underlines the need to support LGBTQ-inclusive schools and healthcare institutions, as well as standardize the legal regulation of hate crimes and online hate speech across the EU. It would also oblige all member states to recognize the rights of “rainbow families” and establish a memorial for the victims of “LGBTQ persecution” in Europe.
