Commission Report 2002 (Slovakia)

Introduction

In its 1997 Opinion on Slovakia's application for EU membership, the Commission concluded:

``The position of Slovakia raises a number of problems from the point of view of the conditions set by the Copenhagen European Council.

Two of the main features of the way institutions in Slovakia operate are that the government pays insufficient respect to the powers devolved by the Constitution to other bodies and too frequently disregards the rights of the Opposition. The constant tension between the government and the President of the Republic is one example of this situation. Similarly, the way in which the government recently ignored decisions by the Constitutional Court and the central referendum committee on the voting which took place on 23 and 24 May 1997 directly threatens the stability of the institutions. The frequent refusal to involve the opposition in the operation of the institutions, particularly where Parliamentary scrutiny is concerned, underlines this trend.

Against this background, the use made by the government of the police and the secret services gives cause for concern and substantial efforts will have to be made to provide better guarantees of the independence of the judicial system and of satisfactory conditions for its operation. The fight against corruption also needs to be made more effective.

Improvement is also required in the treatment of the Hungarian minority, which still does not benefit from the general law on the use of minority languages which the Slovak authorities have undertaken to introduce and for which there is provision in the Constitution. The position of the Roma (gypsies) also requires attention from the authorities.

In view of the points set out above, while the institutional framework defined by the Slovak Constitution corresponds to that of a parliamentary democracy with free and fair elections, the situation with regard to the stability of the institutions and their integration into political life is unsatisfactory. Despite recommendations made by the European Union on the occasion of a number of approaches and statements, there has been no appreciable improvement''.

In 1999, the Commission's Regular Report concluded that:

``Thanks to the changes introduced since September 1998, Slovakia now fulfils the Copenhagen political criteria. The independence of the judiciary has improved de facto but needs to be consolidated de jure, notably through an amendment to the constitution eliminating the probation period for judges and modifying the nomination and removal procedures.

Continued efforts are still needed to sustain the stable functioning of the democratic institutions, step up the fight against crime and corruption and to protect minority rights. Particular attention should be paid to improving the situation of the Roma and to fight discriminatory attitudes in society''.

In its 2001 Regular Report, the Commission found that:

``In its 1999 Regular Report, the Commission concluded that Slovakia fulfilled the political criteria. Since that time, the country has made considerable progress in further consolidating and deepening the stability of its institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. Over the past year, further efforts have been made in this direction. Slovakia continues to fulfil the Copenhagen political criteria.

Significant progress was achieved with regard to the structure and functioning of the administration. The legal framework for the decentralisation of public administration was adopted, and so was the civil service law. Due implementation of the legislation is now required to ensure that the public administration adequately fulfils the key role it has to play in a functioning democracy based on the rule of law and in support of the accession process.

Important steps were taken to strengthen the independence of the judiciary. In particular, the constitutional amendment abolished the four-year probationary period for judges and provided for setting up a Judicial Council. This amendment now needs to be implemented by primary legislation and at a practical level to guarantee the judiciary's professional impartiality and political neutrality.

Further progress can be noticed in the fight against corruption, notably in translating and implementing the government policy into concrete actions and transposing international obligations. Corruption, however, remains a serious cause for concern. In order to continue improving the fight against corruption Slovakia should rigorously carry on the implementation of the action plans, strictly enforce existing legislation and complete planned legislation as well as strengthen administrative capacities and co-ordination among the bodies involved.

The constitutional reform also created the basis for the strengthening of Slovakia's institutional structure in the field of human rights. However, there is a need to address police behavior, notably with regard to reported cases of ill-treatment. Significant efforts in further developing and putting into practice approaches to protect minority rights were taken in the reference period, notably in implementing relevant Government strategies. Positive steps were achieved towards enhancing the use and protection of minority languages. As regards the Roma minority, the implementation of the Roma strategy, adopted subsequently in 1999 and 2000, should be further enhanced and the appropriate financial means at national and local level should be made available. In this context it will be important to improve efforts to fight against widespread discrimination.

The short term priorities of the 1999 Accession Partnership related to the modernisation and decentralisation of the public administration were fulfilled. Important steps were taken in strengthening the independence of the judiciary, which constituted a short term priority, as well. Despite further positive measures, tangible improvement of the situation of the Roma minority, another short term priority, was achieved only to a limited extent. So were the medium term priorities for the political criteria of the 1999 Accession Partnership, calling for continued implementation of minority language legislation and strengthening policies and budgetary means towards the Roma minority''.

The section below provides an assessment of developments in Slovakia, seen from the perspective of the Copenhagen political criteria, including the overall functioning of the country's executive and its judicial system. Such developments are in many ways closely linked to developments regarding Slovakia's ability to implement the acquis, in particular in the domain of justice and home affairs. Specific information on the development of Slovakia's ability to implement the acquis in the field of justice and home affairs can be found in the relevant section (Chapter 24 - co-Operation in the field of justice and home affairs) of part B.3.1. of this Report.

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