Commission Report 2002 (Slovakia)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 24: co-operation in the fields of justice and home affairs

Progress since the last Regular Report

Since the 2001 Regular Report, further progress has been made in this area, particularly in the fields of data protection, visas, border control, migration, asylum and police co-operation.

Slovakia has made substantial progress in further aligning its legal framework as concerns data protection (see also Chapter 3 - Free movement of services). In September 2002 a new Act on Protection of Personal Data entered into force. The Chairman of the Office for the Protection of Personal Data, who heads the supervisory authority, will be elected by the Parliament upon a proposal of the Government. In addition, the position and independence of the supervisory authority will be further strengthened and its financial independence ensured. Since December 2001, the information databases of the Police are also subject to supervision by the Chairman of the Office for the Protection of Personal Data. Control of the information systems of the Army, Warden Court Force, Customs Administration, and Railway Police is the responsibility of the Commissioner for the Protection of Personal Data. Slovakia also signed the additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding Supervisory Authorities and Transborder Data Flows in November 2001.

Slovakia has made good progress in aligning its visa policy with that of the EU. The new Act on the Stay of Foreigners, which entered into force in April 2002, specifies the type of visas which may be issued (short term, long-term, transit and airport transit visas) as well as the procedures for their issuance. Consular Instructions, which are intended to ensure alignment with the Common Consular Instructions, entered into force in June 2002. Slovakia has almost completed alignment with the Regulation on visa requirements for countries which are under visa obligation, except for Cuba, South-Africa and the Seychelles, for which the visa obligation will be introduced six months before accession at the latest. Slovakia needs to complete alignment as regards countries which are exempt from the EU visa obligation. It still needs to sign agreements on abolition of visa requirements with 16 countries and 2 Special Administrative Regions as well as to amend valid agreements with Malaysia and Italy. As regards administrative capacity, a central visa authority, which is part of the Border and Aliens Police Force, was established in February 2002. In addition, in order to complete the on-line system for issuing visas and the central visa register, a number of new on-line connections were established in April 2002. A new visa sticker was also introduced in April 2002, in order to meet EU security standards.

With regard to external border control, the Government has undertaken several administrative and legal measures to reinforce external border controls. In 2001, the border and Alien Police departments were reorganised into a coherent structure with a vertical management through a central office, i.e. the Border and Aliens Police Office. Since January 2002, the Border and Aliens Police Authority has been established as an independent budgetary organisation and as of July 2002, the departments of Aliens Police at the border crossings and the Border departments have been merged. However, the existing quota of civilian employees is not yet sufficient to handle the administrative tasks arising from being an independent budgetary organisation. The border crossing points on the border with Ukraine have been improved from the point of view of infrastructure, although efforts must be continued.

Slovakia is making progress in aligning it with the Schengen/EU requirements. The Schengen Action Plan has been updated and progress has been made in its implementation. In June 2002, the Government approved the Report on fulfilling the measures defined in the Schengen Action Plan. Slovakia has started to withdraw conscripts engaged in border surveillance tasks and has decided to phase out the use of conscripts in border surveillance tasks by January 2003, while simultaneously strengthening the allocation of permanent staff to the Border and Aliens Police. Slovakia has taken measures to upgrade and enhance technical equipment at all its borders.

As regards migration, the new Act on the Stay of Foreigners entered into force in April 2002. The new Act deals with all aspects related to the entry and stay of third country nationals, issuing of residence permits, rights and obligations of third country nationals and illegal immigration. It largely aligns the Slovak legislation with the acquis on migration, and reduces the wide room for discretionary power of the Border and Aliens Police, a structural weakness, which created a climate conducive to corruption. To improve the fight against illegal immigration, Slovakia established a National Unit to Combat Illegal Migration in April 2002. This is a central service with analytical and operational tasks, which should increase the capacity of the country to prevent and detect illegal immigration and cross-border crimes. However, Slovakia continues to face serious problems with regard to illegal immigration. Recent trends show that the number of illegal immigrants apprehended at the borders with Austria and Hungary increased in 2001. Readmission agreements were signed between Slovakia and Luxembourg, Belgium and the Netherlands in February 2002, with Austria in June 2002, with the Czech Republic in July 2002 and with Hungary in September 2002.

Significant progress was achieved by Slovakia with the adoption of the new Act on Asylum in June 2002, which will enter into force in January 2003. The new Act lays down new rules on the principle of non-refoulement, regulates in detail the procedure for granting asylum and contains new definitions as regards the safe-third-country concept. In particular, the new Act covers the establishment of an independent review authority to reconsider negative decisions taken at first instance. As regards implementing capacity, the number of officers at the Migration Office is still insufficient to cope with the increased number of cases. In 2001, a sharp increase (423%) in the number of applications (8 151) was observed in comparison to 2000. The Migration Office issued 5 395 first instance decisions, 18 of which granted refugee status, and 130 denied refugee status, and in 5 247 cases the procedure was terminated because the applicant had left the country. A new refugee reception centre with a capacity of 140 people was opened at Rohovce in the western part of the Slovak Republic in October 2001.

In the field of police co-operation and the fight against organised crime, Slovakia has continued to make good progress in aligning its legislation. In June 2002, the Slovak Parliament adopted an amendment to the Code of Criminal Procedure, which contains provisions to simplify the pre-trial procedure, remove the overlap between the functions of the police authorities and the investigators and strengthen the role of the prosecutor in criminal proceedings. The Parliament adopted a new Police Act in October 2001, which amends the Act on Police Forces of 1993. In November 2001, Slovakia signed the additional Protocols to the 2000 UN Convention against Transnational Organised Crime (Palermo Convention) on trafficking in persons and smuggling of migrants. In August 2002, Slovakia signed the additional Protocol on firearms.

Furthermore, the amendment to the Criminal Code, entering into force in September 2002, has introduced terrorism as a new criminal offence.

As regards the fight against fraud and corruption (see Section B.1.1- Democracy and the rule of law) the Slovak Parliament has adopted amendments to the Criminal Code, which will enable Slovakia to implement the 1995 Convention on the Protection of the European Communities' Financial Interests and its two Protocols. The amendments were adopted in June 2002 and are to enter into force in September 2002. The Slovak Parliament also adopted amendments to the Civil Code in August 2002 which will enable the ratification of the Civil Law Convention on Corruption. These amendments are to enter into force in January 2003. The Slovak Government has indicated that it will ratify the Civil Law Convention on Corruption by the date of the entry into force of the amendments.

The Government has continued to implement the National Programme of the Fight against Drugs, which covers the period 1999-2003, with projections up to 2008. It is a comprehensive programme, which ranges from prevention, treatment and re-socialization to drug supply reduction and law enforcement. In May 2002 the Government approved a proposal for compliance with institutional and financial requirements for Slovakia's participation in the European Monitoring Centre for Drugs and Drug Addition (EMCDDA) and established a section for inter-ministerial co-ordination on drug issues. It established the National Monitoring Centre for Drugs as the Central Node of the Drug Information System in the European Network on Drugs and Drug Addiction (Reitox).

As regards the fight against money laundering (see also Chapter 4 - Free movement of capital), Slovakia has achieved good progress in this field by introducing measures to combat money laundering and to abolish anonymous passbooks and accounts. A new law, which entered into force in September 2002, requires the abolition of accounts that are presently anonymous from January 2004 with a prescription time of until January 2007.

In the field of customs co-operation, Slovakia has signed 3 Memoranda of Understanding between the customs administration and business organizations to combat drug trafficking. In addition, the investigative powers of customs officers were enhanced in June 2002 with the approval by the Parliament of an amendment to the Code of Criminal Procedure.

With regard to judicial co-operation in criminal and civil matters, Slovakia has made further progress in the field of criminal matters, with the adoption of the amendment to the Code of Criminal Procedure. Indeed it contains also new provisions on international legal assistance, completing alignment with the acquis in the field of judicial co-operation in criminal matters. The amendment is to come into effect in October 2002. On civil matters, the following conventions became binding for the Slovak Republic in the reporting period: Convention on Protection of Children and co-operation in Respect of Inter-Country Adoption; European Convention on the Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (1980); Convention Abolishing the Requirement for Legalisation of Foreign Public Documents (1961); Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and co-operation in respect of Parental Responsibility and Measures for the Protection of Children (1996).

Overall assessment

As regards data protection, Slovakia has now achieved a good degree of alignment with the adoption of the new Act on Protection of Personal Data. The proper implementation of the Act on Protection of Personal Data must be ensured, in particular as regards the provisions, which relate to the strengthening of the independence of the supervisory authority. An appropriate level of staffing and means must be provided for the Office for the Protection of Personal Data. The entry into force of the amendment to the Police Act constitutes also a further progress in this field.

Concerning visa policy, adequate implementation of the Act on the Stay of Foreigners must be ensured. Slovakia should also continue to implement the plan for alignment with the Regulation on visa requirements, in particular as regards harmonisation with the EU visa-free travel lists. In addition, Slovak travel documents do not yet fulfil EU security standards. Furthermore, Slovakia should equip all its consular and diplomatic missions abroad with the full range of equipment necessary to detect false and falsified documents.

Although Slovakia has taken a number of measures to reinforce external border control, it should continue to strengthen border control management and improve capacity to control external borders, especially by giving priority to the border with Ukraine. In particular, Slovakia should fully implement its plans to phase out the use of conscripts at all its borders by 1 January 2003. Further training for border guards should also be ensured. In addition, co-operation with neighbouring states should be enhanced. Slovakia should intensify efforts to achieve a more effective co-operation in the control of the common borders with Poland, Hungary and Ukraine. Slovakia should also revise its two bilateral agreements with the Czech Republic, which are not yet in conformity with the acquis.

Implementation of the Schengen action plan continues. However, the successful implementation of this plan hinges on the above issues being effectively addressed. In particular, Slovakia should also strengthen the technical equipment available at all its borders.

As regards migration, the entry into force of the new Act on the Stay of Foreigners is a positive step. However, some amendments should still be adopted to complete alignment with the acquis, namely on long-term residents, expulsions and access to employment. A new standard travel document should also be adopted. The establishment of a National Unit for the Fight against Illegal Migration and the signature of re-admission agreements with the Benelux countries, Austria, the Czech Republic and Hungary constitute positive developments. Further efforts should still be made, in particular to strengthen the administrative capacity to fight against illegal migration.

The recent adoption of the new Act on Asylum is an important step forward towards bringing Slovakia's legislation in line with the acquis. Slovakia needs to ensure the effective implementation of the new law, in particular the principle of non-refoulement and to considerably improve administrative capacity, especially as regards the processing of asylum claims and reception conditions. Slovakia should also ensure implementation of the provisions of the new law which refer to the regional courts as independent review authorities. Full alignment with EURODAC should also be ensured.

In the field of police co-operation and the fight against organised crime, the adopted amendment to the Code of Criminal Procedure and the new Police Act represent very significant progress. The appropriate implementation of these provisions should simplify the pre-trial procedure and eliminate functional overlaps between police bodies and police investigators. However, Slovakia should continue to take specific measures to fight against organised crime, including trafficking in human beings and drug trafficking, and to strengthen administrative capacities. Statistical instruments for measuring crime rates should be improved, while new methods of technical crime investigation, including development of forensic investigation should be further developed. The 2000 UN Convention against transnational organised crime and its three protocols and the Council of Europe Convention on Computer Crime have not yet been ratified. Furthermore, the new provisions adopted in the field of data protection constitute important requirements for the conclusion of a co-operation agreement with Europol.

Regarding the fight against fraud and corruption, there has been some progress with the adoption of the relevant amendments to the Criminal Code and to the Civil Code. However, efficiency in combating economic crime and corruption needs to be improved through effective co-operation between enforcement agencies, qualified staff and adequate training. Slovakia should ensure the necessary enhancement of its implementation capacity to effectively address the prevention of and the fight against corruption. Particular attention should be devoted to prevention of corruption in the judiciary as well as in the services dealing with customs and external borders. Slovakia should also pay more attention to the fact that the prevention through transparency and accountability standards is as important as repressive tools.

Relevant institutions for the fight against drugs have been established. However effective implementation remains problematic. Institutional capacity and in particular inter-institutional co-operation among law enforcement bodies should be improved, and measures to reinforce staffing and equipment should be implemented. Appropriate monitoring, preventive programmes and nation-wide coverage needs to be ensured.

As regards money laundering, the Slovak Republic is well advanced on the way to being able to comply with the acquis upon accession in this key area. Nevertheless close monitoring and continuous efforts are needed particularly in terms of practical implementation of the legislation adopted.

Slovakia has achieved a high level of compatibility in its alignment with the acquis in the field of customs co-operation. As regards administrative and operational capacity, Slovakia should continue to install and implement customs-related information technology applications, to improve the effective development of a risk analysis system and to ensure the appropriate implementation of all the measures envisaged in the National Action Plan on the Fight against Corruption in the Customs administration. Furthermore, Slovakia still needs to ensure full comparability with the 1995 Convention on the Use of Information Technology for Customs Purposes and to put in place a risk assessment system.

As far as judicial co-operation in criminal and civil matters is concerned, Slovakia has made further progress in the field. The 1980 Convention on International Access to Justice has not yet been signed. Slovakia should take further measures to ensure implementation of the Community instruments in the area of judicial co-operation in civil matters, notably as regards mutual recognition and enforcement of judicial decisions. Direct contacts between competent judicial authorities should be made possible.

All human rights instruments, which are part of the justice and home affairs acquis have been ratified by Slovakia.

Conclusion

In its 1997 Opinion, the Commission concluded that Slovakia appeared to have the administrative capacity and infrastructure to meet the justice and home affairs acquis (present and future) in the medium term, but that it would have to demonstrate its commitment to introduce the necessary reforms, notably in the development of visa policy toward the Newly Independent States, border management and migration control, extradition and combating organised crime and corruption.

Since the Opinion, significant progress has been made in terms of legal alignment, in particular over the last two years. Overall, Slovakia is to a significant extent aligned with the acquis and administrative structures are generally in place but need to be further strengthened.

Negotiations on this chapter have been provisionally closed. Slovakia has not requested any transitional arrangements in this area. Slovakia is generally meeting the commitments it made in the accession negotiations in this field.

In order to complete preparations for membership, Slovakia's efforts now need to focus on completing legislative alignment (visa, migration, judicial co-operation), and in particular on further reinforcing the administrative capacity in order to strengthen border control management, the fight against illegal immigration and organised crime, including trafficking in human beings and drug trafficking, and to improve capacity in combating fraud and corruption.

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