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HomeE.U.Slovakia's top court suspends part of Fico's judicial overhaul

Slovakia’s top court suspends part of Fico’s judicial overhaul

The Slovak Constitutional Court suspended several parts of a government legislative reform that introduced sweeping changes to the country’s judicial system and criminal code.

The legislative package sparked protests across the country, joined by the opposition, which also prevented the package from being passed in parliament. EU officials also criticised the changes, with the next tranche from Slovakia’s Reconstruction Fund suspended until the EU studies the legislation.

The suspension precedes a full ruling on the constitutionality of the legislative changes, which the new cabinet of Prime Minister Robert Fico approved in December and pushed through the National Council earlier this month.

Critics see the law as a “get-out-of-jail” pass for Smer party supporters threatened by ongoing criminal investigations.

The suspension of clauses on the reduction of criminal penalties and statutes of limitations should stop prisoners being released early or cases being dropped because of changes to the law. Slovak President Zuzana Čaputová stated:

I am happy that democracy in Slovakia works, that a system of checks and balances works here.

The court did not suspend the clauses liquidating the Special Prosecutor’s Office in charge of high-profile corruption cases. The office will cease to exist on 20 March, with its cases now being overseen by the Prosecutor General.

After Parliament passed the law, it took six days for the Cabinet to hand it over to the President. However, instead of vetoing the law, Čaputová, a former lawyer and fierce critic of the legislation, signed it and filed a complaint to give the Constitutional Court enough time to rule.

Now, the Justice Ministry has 15 days to publish the court’s decision in the statute book, which is exactly the number of days needed for the legislation to enter into force on 15 March.

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