EU launches legal action against Slovakia over whistleblower protections

By Beyza Binnur Donmez

GENEVA (AA) - The European Commission on Friday decided to open an infringement procedure against Slovakia, accusing it of breaching EU rules designed to protect whistleblowers.

The move follows a December amendment adopted by the Slovak parliament that significantly altered the country’s whistleblower protection framework. According to the statement by the commission, the changes undermine the EU Whistleblower Directive, which requires members to guarantee confidential reporting channels, independent oversight bodies, and protection against retaliation.

Under the revised Slovak law, the Whistleblower Protection Office would be dissolved, leading to the early termination of its leadership. The legislation also introduced a review mechanism allowing authorities or public prosecutors to withdraw whistleblower protection at any time, including at the request of an employer. The commission said this could expose whistleblowers to retaliation and discourage reporting.

The commission also raised concerns that decisions to revoke protection are "not subject to judicial review," potentially violating the fundamental right to an effective remedy under the EU Charter of Fundamental Rights.

Despite repeated warnings from Brussels, the Slovak parliament adopted the amendments. The Slovak Constitutional Court has since suspended the law’s entry into force pending a ruling on its constitutionality.

The commission has now sent a formal notice giving Slovakia one month to respond and address the concerns. If the response is deemed unsatisfactory, the commission "may decide to issue a reasoned opinion."