The European Commission announces it is launching an infringement procedure against Slovakia, which has just enshrined in its constitution the primacy of national law over European law, notably in order to implement an anti-LGBT+ policy.
“Even when a member state amends its constitution, such an exercise of national competence cannot contravene the need to be compatible with the fundamental principles of the European Union.” Building on this polite reminder of the principles of European integration, the Brussels-based Commission announced this Friday, November 21, the launch of an infringement procedure against Slovakia, a member of the EU since 2004. It reproaches the Central European country for its recent constitutional changes that place national law above European law—and notably to attack LGBT+ rights.
Adopted by Bratislava Parliament on September 26, the amendments in question inscribed in the Slovak fundamental law the well-known array of state-sponsored LGBTphobia: the impossibility of changing gender, the limitation of adoption to heterosexual couples only, and the restriction of sexuality education. The eminent leaders of the international reactionary lobby, from Hungarian Prime Minister Viktor Orbán to American President Donald Trump, could not have said it better.
Robert Fico, a Slovak Orbán
Proud of the work accomplished, Prime Minister Robert Fico – a former socialist elected in 2023 on a national-populist, pro-Russian and xenophobic line – proclaims a “historic milestone” for his country, claiming to restore “common sense” to build “a constitutional bulwark against progressivism”. On these “cultural and ethical” issues, he argues, the constitutional changes place national law above international law, including European law. This is where the EU institution led by Ursula von der Leyen is hurt. “Before the adoption of these amendments, the Commission signaled concerns. However, the amendments were adopted without these concerns having been addressed”, the European executive insists.
Now the subject of an infringement procedure, Slovakia has two months to respond to the concerns of the European Commission, otherwise the latter could refer the matter to the Court of Justice of the European Union (CJEU). The latter is due to issue a decision soon concerning neighboring Hungary, on a text of the same nature: as early as 2021, the country led by Viktor Orbán adopted a law prohibiting the “promotion” of homosexuality and transgender identity among minors.
Fin late June, the conclusions of the Advocate General of the Court on the Hungarian case were unequivocal: the text is contrary to European law. “The equal respect owed to LGBTI people in Member States is not a matter of debate,” she reminded. “Non-compliance and marginalization of a group within a society constitute the ‘red lines’ imposed by the values of equality, human dignity and respect for human rights.” The procedure did not prevent the ally of Marine Le Pen from also, as recently as last spring, enshrining in the constitution rollbacks for LGBT+ rights: prohibition of same-sex marriage, possibility to ban any Pride, administrative abolition of transgender identity… Europe has not finished defending our rights within itself.
