MEPs look into alleged attacks on the rule of law and media freedom in Slovakia. Opening statements by Mathieu MICHEL, Belgian Secretary of State for Digitalisation, and Didier REYNDERS, European Commissioner for Justice. This transcription is a result of an automatic process. Please check against delivery.

Brussels

statement

debate

plenary session

EU mechanism on democracy, the rule of law and fundamental rights (T)

EU - Slovakia (T)

REYNDERS, Didier (BE, EC)

MICHEL, Mathieu (BE)

Attempts to dismantle Rule of Law and media freedom in Slovakia: Opening statements by Mathieu MICHEL, Belgian Secretary of State for Digitalisation, and Didier REYNDERS, European Commissioner for Justice

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, Madam President. Ladies and gentlemen. Mr. Commissioner. If I may, I'd like to kick off by saying that this Union is not just a single market. Above all, it is a community of values. As a consequence, the rule of law is at the heart of our Union.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, This union can only prosper if we work on this together. Member States and institutions of the EU in protection and the underscoring of these values. And I would like to reassure you the intention of the resolution of the Council to play fully its role in this. Maybe I can just recall the work we've done in Council along these lines. Last December, we finished an evaluation of the dialogue on the rule of law within the Council. I have to consider this experience as a positive one, looking at the current way of doing things. It's been confirmed and reinforced by the conclusions of the Presidency supported by 26 delegations.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, 'The dialogue on the rule of law is an important preventative tool to allow the Council to look at the state of play on the ground across the whole Union in every Member State, looking at judiciary, anti-corruption laws, independence of the media, and balance of powers. This allows us to discuss all the important issues and indeed anticipate any challenges that may arise before they become genuine structural problems.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, Following a new rhythm, we decided to approach this country by country in January. We looked at Spain and France, Croatia and Italy, and we are still going to discuss the situation in four countries Lithuania, Latvia, Luxembourg and Cyprus on the occasion of the General Affairs Council in May. In this context, I'd like to recognise the crucial role that's been played by the Commission. We're very pleased that there's been a regular update within the framework of this dialogue from them and the annual report on the rule of law and the continuous follow up on the essential interventions as they do carry out as a guardians of the Treaty. On the discussion of freedom of the media and rule of law, these are essential aspects in the rule of law as a whole to  make sure that the democratic system is working properly.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, 'So members, I'm very pleased to see that we've managed to agree on two key texts recently that will reinforce freedoms and pluralism of media throughout the Union,  with the European Media Freedom Act and the Directive on Anti-SLAPP legislation. These texts, which were adopted in first reading recently, will come into force in the coming weeks and will not only allow a better guarantee of broader and more multifaceted media, but also to protect better the journalists in the sector.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, And we're very pleased to see the adoption of these texts because it will help citizens, but also the efforts of the Commission and the Member States need to focus on the correct application of this legislation so that they can be applied properly and work properly.

SOUNDBITE (French), Mathieu MICHEL, Belgian Secretary of State, Ladies and gentlemen, maybe I could underscore the fact that we need to defend our values. We need to defend the rule of law within the Union. It's these values that will allow us to remain united against the multifaceted nature of challenges that we have to meet. And we're looking to the European elections in the Member States in coming weeks. And thank you very much for your attention.

SOUNDBITE (French), Didier REYNDERS, Commissioner for Justice, Thank you. Madam President, Secretary of State. Ladies and gentlemen. Well, as I have stated on a number of occasions, particularly here in this hemicycle, we need to protect democracy and the rule of law and fundamental rights across the whole of the European Union. The Commission has intensified its efforts, and you'll be aware that the annual report on the rule of law plays a central role in that regard.

SOUNDBITE (French), Didier REYNDERS, Commissioner for Justice, In December last year, I had the opportunity to present to you the conclusions and recommendations on Slovakia in the 2023 report. At the current moment, the Commission is preparing the fifth edition of the report, which will be published in July. Today, I wanted to take up a number of recent developments in Slovakia when it comes to the rule of law and the freedom of the media.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, There have been several developments in Slovakia, which raise serious concerns and on which we have been in close contact with the Slovak authorities. We have noted the amendments to the Criminal Code and order related acts. During our last plenary debate, I already expressed the Commission's views on these amendments, notably from the perspective of EU law requirements related to the protection of the financial interests of the Union by means of criminal law.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, As you are aware, these legislative changes have been adopted under a fast track procedure at the beginning of February. Despite the Commission's request to give more time for proper consultations both at national and at European level. The amendments risk undermining the fight against corruption and the protection of the European financial interests, in particular as regards the lowering of penalties, amongst others.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, The Commission notes that the reform as adopted did address some of the issues that the Commission had identified regarding an earlier draft as being not in compliance with EU law. The Commission also notes that the government has decided on the 21st of February to withdraw from the fast track procedure, its plan to amend the whistleblower protection law in a way that raised serious concern as to its compliance with the EU Directive, and intends to present a revised version under the standard legislative procedure.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, On the other hand, the Commission had to take note that Slovakia decided to dissolate the Special Prosecutor's office, despite the Commission's request not to use again the fast track procedure for the dissolution and to have sufficient guarantees to safeguard a proper handover before the dissolution. The Commission remains in contact with the Slovak authorities to further discuss the actual impact of this change. What arrangements have been made for the handling of cases and whether the new setup ensures an effective continuation of the ongoing investigations and cases, notably concerning those cases that affect the financial interest of the Union.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, The Commission is assessing this changes also from the perspective of the requirements of the Recovery and Resilience Facility, and notably, the continued effectiveness of Slovakia's control and audit system. We have equally take note of the decision of the Slovak Constitutional Court on the 28th of February to temporarily suspend several provisions of the new criminal law, but not to the dissolution of the Special Prosecutor's office. We will keep monitoring the developments in that case.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, We hope to be able to find solutions that will ensure compliance with EU law and the commitments taken by Slovakia under the Recovery and Resilience Plan. However, we will not hesitate to take action to ensure respect of EU law and the protection of the EU financial interest as necessary. And if all the conditions of the relevant instruments are fulfilled.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, The 2024 report will follow up on the findings of last year's report, also in relation to media freedom and pluralism. As regards the autonomy of public service media, the 2023 report concluded that in the previous reporting period some progress was made on strengthening the independence of public service media. However, already then, the Commission noted stakeholder's concerns over the financial situation of the public service broadcasters, as well as the abolition of the household licence fee.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, Since then, the Commission has taken note of the plans of the new government to introduce legislative changes regarding the public service broadcaster. The Commission understands that consultations are ongoing at national level on these plans. The Commission will monitor closely the developments to ensure the proposed changes are in compliance with EU law. The Commission recalls that the Media Freedom Act has recently been adopted by the European Parliament of the Council, and it is important that any changes to national legislations are in line with that act.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, As regards the safety of journalists, the 2023 report considered that some progress was made during the previous reporting period. However, the Commission notes that since then there has been no further legislative progress on the bill aimed to improve the physical safety and working environment of journalists. A 2023 survey conducted by an investigative centre found that two thirds of Slovak journalists experience threats or intimidation in the the preceding 12 months, while four persons experiencing a physical attack.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, 'The Commission takes note of concerns voiced by stakeholders that disparagement of journalists and media outlets by government exponents has been on the rise. The Commission calls on all Member States, including Slovakia, to implement the Commission recommendation on the safety of journalists, To address the phenomenon of SLAPPs, the Commission presented in 2022 an ambitious package. The Commission will monitor the implementation of the anti-SLAPP Directive as well as of the Commission's recommendation of 2022.

SOUNDBITE (English), Didier REYNDERS, Commissioner for Justice, 'I am now turning to the institutional checks and balances and the civil societies framework. As I mentioned before, the recent developments raise particular concerns over the lack of proper consultations of the public and of relevant stakeholders, as well as the use of fast tracked legislative procedures on complex proposals. Moreover, the Commission has taken note of the recent new draft reform, before the Slovak Parliament at the end of March, introduce obligatory labelling of certain so-called organisations with foreign support. The Commission will follow the ongoing national discussions on this new reform very closely.

 In this context, let me add that the Commission is also concerned about recent amendments with regards to the Slovak Statistical Office, which contain revised grounds for appointment and dismissal of the heads of office. The Commission is currently assessing whether these legislative amendments comply with the professional independence requirements of EU law on European statistics. You know that there were also some remarks from the Chief Prosecutor of the European Prosecutor's Office about the actual situation in Slovakia. And, of course, we will continue to analyse together the situation, and I'm very pleased now to listen to your remarks and observations. Before to conclude this debate today, but not to conclude that the assessment of the Commission about the situation in Slovakia. Thank you.