The European Commission has issued a warning to Slovakia, declaring that proposed constitutional changes backed by Prime Minister Robert Fico’s government would breach European Union law by attempting to deny the supremacy of EU rules over national legislation.
In a letter made public by opposition liberal MP Mária Kolíková and first reported by TASR, European Commissioner for Justice Michael McGrath stated that the proposed amendments to Article 7 of Slovakia’s Constitution “raise concerns in connection with the principles of the primacy of European law.”
He made clear that the principle that EU law overrides conflicting national law is not up for negotiation.
Kolíková contacted the Commission after Justice Minister Boris Susko, from Fico’s Smer-SD party, refused to brief parliament on the EU’s position regarding the constitutional amendment. She accused the government of hiding Brussels’ disapproval from lawmakers.
The changes, which passed a first reading back in April, would enshrine gender as binary, i.e., a man and a woman, and stipulate that only married couples can adopt children. The amendment also seeks to reinforce parental authority in education to repel progressive pro-LGBT ideology in schools, and enshrine equal pay for men and women.
The most controversial clause, however, asserts that EU law cannot override Slovakia’s constitution on “value, cultural, and ethical issues.”
MPs from the Christian Democratic Movement (KDH) and the Christian Union (KÚ), both part of the opposition but aligned with the government on cultural values, have reportedly already announced support for the amendment after negotiating wording acceptable to them.
Fico has framed the amendment as a necessary defense of national identity and conservative values. Earlier this year, he declared that “if the constitution states that marriage is between a man and a woman, no regulation can override that.”
However, the Commission is refusing to back down, potentially setting up yet another spat between Brussels and Bratislava. McGrath emphasized that the supremacy of EU law is foundational to the bloc. “The primacy of EU law is not open for debate,” he said.
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