100 days in office – and there is resistance in Slovakia. Prime Minister Fico wants to rebuild the constitutional state and he is also polarizing in foreign policy. People in the EU are alarmed.
He has only been head of government again since the end of October and yet Robert Fico has already changed Slovakia’s course more than in his previous three terms in office. This applies internally when filling top positions in the police and judiciary, when dealing with critical media or non-governmental organizations or in his plans for criminal law reform.
But this also applies to the foreign policy of the EU and NATO country – although Fico’s words do not always reflect his actions. They are definitely endangering the unity of the West.
Russia-friendly provocations
Shortly before his inaugural visit to neighboring Ukraine in January, the left-wing nationalist was not the first to provoke with pro-Russia rhetoric: Ukraine is not sovereign, but completely controlled by the USA. Slovakia will block the country’s accession to NATO because joining would be “the basis for a third world war.”
The 59-year-old did not want to travel to Kiev. But he is not afraid of a trip to Kiev because there is no war there, just normal everyday life. Nevertheless, the Slovak Prime Minister preferred to meet with the Ukrainian Prime Minister Denys Shmyhal in Uzhhorod – just across the common border.
At the meeting, Fico’s official statements were different. There are differences of opinion between the two countries, but Slovakia will continue to provide humanitarian aid and will not hinder private arms deals. According to experts, these have long been significantly more important than state deliveries, because the Slovak army’s warehouses are almost empty.
The pro-European predecessors had generously provided Ukraine with weapons from the beginning of the Russian war of aggression. Fico wants to support the EU aid program worth 50 billion euros for Ukraine, as well as EU accession negotiations. The Slovak Prime Minister made similar comments at an appointment with Chancellor Olaf Scholz in Berlin.
At Orban’s side
At another meeting, however, Fico struck a completely different note. At his first meeting with Hungary’s Prime Minister Victor Orban, he criticized Europe’s Ukraine policy and described his attitude to it with the words that they were “doomed to cooperation” but also “to success”.
In their criticism, the left-wing nationalist Fico and the right-wing nationalist Orban also agreed on other issues – for example the EU migration pact. Fico Orban also assured Brussels of his support when it comes to the rule of law.
In this regard, Hungary has found a new ally in Slovakia after the PiS government was voted out in Poland. Fico can really use such reassurance from Orban: the Slovakian is also planning to restructure the rule of law and is facing a similar confrontation with the EU as Hungary.
Criminal justice reform in the Fast track procedure
Even before the parliamentary elections in the fall, Fico had made it clear that if he was able to form a government for the fourth time, the first thing he would do was change the criminal law and abolish the special prosecutor’s office; the institution that deals with high-level corruption offenses – also in Fico’s environment.
In 2018, the lawyer had to resign after mass protests against him. After the contract murder of journalist Jan Kuciak and his fiancé, he was seen as the face of the corrupt Slovakia that the young investigative reporter had written about. The special public prosecutor’s office also investigated this murder.
Controversial authority, controversial conversion
From Fico’s point of view, however, it has been politicized and cannot be reformed since the previous government put a declared Fico opponent at its head in 2020.
Some lawyers support Fico’s reform in principle, but not in the details – such as former Justice Minister Viliam Karas. Eduard Burda from Comenius University in Bratislava believes that the previous conservative government, whose chaotic actions many blame for the resurgence of Fico, actually brought politically motivated and excessive cases against Fico people.
Experts have been calling for adjustments to criminal law for a long time, especially the reduction of sometimes draconian penalties – but not quickly and in favor of the Fico camp, especially as is now mainly planned for corruption offenses.
Continuous protests against the “pro-mafia package”
The special prosecutor Daniel Lipsic, who has now been deposed, points to his successes: until 2020, influential people had not been prosecuted. “Afterwards, criminal proceedings were initiated at the highest levels of politics, the judiciary and the economy.” Some of these proceedings are now likely to be discontinued if statutes of limitations are shortened, for example against former police chief Tibor Gaspar.
Gaspar also had to resign after the murder of journalists six years ago. He now sits in parliament for Fico’s Smer party; Of all people, he is now helping to shape criminal law reform. The pro-European opposition describes this as a “pro-mafia package” and a “general amnesty” for Fico confidants.
Michal Simecka from “Progressive Slovakia” speaks of a “frontal attack on the rule of law.” Since December, the liberal camp has been organizing protests in all major cities in Slovakia, mobilizing tens of thousands of people across the country week after week.
Warnings from Brussels
The European Commission also warned Fico against ill-advised interventions in the rule of law. According to EU Justice Commissioner Didier Reynders, there is talk of procedures and sanctions similar to those against Hungary.
The European Parliament condemned the Slovakian reform proposals with a large majority. The European Public Prosecutor’s Office complained that Slovakia was no longer able to effectively combat the misappropriation of EU funds.
According to his own words, the Slovak Prime Minister is now meeting his critics in Brussels and Bratislava with a compromise: for example, some penalty rates will be increased again. The reform is also not due to come into force until mid-March. This was originally planned for January. For the opposition, however, these remain purely “cosmetic” changes.
Will the presidency also fall to Fico’s camp?
Slovak President Zuzana Caputova has announced her veto. However, the former civil rights lawyer can only delay the criminal law reform and bring it before the Constitutional Court once it has been implemented.
The three-party coalition has a slim majority in parliament – but unlike Orban, not a large enough majority to change the constitution.
The opposition still fears that Fico will soon be able to govern more easily: presidential elections are due at the end of March and Caputova will not run again. Fico’s preferred candidate, Parliament Speaker Peter Pellegrini, is considered the favorite.