The European Commission is concerned about the changes to the Slovak constitution, which the left-right cabinet of populist Prime Minister Robert Fico tried to push through the country’s parliament this week.

Provisions about the primacy of the Slovak constitution over international commitments, debated in the parliament, “raise concerns in connection with the principle of primacy of European law,” liberal daily SME wrote on June 17, citing a letter from the Irish Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection Michael McGrath to a Slovak opposition legislator, Mária Kolíková.

Kolíková, who is a member of the neoliberal SaS party, inquired with the EC regarding the cabinet-backed changes to the Slovak constitution for which Fico is trying to secure support from Christian legislators sitting in the ranks of the Christian Democratic KDH and populist right-wing Slovakia.

To make changes to the Slovak constitution, 90 legislators need to back the motion, while Fico’s unstable ruling coalition wields a narrow 78 majority in the parliament of 150. The Fico-backed changes to the constitution aim to give primacy to the Slovak constitution in cultural and ethical issues over international commitments.

As bne IntelliNews covered in January, Fico made several statements about wanting to enshrine in the country’s constitution that there are only two genders in Slovakia, male and female, following US President Donald Trump’s example, and building on his previous rhetoric alleging that Brussels is importing ideology incompatible with the Slovak nation.

Fico, a former communist, has intensified his national conservative turn and pro-Kremlin rhetoric since coming back to power in the autumn of 2023. His cabinet, comprised of his Smer party, more moderate Hlas and ultranationalist SNS, quickly found itself at odds with the EU after it implemented sweeping changes to the judiciary, police, public media and even cultural institutions.  

The exchange between EC and Kolíková comes as Fico’s ruling coalition has been forced to postpone the push for constitutional changes to September, as it was unable to muster sufficient support for the moves after some of the Christian legislators did not join Fico’s calls to protect Slovak values.

Smer legislator Ján Richter told state broadcaster STVR that “we were left unpleasantly surprised about the development in KDH, because of the eleven members of their parliamentary grouping, only nine are ready to vote” for the changes to the constitution, which are seen by Fico’s critics as effort to polarize Slovak society and keep his electoral base mobilised.  

Slovakia also has a tragic record of violent crimes against minorities, Slovak Roma and sexual minorities, including the gunning down of two young men in front of a gay-friendly bar in Bratislava in 2022 by a radicalised teen.   

Richter said that the ruling coalition was able to secure the backing of 89 legislators.

“We are honestly building the wall against progressivism,“ Fico wrote on his Facebook social media profile, adding that “I know only the union of man and woman,“ and that "I firmly believe” that legislators “will complete their work in September.”

Fico also made more provocative statements on Facebook, writing that “neutrality would suit Slovakia […] like Austria and Switzerland,” adding that “NATO is like a golf club” where “to play you have to pay a member fee” which “the USA decided to raise to 5% of GDP,” and that such move is irrational given the state of public finances in Slovakia.