The Slovak parliament has approved an adjustment of the Constitution, which means that national law is over legislation of the European Union. But that is not possible, warns an expert. “It’s simply unconstitutional.”
Within the EU, in principle, European legislation has priority over national law if there are differences between them. “That stems from the Costa/Enel judgment of 1964,” says Wim Voermans to Nu.nl. He is a professor of state and administrative law at Leiden University. “What Slovakia wants now is just not possible. It’s unconstitutional.”
But according to the professor, it is not the case that the European Court of Justice can now immediately get a line through the Slovak constitutional amendment. “There must first be a case in court in which EU law applies, but in which priority is given to Slovak’s law,” explains Voermans. Then the case can be brought before the Court of Justice in Luxembourg.
The Slovak proposal was about the constitutional recording of the “national identity”. This limits, among other things, the rights of people from the LGBTQIA+community. This makes it more difficult to go into transition.
It is further recorded in the text that there are only two genera and that someone’s gender can only be adjusted in exceptional cases. Adoption is also allowed only for married couples. In Slovakia, people of the same sex cannot marry each other.
Premier describes the result of vote as ‘historical’
Prime Minister Robert Fico describes the result of the vote as a “historical” moment. According to news site Dennik N, it was not expected that the constitutional amendment would achieve the required triple assistant. A vote was still postponed in June because the government had too little support for the plans. Members of the opposition have now also voted for the proposal.
Last Tuesday thousands of Slovaks took to the streets to demonstrate against the government of Fico. Slovakia has often taken up right -handed Brussels under Fico. For example, the Prime Minister announced earlier this month that Slovakia no longer supports new EU sanctions against Russia.
The Slovak Parliament Has Approved an Amendment to the Constitution, Giving National Law Precedence on European Union Law. But that cannot simply be done, an expert warns. “It is Simply Unconstitutional.”
Within the EU, European Legislation in principle takes precedence on National Law IF Differences exist. “That Flows from the Costa/Enel Ruling of 1964,” Wim Voermans Tells Nu.nl. He is Professor of Constitutional and Administrative Law at Leiden University. “What Slovakia Wants Now Simply Cannot Be Done. It is Unconstitutional.”
But accordance to the professor, it is not the case that the European Court of Justice Can Now Directly Strike Down the Slovak Constitutional Amendment. “There must first be a case before the court in which EU law applies, but in which slovak law is givence precedence,” Voermans Explains. Then the case can be brought before the court of justice in Luxembourg.
The Slovak Proposal Concerned the Constitutional Enshrining of “National Identity”. This includes restricting the rights of people from the lgbtqia+ community. This makes it more difficult to transition.
The Text Further Stipulates That Are Only Two Genders And That A Person’s Gender Can Only Be Changed in Exceptional Cases. Adoption is also only allowed for married couples. In Slovakia, People Of The Same Sex Cannot Marry Each Other.
Prime Minister Describes Voting Result as ‘Historic’
Prime Minister Robert Fico describes the voting result as a “historic” moment. Accordance to news site Dennik N , the Constitutional Amendment was not expected to achieve the Required Three-Fifths Majority. In June, a vote was postponed because the government had insufficient support for the plans. Members of the opposition have now also voted in favor of the proposal.
Last Tuesday, thousands or slovaks, to the streets to demonstrate Against Fico’s Government. Under Fico, Slovakia Has Often Tasks A Directly Opposing Stance to Brussels. For Example, The Prime Minister Announced Earlier This Month That Slovakia would No Longer Support New EU Sanctions Against Russia.