The legal procedure centers on the recent Slovak constitutional revision which the Commission says affects core principles of EU law. Central to this is that only Slovakia recognizes the biologically established genders male and female. This has broader implications for the application of EU law on equality and non-discrimination.
Additionally, the new constitution tightens rules on adoption and education. School curricula must more explicitly align with Slovak cultural and ethical principles, thereby reducing room for interpretation.
Prime Minister Robert Fico presents the reform as a defense of Slovak sovereignty. He stated that Bratislava itself must decide how many genders are recognized in the country and who is allowed to marry. The country is thus following the course of neighboring Hungary. Fico indicated he does not fear a conflict with the EU.
The constitutional amendment was adopted in September and took effect on November 1. According to the European Commission, the new provision gives Slovak authorities, including judges, the room to place national rules above EU law on issues concerning identity and values, which would undermine fundamental legal principles.
Bratislava now has two months to respond to Brussels's questions and address its concerns. If this is insufficient, the next step may be a reasoned opinion, followed by a possible lawsuit at the EU Court.