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The European Commission responds to Fico: EU law is superior, it is not open for discussion

by AI | 30.Jan 2025 | Europe in brief AI

Robert Fico proposed changes to the Constitution that question the supremacy of EU legislation in cultural and ethical matters.

Prime Minister of the Slovak Republic, Robert Fico, proposed changes to the Constitution, in which he questions the supremacy of EU law. Photo: TASR

Brussels – European Commissioner for Rule of Law Michael McGrath warned at a press conference in Brussels on Wednesday about the supremacy of European law over the laws of individual member states. He was responding to constitutional amendment proposals presented on Monday by Slovak Prime Minister Robert Fico (Smer-SD). According to Fico’s proposal, legally binding acts of the European Union that are in conflict with the Slovak Constitution should not take precedence over it, informs TASR.

“The precedence of EU law is firmly established in the case law of the European Court of Justice and this issue is not open for discussion. This is an important context for any constitutional changes in any member state,” said McGrath, adding that member states can change their constitution at their discretion, but must respect and recognize the supremacy of European law.

The Irish European Commissioner subsequently emphasized that the Slovak Prime Minister has not yet submitted any specific proposal, and it is necessary to wait for further details.

Fico presented the draft concept of amending the Slovak Constitution on Monday. It should, for example, establish the recognition of only male and female genders and the change of gender only for serious reasons. Children could only be adopted by spouses, or possibly by a surviving parent or guardian. According to the proposal, state educational programs must respect the constitution, and in cultural-ethical and value-related matters, EU legal obligations or international pacts will not take precedence over it. The Prime Minister declared that the proposal is not immutable and he is open to discussing possible amendments.

The precedence of European law over member state law has been confirmed by the European Court of Justice in several court decisions, although such a principle is not enshrined in the EU treaties. According to the court, European law must be prioritized; otherwise, the implementation of EU policies could be undermined.

In 2021, Poland came into conflict with the European Commission. Its constitutional court questioned the supremacy of EU law over Polish law in its verdict, a principle that Warsaw agreed to upon joining the European Union in 2004. (January 29)

“The precedence of EU law is firmly established in the case law of the European Court of Justice and this issue is not open for discussion. This is an important context for any constitutional changes in any member state.” Michael McGrath.