EWI and WIN welcome Commission’s infringement procedure against Slovakia over whistleblowing crackdown
Joint Statement by the Whistleblowing International Network and the European Whistleblowing Institute
The European Whistleblowing Institute (EWI) and the Whistleblowing International Network (WIN) welcome last Friday’s decision of the European Commission to open an infringement procedure against Slovakia for breaching EU rules on the protection of whistleblowers.
In December 2025, the Slovak parliament adopted an amendment to its whistleblowing protection legislation through a fast-track procedure that would dissolve the Slovak Whistleblower Protection Office and result in the early termination of the mandate of its President and Vice-President. The law also introduced a “review mechanism”, which would allow authorities and public prosecutors to withdraw protection from whistleblowers at any time, even if they were protected under the previous version of Slovakia's whistleblower protection legislation.
At the time, EWI and WIN sent an open letter to the Government of Slovakia, calling for the rejection of the proposal, which gathered the support of almost 30 civil society organizations. In the meantime, the Slovak Constitutional Court suspended the law's entry into force until it decides on the substance regarding its compliance with Slovak constitutional law.
EWI and WIN reinforce the call already made in December for the Government of Slovakia to repeal the law abolishing the Whistleblower Protection Office, protect its independence and maintain the integrity of the whistleblower protection system in Slovakia, which were severely compromised and put into question.
“Whistleblower protection is essential to maintaining the rule of law and democratic accountability in Slovakia and in Europe. This is recognized by the EU and Member States can no longer view it as ’nice-to-have’ or disposable when it suits them. ”
“If this case reaches the Court of Justice of the European Union, it could become a landmark ruling on whistleblower protection in the EU. The outcome would matter not only for Slovakia, but for all Member States designing or revising their whistleblowing frameworks. ”
While last Friday’s decision represents a positive step in the right direction, the Commission has at its disposal further tools to ensure Member States comply with EU law. As previously stated in a legal memo elaborated by Dr Vigjilenca Abazi, under the Conditionality Regulation, the Commission is empowered to act where a Member State fails to prevent rule-of-law breaches that affect or risk affecting the Union budget. The abolition of an independent authority such as Slovakia’s Whistleblower Protection Office clearly meets this threshold.
We therefore call on the Commission to use all the powers at its disposal to ensure that Member States, including Slovakia, meet the standards expected of it under the EU Whistleblowing Directive and EU law.
