Slovakia’s Whistleblowing Law: New legislative threats and a critical court decision
Slovakia is witnessing significant developments in its whistleblowing legal framework. A newly proposed amendment raises concerns about weakening core protections, while a recent court ruling offers an important counterbalance. In this blog post, EWI Fellow Marianna Leontiev outlines the emerging issues and what they may mean for the future of whistleblower protection in Slovakia.
A restrictive amendment with far-reaching consequences
On 6 November 2025, Parliamentary Bill No. 1085 was submitted as an amendment to the Act on the Protection of Whistleblowers (Act No. 54/2019 Coll.) by Members of the Parliament from the HLAS’ Party, currently led by the Minister of the Interior. Although presented as an attempt to improve the functioning of the current system, several provisions introduce limitations that are inconsistent with the EU Whistleblowing Directive.
Narrowing scope
Most notably, the amendment would restrict protection to cases in which the wrongdoing was committed by a person with whom the whistleblower has, or previously had, an employment relationship. This would significantly narrow the scope of protection by excluding disclosures involving external actors such as contractors or suppliers. This approach contradicts the Directive, which extends protection to individuals reporting information obtained in a broader work-related context.
Lowering protections
The draft also introduces a new review mechanism allowing employers to challenge decisions granting protection both immediately and at six-month intervals. The Slovak Whistleblower Protection Office has warned that this repeated review could deter reporting by creating ongoing uncertainty for whistleblowers.
Retroactive effect
A further concern arises from the proposed retroactive effect of the amendment, which would allow employers to request review of protections already granted before the law enters into force. Similar retroactive measures proposed in 2023 were criticised by the European Commission, the European Whistleblowing Institute, and several civil society organizations for raising constitutional issues and undermining legal certainty. If adopted in its current form, the amendment may place Slovakia at risk of non-compliance with the EU Whistleblowing Directive and weaken the overall functioning of the protection system.
A positive development: a court victory for a police whistleblower
Alongside these legislative developments, Slovakia has also seen an important judicial decision supporting whistleblower protections. One of the police whistleblowers whose disclosures have drawn public attention won a court case against the Ministry of Interior. The court annulled his placement outside active service, ruling that the Ministry should have sought prior approval from the Whistleblower Protection Office before imposing such a measure. This judgment confirms that the safeguards provided to whistleblowers under Slovak law have binding force and that independent judicial oversight remains essential. The ruling also illustrates the vital role of institutions in upholding the rule of law, especially in politically sensitive cases.
What to watch in the coming months
Slovakia now faces a decisive moment. The proposed legislative changes would limit access to protection, introduce instability into the system, and potentially open the door to political or employer pressure. At the same time, recent judicial practice shows that independent institutions continue to play a crucial role in safeguarding whistleblowers and ensuring compliance with legal standards.
Key issues to monitor include:
Whether the Slovak Parliament amends or adopts the bill in its current form.
How the Whistleblower Protection Office navigates potential new constraints.
Whether further judicial decisions continue to reinforce existing safeguards.
EWI will continue to follow these developments closely and work with stakeholders to support effective whistleblower protection in Slovakia.
