On June 27, 2024, the National Council of the Slovak Republic passed Act No. 166/2024 Coll. on certain measures to improve the security situation in the Slovak Republic (hereinafter referred to as the "Act"), which was given the nickname "lex atentát" (assassination law). According to the submitter, the Government of the Slovak Republic, the reason for submitting the draft Act was to respond to the security situation in the Slovak Republic following the assassination of the Prime Minister of the Slovak Republic, Robert Fico, on May 15, 2024, in Handlová. The draft Act contained the first set of measures targeting several areas, which we will present in this article, with an emphasis on the new legal regulation of the right of assembly.
The Act amended the following legal regulations in accordance with its purpose:
- Act No. 84/1990 Coll. on the right of assembly
- Act No. 372/1990 Coll. on misdemeanors
- Act No. 46/1993 Coll. on the Slovak Information Service
- Act No. 120/1993 Coll. on the remuneration of certain constitutional officials of the Slovak Republic
- Act No. 171/1993 Coll. on the Police Force
- Act No. 215/2004 Coll. on the protection of classified information and on amendments to certain acts
The first area of measures adopted by the Act is the extension of protection to designated persons and designated objects by expanding their scope directly in the Act as a legal regulation of higher legal force and not in government resolutions. At the same time, lifetime protection was established for the three highest constitutional officials (which applies to children and family members of selected persons, as well as so-called opposition leaders, i.e. the chairpersons of political parties and movements represented in the National Council of the Slovak Republic).
The second and most important area is the regulation of the conditions for the exercise of the right of assembly and the scope and conditions under which the exercise of the right of assembly may be restricted, which should be limited to cases where such restrictions fall within one of the areas referred to in Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The third area covered by the Act is amendments to Act No. 372/1990 Coll. on misdemeanors, consisting of stricter penalties for selected misdemeanors against civil coexistence, as well as changes in the powers of members of the Police Force in order to increase the detectability of such misdemeanors committed through electronic communication services.
Another area is the extension of the powers of the state authority, which explicitly includes among the tasks of the civil intelligence service the collection, collation and evaluation of information relating to the protection of designated persons and its reporting to the Police Force. The Act also regulates the imposition of penalties for illegal filming and photography, as well as aerial photography.
Another area is the amendment of Act No. 120/1993 Coll. on the remuneration of certain constitutional officials of the Slovak Republic, where the Act grants the right to "adequately equipped real estate" instead of the right to "adequately equipped housing" to the president, the chairman of the National Council and the prime minister. At the same time, the right to a lifetime salary equal to that of a member of the National Council of the Slovak Republic has been extended not only to the President of the Slovak Republic, but also to the Speaker of Parliament and the Prime Minister as the second and third highest constitutional officials, in the amount and under the conditions specified by the Act.
Act on the Right of Assembly
Act No. 84/1990 Coll. on the right of assembly was amended by the Act as follows:
- an explicit prohibition on disrupting the peaceful exercise of the right of assembly was introduced (this is intended to prevent acts that prevent others from freely exercising their political rights)
- the prohibition of assemblies at certain buildings is extended to include assemblies within 50 meters of
- the building where the President of the Slovak Republic has his permanent residence,
- the building where the National Council of the Slovak Republic or the Government of the Slovak Republic regularly meets,
- the building in which the Constitutional Court of the Slovak Republic has its permanent seat, unless otherwise provided by a special regulation,
- a building other than those referred to in points (a) to (c) where a constitutional body referred to in points (a) to (c) holds meetings or otherwise exercises its powers,
- a building provided by the Ministry of the Interior of the Slovak Republic for the needs of the President of the Slovak Republic, the President of the National Council of the Slovak Republic and the Prime Minister of the Slovak Republic in accordance with a special regulation;
(According to the explanatory memorandum, these are reasons also provided for in Article 11 (note) of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to the submitter, the aim of this provision is to ensure conditions for the smooth and uninterrupted operation of the above-mentioned state authorities. Special legal provisions under Act No. 314/2018 Coll. apply to the Constitutional Court of the Slovak Republic, where the distance is set at 100 meters. For the same reasons, restrictions on assembly have also been proposed in places where general courts regularly carry out their activities. The aim is to ensure the proper functioning and activities of these bodies and thus reduce pressure on the independence of the judiciary. In the case of buildings, the aim is to ensure the protection of the right to privacy and the undisturbed use of these buildings by constitutional officials and citizens of the Slovak Republic.
- established a rule for determining places where assemblies are not subject to notification - these were primarily designated outside residential areas and in places where there is a general expectation of large gatherings of people, and the transport capacity of the area should be adapted to this, as well as expectations related to interference with the privacy and other rights of persons residing there, specifically in public spaces such as squares, parks, marketplaces, or other similar places
- the Police Force is now required to inform the municipality in writing of the specific reasons for prohibiting an assembly, given that that information on the reasons potentially leading to a ban on an assembly may be available to the Police Force in particular, especially in the case of a new reason for a ban relating to several competing assemblies. In this regard, there has been no change in the municipality's power to assess the existence of reasons for prohibiting an assembly, but a penalty has been added for cases where the municipality, on the basis of information from the Police Force, has information about reasons for prohibiting an assembly but does not prohibit it and the reported risks materialize
- New grounds for prohibiting assemblies have been established, namely in cases where:
- the assembly is to take place in the vicinity of the residence of a person whose employment, profession or function is directly related to the purpose of the assembly and the organizer has not agreed to change the venue of the assembly,
- there is a reasonable concern that there will be a clash with participants in a previously notified assembly, as a result of which it will not be possible to ensure the orderly and peaceful conduct of these assemblies even with the deployment of available forces and resources, the organizers have not agreed on a change of time or place for the assemblies and public order cannot be ensured by any less disruptive measures; if it is not possible to determine which notification was delivered first, the decision shall be made by drawing lots in the presence of representatives of the organizers,
- the assembly is to take place in an area predominantly residential and not in a square, park, market place or other similar place, there are reasonable grounds for concern based on the facts notified or other information that that the holding of the assembly will interfere with the fundamental right to privacy of a large number of persons or with the peaceful enjoyment of the home of a large number of persons beyond the extent normally associated with a peaceful assembly, and that the protection of their rights cannot be ensured by any less disruptive measures
- the assembly is to take place within 50 meters of the building in which a general court has its seat or exercises its jurisdiction, if the purpose of the assembly is directly related to the decision-making activity of the general court.
- the possibility of prohibiting an assembly by the municipality has been introduced if it is to take place in a location where the restrictions associated with the assembly, in particular restrictions on the right to privacy, restrictions on the peaceful enjoyment of the home, restrictions on transport or restrictions on supplies, are seriously contrary to the interests of the population, if the assembly can be held elsewhere without undue difficulty and without frustrating the stated purpose of the assembly
- new offences (and some existing ones) against the right of assembly have been introduced (and the penalties for these offences have been adjusted), whereby an offence against the right of assembly is committed by anyone who
- calls or organizes an assembly without fulfilling the notification obligation, organizes an assembly that has been banned, or violates any other obligation of the organizer under this Act,
- fails to comply with the orderly conduct measures of the organizer or designated organizers of the assembly or prevents these persons from fulfilling their obligations,
- unlawfully obstructs or prevents participants from accessing the assembly,
- unlawfully prevents another person from exercising their right of assembly,
- unlawfully enters the assembly,
- prevents participants from fulfilling the purpose of the assembly through inappropriate behavior,
- prevents participants from dispersing peacefully,
- repeatedly or intentionally disobeys the orderly measures of the organizer or designated organizers of the assembly or repeatedly or intentionally prevents these persons from performing their duties,
- as a participant in the assembly, carries a firearm or explosive or other objects that could cause bodily harm, and if it can be inferred from the circumstances or his or her behavior that they are intended to be used for violence or to threaten violence,
- unlawfully and intentionally prevents another person from exercising their right of assembly,
- unlawfully and intentionally prevents participants from accessing the assembly or from dispersing peacefully,
- by grossly inappropriate behavior prevents participants from fulfilling the purpose of the assembly,
- intentionally and actively disrupts the course of the assembly, causing it to cease to be orderly and peaceful, or incites others to do so,
- as a participant in the assembly, covers their face in a manner that prevents their identification when law enforcement officers take official action against them and the law enforcement officer asks them to uncover their face
Under the new legislation, if the nature of the offense allows it, an offense may also be committed through electronic communication services—this is not a substantive legal provision, but rather an emphasis that even the online space is not a lawless space where the legal norms of the Slovak Republic do not apply to those subject to the law.
The law will take effect on July 15, 2024, and its wording, as well as the wording of the amended legal regulations, have been criticized by many organizations, as well as some politicians and institutions (the public defender of rights, lawyers, the Judicial Council of the Slovak Republic, the Slovak Bar Association, Amnesty International Slovakia, and others). They point to the possible misuse of this new legislation to suppress freedom of expression and political opposition. According to them, the provisions of the Act are too vague, which could lead to arbitrary decisions by the state. This could not only threaten democratic assemblies but also undermine citizens' trust in democratic processes. They also point to potential risks in the Act, as it could be used to suppress protests that are inconvenient for those in power in the state, or to restrict freedom of expression. At the same time, they draw attention to the consequences of this new legislation for many other legal provisions (e.g. the Criminal Code).
Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms, quote:
"Freedom of assembly and association
- Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- The exercise of these rights may be subject only to such restrictions as are prescribed by law and are necessary in a democratic society in the interests of national security, public safety, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, the police, and the administration of the State."
