Court case PL. ÚS 11/2025-116 – Court Ruling (Slovakia, 2025)

On 14 May 2025, a group of 32 members of the National Council of the Slovak Republic (the proposers) submitted a proposal to the Constitutional Court of the Slovak Republic challenging Act No. 109/2025 Coll. The Act, which entered into effect on 1 June 2025, required NGOs, associations, and international organisations with annual income exceeding €35,000 to submit a financial report. The report had to list all income sources and expenditures. It required identifying contributors who provided monetary support exceeding €5,000 per year. The reports were to be published in the public section of the financial statements register. The law also removed previous protections guaranteeing donor anonymity under the Foundations Act and the Funds Act. The proposers objected to the law on several grounds. They claimed that publishing donor names violated privacy and data protection rights under the [https://www.prezident.sk/upload-files/46422.pdf Constitution], the [https://www.echr.coe.int/documents/d/echr/convention_ENG Convention], and the [https://www.europarl.europa.eu/charter/pdf/text_en.pdf EU Charter], and conflicted with EU rules on free movement of capital. They argued that the law violated freedom of association by imposing detailed reporting and public disclosure obligations that could deter donors and limit NGO activities. They also contended that the legislative process was unconstitutional, as debate in the National Council was limited and curtailed, preventing meaningful discussion. Additionally, they requested that the Court refer a question to the Court of Justice of the European Union for a preliminary ruling. On 11 August 2025, the Public Defender of Rights (the Ombudsman) also filed a motion to challenge the law. The Ombudsman emphasised that NGOs, especially those promoting human rights, perform a public watchdog function and therefore require protection from disproportionate state interference. He argued that the disclosure obligations were not necessary t