Slovak Criminal Code Changes Threaten Free Speech

New Law, Old Injustice: The Return of the Beneš Decrees to Slovak Politics

In an alarming move, on December 11, the Slovak Parliament adopted an amendment to the Criminal Code section on incitement to war, crimes against humanity, acts of terror and extremism. Introduced by the governing coalition, the new provision criminalizes “any person who “publicly denies” or “calls into question” the “settlement of conditions”established after the Second World War, making such speech punishable by up to six months imprisonment.

The amendment—introduced by the governing coalition—was adopted under accelerated legislative procedure following a tense parliamentary session marked by obstruction and even physical altercation. It passed 76–60.

Altercation in Slovak Parliament on December 11. – source: Facebook

At the heart of the change lie the Beneš Decrees [1], a set of post–World War II Czechoslovak laws. Thirteen of these decrees imposed collective guilt on the country’s ethnic German and Hungarian minorities, resulting in loss of citizenship, confiscation of property, forced labor, and mass deportation.These decrees and subsequent regulations continue to serve as the legal foundation for ethnic-based expropriations of private property—still carried out without compensation—against individuals of Hungarian and German descent.  [Read latest report and executive summary]Now, with the passage of this law, publicly discussing or attempting to seek remedy for this ongoing human rights violation is a criminal offense punishable by imprisonment. 

There has hardly been a more anti-Hungarian move in the past 35 years

Zoltán Szalay, Napunk, December 12, 2025

László Gubík, President of the Hungarian Alliance (Magyar Szövetség) called the move “absurd” and “an unprecedented curtailment of free speech.” “Human rights advocates, historians, human rights victims and those political forces representing them are all potentially subject to six months imprisonment… Since the law does not define post-war ‘settlement of conditions,’ a historian organizing an academic conference, a filmmaker producing a documentary, a private individual speaking out in defense of their own property or a politician speaking out in connection with measures taken after 1945 could potentially be exposed to criminal liability.” [Facebook video, December 11, 2025]

Not a historical matter: How legalized ethnic discrimination is carried out today

Slovakia’s 462,000-strong Hungarian minority [2] has yet to receive, compensation, or restitution for the WWII-era abuses committed under the decrees. On the contrary, since at least 2009, the relevant Beneš Decrees are being implemented through most notably Slovak National Council Ordinance No. 104/1945, which originally mandated the ethnic-based land seizures. In a November 25, 2025 letter to the UN Special Rapporteur on Minority Issues, the Hungarian Alliance urged an investigation into these practices:

“Today, Slovak state bodies maintain that these decrees are merely historical documents with no present legal effect. However, in practice, the principle of collective guilt is still being applied. Under the pretext of “correcting” historical administrative mistakes, Slovak authorities have revived unenforced confiscation orders to expropriate land from descendants.

These actions are not isolated administrative anomalies. Rather, they form a systematic effort by state institutions—including the Slovak Land Fund and the State Forests company—to obtain valuable land without compensation. Since 2019, at least 800 hectares have been transferred to the state in this manner, primarily in southern Slovakia where members of the Hungarian minority reside. The value of the affected land already exceeds one billion euros. These proceedings are conducted quietly, often without proper notice or effective legal remedy.”

This issue is not new. In 2007, then–U.S. House Foreign Affairs Committee Chairman Tom Lantos warned Slovak Prime Minister Robert Fico about the potential for such abuse, urging him to “ensure that ethnic Hungarians are treated as equal citizens in Slovakia.”
 

What Comes Next?

  The continued practice of land seizures, now combined with the new criminal law amendment, raises serious constitutional, rule-of-law, free speech and minority rights concerns.

Despite the threatening environment, the Hungarian Alliance has vowed to continue seeking public and political support to end the state’s land seizures. Prior to the vote, on December 9, it convened an experts’ consultation with parliamentary political parties attended only by the Progressive Slovakia (PS) and Slovensko movement.

While the Hungarian Alliance has called on Slovak President Peter Pellegrini to veto the legislation, for which he has 15 days after receipt, it is likely that parliament would simply readopt a similar text. Though difficult, a Constitutional Court challenge may be a viable avenue given the amendment’s clear violation of free speech protections.

Meanwhile, the central question remains: Will unfounded claims that Slovakia’s existence is at risk, simply because the Hungarian minority seeks equality and an end to discrimination, continue to fuel tensions, and will the land seizures continue?
   

Read further:

Hungarian Human Rights Foundation – On the Radar

Federal Union of European Nationalities Calls on EU to Act over Systematic Ethnic-Based Land Confiscations in Slovakia, December 12, 2025

Central European Times: “Slovakia’s Beneš decree dispute reopens old wounds, and new political calculations,” December 9, 2025

Washington Times Letter to the Editor: “Slovakia’s using wartime decrees to take land,”December 8, 2025

Politico: “Ethnic Discrimination is alive and kicking in Slovakia,” October 28, 2022

Foreign Policy: “Why Is Ethnic Discrimination Still Legal in Slovakia,” March 12, 2022

European Parliament: Legal Opinion on the Bene-Decrees and the accession of the Czech Republic to the European Union, October 2002

[1] The term Beneš Decrees refers collectively to 143 presidential decrees issued in 1945 by Edvard Beneš, President of Czechoslovakia. The stated purpose of these legal acts was to restore the state and legal order following the Second World War.In 2007, the Slovak Parliament reaffirmed the “inviolability” of the Decrees prompting alarm. See 2007 Letter on Beneš Decrees from Chairman Tom Lantos of the US Congressional Committee on Foreign Affairs to Slovak Prime Minister Fico   [2] 2021 Slovak census data
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