Daktilo1984 conducted an interview with Dr. Richard Durana, director of the Institute of Economic and Social Studies (INESS), on Slovakia’s foreign agent law and its social and political implications.
Slovakia recently passed a Russian style Foreign Agents Registration Bill. Can you summarize the process of how this Bill was established? Which political parties are in favor of this bill?
It was a relatively short process that began right after the 2023 parliamentary elections. Prime Minister Fico, in his fourth election period, announced the introduction of legislation to label non-profits and civic organizations as foreign agents. He was inspired by the U.S. (FARA – the Foreign Agents Registration Act of 1938), Orbán’s Hungary, and Putin’s Russia.
However, the bill was not submitted to parliament by his SMER-Social Democracy party in 2024. It was his coalition partner, the Slovak National Party (SNS), which included this agenda in its election program. They proposed that any non-governmental organization whose annual income from abroad exceeds a certain threshold (often €5,000) be designated a “foreign agent.”
During parliamentary discussions, the term “foreign agent” was replaced with “foreign-funded organization,” but the original goal – to increase pressure and control over the non-governmental sector with foreign funding – remained unchanged.
In 2025, fundamental changes were made to legislation concerning non-profit organizations, which also affected the debate on labeling organizations with foreign support. However, the proposal to explicitly label non-profit organizations as “foreign-funded organizations,” if part of their income comes from abroad, was ultimately dropped from the approved version of the law, and a milder amendment was adopted, which in practice mainly affects transparency and data disclosure obligations.
Legislative status and obligations of non-profit organizations:
– The proposal for mandatory labeling of non-governmental organizations whose annual income from abroad exceeds a specified threshold (e.g., €5,000) as “organizations with foreign support” was reworded several times during the legislative process, and its most stringent parts were ultimately dropped from the proposal because they conflicted with constitutional and European standards.
– The approved amendment to the Non-Profit Organizations Act requires the following from June 1, 2025: i) Annual preparation of a transparency report by June 30 for the previous year, b) This obligation applies to civic associations and non-profit organizations if their income exceeds €35,000 per year, c) The report must contain an overview of income and expenditure, including sources of income and a detailed overview of donors (in the case of individual donors over EUR 5,000, in the case of companies/private foundations regardless of the amount), d) The requirements for the disclosure of contracts, invoices, and orders relating to the management of public funds have also been increased. Overall, we are experiencing the expanded powers of the state to inspect financing and the expanded possibilities for sanctions for non-compliance with these obligations.
The law came into force in June 2025. Ombudsman and some members of parliament have filed a complaint with the Constitutional Court, as there are concerns that the provisions are contrary to the rights to privacy and freedom of association.
How did the refugee crisis after the occupation of Ukraine affect Slovakians’ perceptions of NGOs?
First, it should be noted that most Ukrainian civilians fled from the Russian aggressor to Germany (approx. 1.3 million), then to Poland (approx. 1 million), and the Czech Republic (approx. 400,000, with the highest proportion of refugees per 1,000 inhabitants in Central Europe). In Slovakia, there are approximately 130,000 refugees with temporary protection. After the start of the Russian invasion of Ukraine, non-profit organizations played a key role in helping refugees — they responded much more quickly and effectively than the state — and their activities were accompanied by a wave of solidarity across society. However, as is becoming common in the current era of populism, politicians have managed to turn sentiment against non-profit organizations. Populist politicians are riding a wave of fear and economic uncertainty, and non-profit organizations are the easiest target for diverting attention from their own failures in governing the state.
To what extent do you receive legal and administrative pressure, threat, or restriction under the foreign agent law?
Since my organization does not receive public funding, we have not yet experienced legal or administrative pressure. Yes, the bureaucratic burden has increased, and we have more reporting duties. However, the biggest private foundations have already been the target of very thorough governmental audits, some of them repeatedly. Such audits usually take months and require resources from the affected organizations. For example, you have to provide a room for two government auditors and all the necessary personnel for the audit itself.
After the passing of the Foreign Agents Registration Bill in April this year, have you received any solidarity outside your country from International organizations (especially the EU), neighboring countries, and fellow foreign NGOs? Can you give any examples of solidarity areas?
Of course, as we are a member state of the European Union, the response came and was very clear. It came not only from EU institutions, but also from other international organizations. For all of them, I will mention at least the European Commission, which warned of legal consequences, pointing to the verdicts of the European Court of Justice against a similar law in Hungary. The Council of Europe Commissioner for Human Rights and other EU authorities also expressed their reservations, calling for the rejection of this law out of concern for restrictions on freedom of association and the rule of law. The issue also resonated with the public, and since April, several mass protests against this law have taken place in Bratislava and other cities.
Do you expect any paradigm shift in Slovakia with regard to the Foreign Agent Bill? Is there any possibility of revoking this legislation?
I know it’s not very optimistic, but I don’t foresee any improvement or repeal of this law under the current coalition government. We’ll be happy if the situation doesn’t worsen. I can only hope that the Slovak and Hungarian examples will not serve as inspiration for other governments and countries to strengthen their political power at the expense of citizens and civil society.