PDP1 Legal aid for strong civil society

Civil society in Slovakia and neighbouring countries is facing increasing pressure from those in power. Political representatives use a range of methods and measures aimed at narrowing the space for active civil society. In addition to verbal attacks and efforts to undermine trust in the work of civil society organisations through false or misleading information, these include legislative changes, administrative inspections, and various types of legal action before courts and the police, including so-called SLAPPs, intended to intimidate active citizens and discourage them from engaging in public life. In Slovakia, we are experiencing all of these forms of restrictions on civic rights.

The proposed project is therefore based on VIA IURIS’ direct, first-hand experience, both as a civil society organisation and as an organisation with legal expertise that regularly provides legal assistance to other civil society organisations in various types of disputes and proceedings, while also advocating for legislative changes that protect civil society.

The project builds on VIA IURIS’ long-standing activities and objectives. Each year, a large number of individuals and organisations approach us seeking legal assistance. In the context of the current political situation, an increasing number of inquiries and requests concern two areas: obligations arising from legislation governing the operation of civil society organisations, and specific legal problems resulting from inspections or related to so-called SLAPP lawsuits or criminal complaints, where legal proceedings are used to intimidate or discourage civically active people from continuing their activities.

The main aim of the project is to strengthen VIA IURIS’ internal capacity to provide legal assistance to representatives of civil society.

We will address the needs of the public and civil society organisations through three approaches: developing manuals and guidebooks on complying with legal requirements related to their operations; providing answers to specific legal questions and legal consultations; and securing legal representation in proceedings before public authorities or courts in cases that meet the established criteria.

In the context of shrinking civic space in Slovakia, we will also monitor and identify legislative proposals that may threaten civic rights, such as the rights to association, assembly and petition, access to information, and freedom of expression. Where a legislative proposal would restrict the rights of civil society, we will prepare amendments, seek public support for them, and present them to relevant stakeholders. At the systemic level, these activities will contribute to protecting the space for a free and active civil society. The outcomes of these activities will remain dependent on the political situation and political will, but they will at least contribute to greater public awareness of these issues.

The main planned outputs of the project are: 3 manuals and guidebooks for civil society organisations on legal obligations related to their operations; at least 60 consultations on specific legal questions for civil society organisations and initiatives; legal representation in 10 cases before public authorities and courts; 3 educational workshops on legal obligations relevant to civil society organisations; and 5 legislative proposals for which amendments and advocacy strategies will be prepared.

The overall results will depend on the political situation, demand from civil society organisations, and the level of legislative activity. The estimates are based on VIA IURIS’ previous experience and knowledge.

The main result of the project will be strengthened civic space in Slovakia through legislative action and increased legal resilience of individual civil society organisations.

The first result will be achieved through changes to legislation: either through positive legislative changes that strengthen rights related to the functioning of civil society, or through the modification or rejection of harmful legislative proposals introduced by the Government or Members of Parliament, with the aim of protecting the public’s right to political participation. A favourable legislative environment for civil society is an essential prerequisite for protecting free civic space as part of a functioning democratic system.

The second result will be achieved through a combination of the activities and outputs planned throughout the project, including manuals and guidebooks, educational workshops, and legal assistance to individual organisations or activists, either through legal consultations or by securing legal representation in legal proceedings. These tools will provide organisations with reliable information that they can apply in their operations to ensure compliance with legal requirements and to address specific legal problems resulting from inspections or legal attacks, including SLAPPs.

Both results are sustainable and can help civil society organisations in the long term to prevent situations in which they may face fines or other adverse decisions by supervisory authorities, while also better preparing them to use appropriate legal procedures to protect themselves in legal disputes.