MOD believes current legislation restricting soldiers' right to association in trade unions has its justification, yet it will respect Constitutional Court's ruling

Taking good care of and creating a quality environment for performance of Active Duty Soldiers State Service in all its respects, including the guarantee and protection of soldiers' rights, interests and legal certainty, is treated as a priority by the MOD leadership.

In the interest of enhancing the protection of soldiers' individual human rights and interests, the MOD is preparing an alternative to afford military personnel the right to defend themselves against any unlawful action by their superior or the State. Towards this end, the Armed Forces Ombudsman is the right institution.

Defence Minister Jaroslav Naď said: “I must admit the public rights defender and I have different opinions on introducing the right to association in trade unions for service personnel or on how to fulfil this right. For this reason, I also welcome her initiative to review the constitutional legality of the legislative obstacle to the right to union representation for servicemen and women. We'll see what the ruling of the SVK Constitutional Court on this matter will be. Of course, we'll fully respect it.”

On changes to the hierarchical arrangements of the SVK Armed Forces system, Defence Minister Jaroslav Naď said: “I firmly believe that the ex-service personnel's increased interest in trade unions is motivated by their sincere interest in further improving Service conditions rather than being driven by their desire for personal benefit and vision of their own employment prospects. Indeed, soldiers and their Service conditions are our priority. However, when considering any changes, we must take into account their systematicity and full compliance with the arrangements in place for the defence of the Slovak Republic and its security interests.”

According to the Defence Minister, on joining the Services every serviceman and woman consents to legal limits on the exercise of certain rights. Yet, admittedly, the military personnel's right to organise in trade unions has its justification and should be considered especially in the context of the SVK Armed Forces' specific mission and purpose for which armed forces exist all over the world.

Defence Minister Jaroslav Naď said: “In my capacity as a Shadow Minister of Defence I would point to a certain disproportionate dominance of the employer, i.e. the SVK Armed Forces, which reflects, so to say, my personal interest in this matter. This is also evidenced by the fact that this issue was worked into the SVK Government Manifesto 2020-2024. Since joining the executive, my colleagues and I at the Ministry of Defence have been doing the maximum to put matters right in this case.”

In this respect, he further clarified that the MOD has already formulated the concept for introducing the Armed Forces Ombudsman institution. “By the end of 2021, we would like to submit it to pass through the legislative process as part of (Amendment) Bill No. 281/2015 on Active Duty Soldiers State Service, which aims to enhance the quality of Service conditions,” he added.

Defence Minister Jaroslav Naď is convinced that the Armed Forces Ombudsman, an institution that has proved to be an effective instrument for safeguarding the rights of servicemen and women in several countries such as the United Kingdom, Germany, Ireland, Sweden and Bosnia and Herzegovina, is a viable solution to redressing this long-term disadvantage faced by service personnel.