Prosecutor General Maroš Žilinka filed a formal prosecutor’s protest on Tuesday, July 28, against a March 5 decision by Slovak President Peter Pellegrini that imposed a disciplinary penalty on Slovak Information Service (SIS) Director Pavol Gašpar. According to Žilinka’s public announcement on social media, the prosecutor is asking the president to revoke the challenged decision in its entirety on the grounds that it is unlawful.
The core of the legal challenge centers on statutory violations within the disciplinary process. Žilinka stated that the president’s decision breached provisions of the state service law governing members of the Police Corps, the Slovak Information Service, the Corps of Prison and Court Guard, and the Railway Police. Furthermore, the prosecutor noted that the president acted as an administrative body without clearly identifying the specific offense in the ruling text, raising concerns that the act could be confused with another incident.
Grounds for the Prosecutor’s Challenge and Procedural Flaws
Žilinka outlined multiple procedural shortcomings in how the head of state handled the case against the intelligence chief. According to the prosecutor’s filing, the president failed to accurately and completely determine the true state of affairs and neglected to establish the full extent of the unlawful conduct before issuing a premature decision. Additionally, the filing asserts that Pellegrini omitted proper reasoning regarding the evaluation of case file evidence, rendering the decision arbitrary and unexaminable.
The protest also addresses the financial penalty imposed for behavior bearing the signs of a misdemeanor. Žilinka argued that the president failed to investigate the decisive facts for such an infraction and levied a disciplinary fine that explicitly exceeded the upper limit established by special law for misdemeanor-level conduct. The Office of the President of the Slovak Republic confirmed it would review the text of the prosecutor’s decision upon receipt and address it in accordance with the law.
Did You Know? The disciplinary proceedings originated from an automobile incident involving SIS Director Pavol Gašpar on August 30 of last year on Dobšinská Street in Nitra, where breathalyzer tests administered by police to both drivers returned negative results for alcohol.
Background of the Disciplinary Measure Against the SIS Director
President Pellegrini initiated the disciplinary procedure against the intelligence agency director in January, acting in his capacity as the direct superior organ of the SIS chief. In early March, the president concluded the process by penalizing Gašpar with a one-month salary deduction of 15 percent over the traffic accident. At the time, the president stated he saw no grounds to draw further consequences based on a submission from the opposition party SaS, adding that no legal regulation prohibits the SIS chief from having a tattoo.
Prior to the president’s March conclusion, opposition party SaS raised multiple allegations regarding the crash. According to SaS statements, Gašpar drove in slip-on shoes, repeatedly attempted to leave the accident scene, and contacted the head of the Nitra police—who subsequently arrived in civilian clothes—though the intelligence director maintained he was merely passing through the area.
Frequently Asked Questions
When did Prosecutor General Maroš Žilinka file the protest?
Žilinka filed the prosecutor’s protest on Tuesday, July 28.
What specific penalty did President Peter Pellegrini originally impose on Pavol Gašpar?
The president penalized the SIS director with a one-month salary reduction of 15 percent following a disciplinary proceeding tied to a traffic accident.
What does the prosecutor propose the president should do?
The prosecutor proposes that the president revoke the contested disciplinary decision in its entirety as unlawful.
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