On July 15, 2026, Act No. 148/2026 Coll., amending Act No. 160/2015 Coll., the Civil Dispute Procedure Code, as amended, and amending Act No. 97/1963 Coll. on Private International Law and Rules of Procedure Relating Thereto, as amended (the “Amendment”), enters into effect.
The purpose of the Amendment is, in particular, to:
- revise the provisions governing a default judgment; and
- transpose into Slovak law Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’).
The Amendment sets out a minimum length for a time period determined by the court in civil proceedings, which may not be shorter than 15 days unless the law provides otherwise. With respect to a default judgment, the Amendment introduces the following changes:
- the court’s duty to issue a default judgment when the defendant or claimant fails to attend a hearing has been replaced by a discretionary power, i.e., the court is no longer required to issue such a judgment but may do so at its discretion;
- service of a default judgment on a defendant who is a natural person without legal representation by delivery to an electronic mailbox will no longer apply.
The Amendment further introduces a new type of proceedings concerning disputes against public participation (so-called SLAPP claims, derived from the English term “Strategic Lawsuits Against Public Participation”). A dispute against public participation refers to the pursuit of a manifestly unfounded claim or abusive court proceedings in a matter with cross-border implications brought against a person on account of their engagement in public participation.
The law defines public participation as any statement made or activity carried out by a natural person or a legal entity in the exercise of the right to freedom of expression, the right to information, the freedom of scientific research and the arts, or the freedom of assembly and the freedom of association, as well as any preparatory, supporting, or ancillary activity directly connected with such statement or activity, which concerns a matter of public interest.
The most significant elements of the new regime include:
- the power of the court, upon a motion by the defendant, to order the claimant to provide security for damages or an advance payment towards the costs of the proceedings;
- the power of the court to refuse a filing in the case of manifestly abusive proceedings and to invite the claimant to withdraw a manifestly unfounded action;
- an extended duty of the court to advise the defendant of its procedural rights;
- the power of the court to take evidence that has not been proposed by the defendant; and
- the power of the court to impose on the claimant a fine of up to 10% of the monetary amount claimed and not less than EUR 500, as well as to order the claimant to reimburse the defendant’s legal costs in excess of the statutory tariff.