Slovakia’s Prime Minister Robert Fico has ordered a halt to emergency electricity supplies to Ukraine, a move that legal experts say may be unlawful and could jeopardize Slovakia’s contractual obligations. The directive, issued to the state-owned electricity transmission system operator SEPS, was announced by Fico on Monday following a visit to the company’s headquarters.
The decision impacts a pre-existing agreement to provide up to 150 megawatts of emergency power to Ukraine, a service initiated following Russia’s invasion in 2022 to bolster the stability of the Ukrainian grid. According to data from SEPS, Ukraine accounted for approximately 16 percent of Slovakia’s total electricity exports in 2023, receiving 2.9 terawatt-hours of electricity, while Hungary was the largest recipient with 14.7 terawatt-hours.
While Fico initially framed the move as a fulfillment of campaign promises, subsequent statements suggested a desire to coordinate the decision with Minister of Economy Ladislav Kamenický. However, legal scholars argue that even coordination with the minister does not legitimize the order, as SEPS, despite being fully state-owned, is still bound by contractual obligations and cannot simply act on ministerial directives.
“It is questionable whether a shareholder can even order SEPS to interrupt emergency electricity supplies to Ukraine,” stated lawyer Radovan Pala. “Even if they can, the statutory body, i.e., the board of directors, has a duty to reject such an order if it causes damage. The statutory body would bear the responsibility, including criminal responsibility.”
Analysts suggest the directive primarily targets the emergency assistance component of the power supply, rather than the regular electricity flows that are integral to the interconnected European grid. Radovan Potočár, an energy analyst, explained that while Slovakia is a net exporter of electricity and routinely engages in power exchange with neighboring countries to balance supply and demand, the emergency assistance represents a separate, critical function. “These are extraordinary emergency supplies at certain times when a system collapse threatens,” Potočár said. “These are relatively small amounts of megawatt-hours, but they are delivered at critical moments.”
The move has prompted criticism from opposition parties, with SaS filing a criminal complaint against Fico. Concerns have also been raised about the potential for destabilizing the broader European power grid, as Ukraine serves as a crucial transit point for Russian oil and a key link in the European energy network. Former Deputy Minister of Economy Karol Galek warned that a sudden disruption of this connection could trigger a blackout across Europe.
Potočár indicated that SEPS could potentially terminate the emergency assistance agreement, but doing so would likely involve a formal contract termination process. He added that while halting the emergency supplies may not “collapse” Ukraine’s power system, it represents a “low blow.”
As of Wednesday, SEPS has not publicly commented on how it will implement Fico’s directive, and the legal ramifications of the order remain unclear. No official communication has been released regarding potential negotiations with Ukraine’s Ukrenerho to amend or terminate the existing agreement.
