Legislative Backsliding and the Decline of Regulatory Quality: Assessing Law-Making Legitimacy in Slovakia

After decades of optimism about the sustainability of global democratization, a turning point has occurred: the process has not only stalled but has reversed, leading to worldwide dedemocratization (Sebok et al., 2023). This shift reflects a gradual transition from formerly democratic states toward non-democratic regimes. To describe these regimes and their drift toward authoritarianism, the term democratic backsliding is widely used (Haggard and Kaufman, 2021). It captures subtle, often incremental changes within originally democratic systems that gradually hollow out democratic institutions (Bermeo, 2016). The way laws are created and enforced directly shapes the quality of all other democratic components, including free elections, civil society, media freedom, and judicial independence. The rule of law and the regulatory process influence the extent to which the other mechanisms of democratic backsliding can be employed (Sebok, 2023). For this reason, the functioning and quality of the regulatory process are essential. Failure to uphold regulatory quality principles (RQPs) results in legislative backsliding (Sebok, 2023). Legislative backsliding is considered a component of broader democratic backsliding and can be measured through the quality of the regulatory process itself. This paper investigates the impact of using emergency legislation on law-making processes and RQPs. It examines the relationship between RQPs and the legitimacy of law-making, shifting the focus from regulatory outputs—commonly explored in existing research—to the process itself. Specifically, it analyses how transparency, stakeholder participation, and evidence-based decision-making shape the credibility of legislation. The analysis shows that a strong commitment to RQPs significantly enhances the legitimacy of the legislative process, reinforcing public trust and confidence in government. Focusing on Slovakia—previously recognised for its high pre-pandemic standards of regulatory quality— the research investigates whether regulatory quality in Slovakia declined between 1.1.2019 and 31.12.2025, in times of the pandemic, the war in Ukraine, and with the advent of a new government characterized by autocratic practices. By analysing transparency and stakeholder participation in primary legislation passed in observed period, the research reveals a potential decline in democratic accountability and an increased risk of legislative backsliding, as part of democratic backsliding. The misuse of emergency powers by the Fico´s government indicates a significant weakening of governance legitimacy. The findings provide insights into the long-term effects of crisis-driven law-making and populist governance on the resilience of RQPs and democratic legitimacy. The paper contributes original empirical evidence on the dynamics of regulatory quality and democratic processes within the Visegrad countries, a context characterised by pronounced variation in governance practices.