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CONSTITUTIONAL ACTS AMENDING THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA


CONSTITUTIONAL ACT AMENDING ARTICLE 68 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA*

I

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia No. 33/91-I) Article 68 is hereby amended and reads as follows:

"Aliens may acquire ownership rights to real estate under conditions provided by law or if so provided by a treaty ratified by the National Assembly, under the condition of reciprocity.

Such law and treaty from the preceding paragraph shall be adopted by the National Assembly by a two-thirds majority vote of all deputies."

II

This constitutional act shall enter into force upon its proclamation in the National Assembly.
* Adopted on 14 July 1997 (Official Gazette of the Republic of Slovenia, No. 42/97).


CONSTITUTIONAL ACT AMENDING ARTICLE  80 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA*

I

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia Nos. 33/91-I and 42/97) a fifth paragraph is hereby added to Article 80 and reads as follows:

"Deputies, except for the deputies of the national communities, are elected according to the principle of proportional representation with a four-percent threshold required for election to the National Assembly, with due consideration that voters have a decisive influence on the allocation of seats to the candidates."

II

The elections of deputies to the National Assembly in the year 2000 and until an amendment to the law regulating the elections to the National Assembly comes into force, shall be held pursuant to the National Assembly Elections Act (Official Gazette of the Republic of Slovenia Nos. 44/92, 60/95, 67/97 - Constitutional Court Decision) whereby:
  • - candidate lists which receive less than four percent of all votes in the country shall not be further considered in the allocation of seats;
  • - the Droop quota shall be applied in the allocation of seats in constituencies pursuant to Article 90 of the National Assembly Elections Act;
  • - in the allocation of seats at the state level pursuant to Article 92 of the same Act, the sum of votes cast for the same candidate lists shall be considered, provided that they were on the ballot in two or more constituencies, whereby the same candidate lists are allocated as many seats as amount to the difference between the number of seats which would have been allocated on the basis of the sum of votes received at the state level, and the number of seats received in constituencies;
  • - in the allocation of seats at the state level, the second paragraph of Article 93 of the same Act shall not apply.
This constitutional act shall enter into force upon its proclamation in the National Assembly.

Official Gazette of the Republic of Slovenia, No. 66/2000 of 26 July 2000

CONSITUTIONAL ACT AMENDING CHAPTER I AND ARTICLES 47 AND 68 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA (UZ3a, 47, 68)

I
 
Article 1

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-l, 42/97 and 66/2000) a new Article 3a is hereby added after Article 3 and reads as follows:

Article 3a

"Pursuant to a treaty ratified by the National Assembly by a two-thirds majority vote of all deputies, Slovenia may transfer the exercise of part of its sovereign rights to international organisations which are based on respect for human rights and fundamental freedoms, democracy and the principles of the rule of law and may enter into a defensive alliance with states which are based on respect for these values.

Before ratifying a treaty referred to in the preceding paragraph, the National Assembly may call a referendum. A proposal shall pass at the referendum if a majority of voters who have cast valid votes vote in favour of such. The National Assembly is bound by the result of such referendum. If such referendum has been held, a referendum regarding the law on the ratification of the treaty concerned may not be called.

Legal acts and decisions adopted within international organisations to which Slovenia has transferred the exercise of part of its sovereign rights shall be applied in Slovenia in accordance with the legal regulation of these organisations.

In procedures for the adoption of legal acts and decisions in international organisations to which Slovenia has transferred the exercise of part of its sovereign rights, the Government shall promptly inform the National Assembly of proposals for such acts and decisions as well as of its own activities. The National Assembly may adopt positions thereon, which the Government shall take into consideration in its activities. The relationship between the National Assembly and the Government arising from this paragraph shall be regulated in detail by a law adopted by a two-thirds majority vote of deputies present."

Article 2

Article 47 is hereby amended to read as follows:

"No citizen of Slovenia may be extradited or surrendered unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of Article 3a, Slovenia has transferred the exercise of part of its sovereign rights to an international organisation."

Article 3

Article 68 is hereby amended to read as follows:

"Aliens may acquire ownership rights to real estate under conditions provided by law or a treaty ratified by the National Assembly."
 
II

The Referendum and People"s Initiative Act (Official Gazette of the Republic of Slovenia Nos. 15/94, 13/95 - Constitutional Court decision, 34/96 - Constitutional Court decision, 38/96, 43/96 - Constitutional Court decision, 59/2001 and 11/2003 - Constitutional Court decision) must be brought into conformity with this constitutional act within one year of it entering into force.

Until the Referendum and People"s Initiative Act has been brought into such conformity, the referendums referred to in Article 1 of this constitutional act (the second paragraph of Article 3a of the Constitution) shall be held on the basis of the provisions of Chapter III of the Referendum and People"s Initiative Act.

For the holding of referendums on the accession of Slovenia to the European Union and to the North Atlantic Treaty Organization, the provisions of Article 1 of this constitutional act (the second paragraph of Article 3a of the Constitution) and the provisions of Chapter III of the Referendum and People's Initiative Act shall apply.

This constitutional act shall enter into force upon its promulgation in the National Assembly of the Republic of Slovenia. 

Official Gazette of the Republic of Slovenia, No. 24/03 of 7 March 2003
 
CONSTITUTIONAL ACT AMENDING ARTICLE 14 OF THE CONSTIITUTION OF THE REPUBLIC OF SLOVENIA (UZ14)

Adopted on 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04 of 24 June 2004).

I

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-I, 42/97, 66/2000 and 24/03) in the first paragraph of Article 14 after the words “social status” a comma and the word “disability” are hereby added.
 
II

This Constitutional Act shall enter into force upon its promulgation in the National Assembly.
CONSTITITONAL ACT AMENDING ARTICLE 43 OF THE CONSITITON OF THE REPUBLIC OF SLOVENIA (UZ43)
 
Adopted on 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04 of 24 June 2004).
 
I
 
In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-I, 42/97, 66/2000 and 24/03) in Article 43 a new fourth paragraph is hereby added and reads as follows:
 
“The law shall provide the measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities.”
  
II
 
This Constitutional Act shall enter into force upon its promulgation in the National Assembly.

CONSTITUTIONAL ACT AMENDING ARTICLE 50 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA (UZ50)
 
Adopted on 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04 of 24 June 2004).

I
 
In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-I, 42/97, 66/2000 and 24/03) the first paragraph of article 50 is hereby amended to read as follows:
 
“Citizens have the right to social security, including the right to a pension, under conditions provided by law.”
 
II
 
This Constitutional Act shall enter into force upon its promulgation in the National Assembly.

CONSTITUTIONAL ACT AMENDING ARTICLES 121, 140, AND 143 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA (UZ121,140,143)*   

  
I.  
 
In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-l, 42/97, 66/00, 24/03, and 69/04) the following provisions are hereby amended:  
  
  Article 1 

The title of  Article 121 is hereby amended to read as follows : "(Public Authority)". 

The first paragraph is deleted. 

The second paragraph  is hereby amended to read as follows : 

" Legal entities and natural persons may be vested by law or on the basis thereof with the public authority to perform certain duties of the state administration .". 
  
 Article 2 

The second paragraph of  Article 140 is hereby amended to read as follows : 

"The state may by law transfer to municipalities the performance of specific duties within the state competence if it also provides financial resources to enable such .". 
  
Article 3 

The title of  Article 143 is hereby amended to read as follows : "(Region)". 
Article 143 is hereby amended to read as follows : 

"A region is a self-governing local community that manages local affairs of wider importance, and certain affairs of regional importance provided by law.  

Regions are established by a law which also determines their territory, seat, and name. Such law is adopted  by the National Assembly by a two-thirds majority vote of deputies present . The participation of the municipalities must be guaranteed in the procedure for adopting the law. 

The state transfers by law the performance of specific duties within the state competence to the regions and must provide to them the necessary financial resources to enable such .". 
    
II.  

This Constitutional Act shall enter into force upon its promulgation in the National Assembly of the Republic of Slovenia. 
  
*    Adopted on 20 June 2006 and entered into force on 27 June 2006 ( Official Gazette of the Republic of Slovenia No. 68/06 of 30 June 2006).  


CONSTITUTIONAL ACT AMENDING ARTICLES 90, 97, AND 99 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA (UZ90,97,99)*
I.

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia Nos. 33/91-l, 42/97, 66/00, 24/03, 69/04, and 68/06) the following provisions are hereby amended:

Article 1

The first paragraph of Article 90 is hereby amended to read as follows:
“The National Assembly shall call a referendum on the entry into force of a law that it has adopted if so required by at least forty thousand voters.”

The second paragraph thereof is hereby amended to read as follows:
“A referendum may not be called:
- on laws on urgent measures to ensure the defence of the state, security, or the elimination of the consequences of natural disasters;
- on laws on taxes, customs duties, and other compulsory charges, and on the law adopted for the implementation of the state budget;
- on laws on the ratification of treaties;
- on laws eliminating an unconstitutionality in the field of human rights and fundamental freedoms or any other unconstitutionality.”

The fourth paragraph thereof is hereby amended to read as follows:
“A law is rejected in a referendum if a majority of voters who have cast valid votes vote against the law, provided at least one fifth of all qualified voters have voted against the law.”

Article 2

The fourth indent of the first paragraph of Article 97 is hereby deleted.

Article 3

The second sentence of the second paragraph of Article 99 is hereby deleted.

II.

The Referendum and Popular Initiative Act (Official Gazette RS, No. 26/07 – official consolidated text) shall be harmonised with Article 1 of this Constitutional Act within one year of its entry into force.

Until the Referendum and Popular Initiative Act is harmonised, the provisions of Article 1 of this Constitutional Act shall apply directly in conjunction with mutatis mutandis application of the Referendum and Popular Initiative Act. Until the Referendum and Popular Initiative Act is harmonised, Article 21 of the Referendum and Popular Initiative Act shall apply mutatis mutandis such that the Constitutional Court shall decide on any dispute between the proposer of a referendum and the National Assembly, if the latter rejects a request for the calling of a legislative referendum.

The provisions of Article 1 of this Constitutional Act do not apply to the initiatives referred to in Article 11 and the requests referred to in Article 12 of the Referendum and Popular Initiative Act filed before the entry into force of this Constitutional Act.

This Constitutional Act shall enter into force upon its promulgation in the National Assembly of the Republic of Slovenia.

* Adopted on 24 May 2013 and entered into force on 31 May 2013 (Official Gazette of the Republic of Slovenia No. 47/2013 of 31 May 2013).
 

CONSTITUTIONAL ACT AMENDING ARTICLE 148 OF THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA (UZ148)*
 
I.

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia Nos. 33/91-l, 42/97, 66/00, 24/03, 69/04, and 68/06) Article 148 is hereby amended to read as follows:

“Article 148
(Budgets)

All revenues and expenditures for the financing of public spending must be included in the budgets of the state.

Revenues and expenditures of the budgets of the state must be balanced in the medium-term without borrowing, or revenues must exceed expenditures. Temporary deviation from this principle is only allowed when exceptional circumstances affect the state.

The manner and the time frame of the implementation of the principle referred to in the preceding paragraph, the criteria for determining exceptional circumstances, and the course of action when they arise, shall be determined by a law adopted by the National Assembly by a two-thirds majority vote of all deputies.

If a budget has not been adopted by the first day it is due to be implemented, the beneficiaries financed by the budget are temporarily financed in accordance with the previous budget.”

II.

The National Assembly shall adopt the law referred to in the third paragraph of the amended Article 148 of the Constitution within six months of the entry into force of this Constitutional Act.

The second paragraph and the law referred to in the third paragraph of the amended Article 148 of the Constitution shall first apply for the preparation of the budgets of the state for 2015. The obligation to gradually adjust in order to prepare the state budget for 2015 in accordance with the amended Article 148 shall take effect upon the promulgation of this Constitutional Act.

This Constitutional Act shall enter into force upon its promulgation in the National Assembly of the Republic of Slovenia.

* Adopted on 24 May 2013 and entered into force on 31 May 2013 (Official Gazette of the Republic of Slovenia No. 47/2013 of 31 May 2013).

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