About the CourtLegal BasisConstitutionIV. ORGANISATION OF THE STATE

IV. ORGANISATION OF THE STATE


a) The National Assembly
Article 80*
(Composition and Election)

The National Assembly is composed of deputies of the citizens of Slovenia and comprises ninety deputies.

Deputies are elected by universal, equal, direct, and secret voting.

One deputy of the Italian and one deputy of the Hungarian national communities shall always be elected to the National Assembly.

The electoral system shall be regulated by a law passed by the National Assembly by a two-thirds majority vote of all deputies.

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.

*As amended by the Constitutional Act Amending Article 80 of the Constitution of the Republic of Slovenia, 25 July 2000 (Official Gazette of the Republic of Slovenia No. 66/00).

The original text of Article 80 read as follows:

The National Assembly is composed of deputies of the citizens of Slovenia and comprises ninety deputies.

Deputies are elected by universal, equal, direct, and secret voting.

One deputy of the Italian and one deputy of the Hungarian national communities shall always be elected to the National Assembly.

The electoral system shall be regulated by a law passed by the National Assembly by a two-thirds majority vote of all deputies.

Article 81
(Term of the National Assembly)

The National Assembly is elected for four years.

If the term of the National Assembly expires during a war or state of emergency, its term shall expire six months after the end of the war or state of emergency, or earlier if the National Assembly itself so decides.

Elections to the National Assembly are called by the President of the Republic. A new National Assembly shall be elected no sooner than two months and no later than fifteen days before the expiry of four years from the date of the first session of the previous National Assembly. If the National Assembly is dissolved, a new National Assembly shall be elected no later than two months after the dissolution of the previous one. The term of the previous National Assembly shall end on the first session of the new National Assembly, which shall be called by the President of the Republic no later than twenty days after the election of the new National Assembly.

Article 82
(Deputies)

Deputies of the National Assembly are representatives of all the people and shall not be bound by any instructions.

The law shall establish who may not be elected a deputy, and the incompatibility of the office of deputy with other offices and activities.

The National Assembly confirms the election of deputies. In accordance with the law, an appeal may be made before the Constitutional Court against a decision of the National Assembly.

Article 83
(Immunity of Deputies)

No deputy of the National Assembly shall be criminally liable for any opinion expressed or vote cast at sessions of the National Assembly or its working bodies.

No deputy may be detained nor, where such deputy claims immunity, may criminal proceedings be initiated against him without the permission of the National Assembly, except where such deputy has been apprehended committing a criminal offence for which a prison sentence of over five years is prescribed.

The National Assembly may also grant immunity to a deputy who has not claimed such immunity or who has been apprehended committing such criminal offence as referred to in the preceding paragraph.

Article 84
(President of the National Assembly)

The National Assembly has a president who is elected by a majority vote of all deputies.

Article 85
(Sessions of the National Assembly)

The National Assembly meets in regular and extraordinary sessions.

Regular and extraordinary sessions are called by the President of the National Assembly; an extraordinary session must be called if so required by at least a quarter of the deputies of the National Assembly or by the President of the Republic.

Article 86
(Decision-making)

The National Assembly may pass decisions if a majority of deputies are present at the session. The National Assembly adopts laws and other decisions and ratifies treaties by a majority of votes cast by those deputies present, except where a different type of majority is provided by the Constitution or by law.

Article 87
(Legislative Power of the National Assembly)

The rights and duties of citizens and other persons may be determined by the National Assembly only by law.

Article 88
(Legislative Initiative)

Laws may be proposed by the Government or by any deputy. Laws may also be proposed by at least five thousand voters.

Article 89
(Legislative Procedure)

The National Assembly shall pass laws in a multiphase procedure unless otherwise provided by its rules of procedure.

Article 90*
(Legislative Referendum)

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.

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 right to vote in a referendum is held by all citizens who are eligible to vote in elections.

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.

Referendums are regulated by a law passed in the National Assembly by a two-thirds majority vote of deputies present.

*As amended by the Constitutional Act Amending Articles 90, 97, and 99 of the Constitution of the Republic of Slovenia, which was adopted on 24 May 2013 and entered into force on 31 May 2013 (Official Gazette of the Republic of Slovenia No. 47/13).

The original text of Article 90 read as follows:

"The National Assembly may call a referendum on any issue which is the subject of regulation by law. The National Assembly is bound by the result of such referendum.

The National Assembly may call a referendum from the preceding paragraph on its own initiative, however it must call such referendum if so required by at least one third of the deputies, by the National Council or by forty thousand voters.

The right to vote in a referendum is held by all citizens who are eligible to vote in elections.

A proposal is passed in a referendum if a majority of those voting have cast votes in favour of the same.

Referendums are regulated by a law passed in the National Assembly by a two-thirds majority vote of deputies present."

Article 91
(Promulgation of Laws)

Laws are promulgated by the President of the Republic no later than eight days after they have been passed.

The National Council may within seven days of the passing of a law and prior to its promulgation require the National Assembly to decide again on such law. In deciding again, a majority of all deputies must vote for such law to be passed unless the Constitution envisages a higher majority for the passing of the law under consideration. Such new decision by the National Assembly is final.

Article 92
(War and State of Emergency)

A state of emergency shall be declared whenever a great and general danger threatens the existence of the state. The declaration of war or state of emergency, urgent measures, and their repeal shall be decided upon by the National Assembly on the proposal of the Government.

The National Assembly decides on the use of the defence forces.

In the event that the National Assembly is unable to convene, the President of the Republic shall decide on matters from the first and second paragraphs of this article. Such decisions must be submitted for confirmation to the National Assembly immediately upon it next convening.

Article 93

(Parliamentary Inquiry)

The National Assembly may order inquiries on matters of public importance, and it must do so when required by a third of the deputies of the National Assembly or when required by the National Council. For this purpose it shall appoint a commission which in matters of investigation and examination has powers comparable to those of judicial authorities.

Article 94
(Rules of Procedure of the National Assembly)

The National Assembly has rules of procedure which it adopts by a two-thirds majority vote of deputies present.

Article 95

(Remuneration of Deputies)

Deputies of the National Assembly receive such salary or remuneration as are established by law.

b) The National Council

Article 96
(Composition)

The National Council is the representative body for social, economic, professional, and local interests. The National Council has forty members.

It is composed of:

  • four representatives of employers;
  • four representatives of employees;
  • four representatives of farmers, crafts and trades, and independent professions;
  • six representatives of non-commercial fields;
  • twenty-two representatives of local interests.
The organisation of the National Council is regulated by law.

Article 97*
(Powers of the National Council)

The National Council may:

  • propose to the National Assembly the passing of laws;
  • convey to the National Assembly its opinion on all matters within the competence of the National Assembly;
  • require the National Assembly to decide again on a given law prior to its promulgation;
  • require inquiries on matters of public importance as referred to in Article 93.
Where required by the National Assembly, the National Council must express its opinion on an individual matter.

*As amended by the Constitutional Act Amending Articles 90, 97, and 99 of the Constitution of the Republic of Slovenia, which was adopted on 24 May 2013 and entered into force on 31 May 2013 (Official Gazette of the Republic of Slovenia No. 47/13).

The original text of Article 97 read as follows:

"The National Council may:
  • propose to the National Assembly the passing of laws;
  • convey to the National Assembly its opinion on all matters within the competence of the National Assembly;
  • require the National Assembly to decide again on a given law prior to its promulgation;
  • require the calling of a referendum as referred to in the second paragraph of Article 90;
  • require inquiries on matters of public importance as referred to in Article 93.

Where required by the National Assembly, the National Council must express its opinion on an individual matter."

Article 98
(Election)

Election to the National Council shall be regulated by a law passed by the National Assembly by a two-thirds majority vote of all deputies.

Members of the National Council are elected for a term of five years.

Article 99*
(Decision-Making)

The National Council may pass decisions if a majority of members are present at the session.

The National Council decides by a majority of votes cast by those members present.

*As amended by the Constitutional Act Amending Articles 90, 97, and 99 of the Constitution of the Republic of Slovenia, which was adopted on 24 May 2013 and entered into force on 31 May 2013 (Official Gazette of the Republic of Slovenia No. 47/13).

The original text of Article 99 read as follows:

"The National Council may pass decisions if a majority of members are present at the session.

The National Council decides by a majority of votes cast by those members present. Decisions requiring the calling of a referendum shall be adopted by the National Council by a majority vote of all members."

Article 100
(Immunity and Incompatibility of Office)

A member of the National Council may not at the same time be a deputy of the National Assembly.

Members of the National Council enjoy the same immunity as deputies. Immunity is decided upon by the National Council.

Article 101
(Rules of Procedure of the National Council)

The National Council has rules of procedure which it adopts by a majority vote of all members.

c) President of the Republic

Article 102
(Office of President of the Republic)

The President of the Republic represents the Republic of Slovenia and is commander-in-chief of its defence forces.

Article 103
(Election of the President of the Republic)

The President of the Republic is elected in direct, general elections by secret ballot.

The candidate who receives a majority of the valid votes cast is elected President of the Republic.

The President of the Republic is elected for a term of five years and may be elected for a maximum of two consecutive terms. If the term of office of the President of the Republic expires during a war or state of emergency, the President?s term shall expire six months after the cessation of such war or state of emergency.

Only a citizen of Slovenia may be elected President of the Republic. Elections to the office of President of the Republic are called by the President of the National Assembly. The President of the Republic must be elected no later than fifteen days before the expiry of the term of the incumbent President.

Article 104
(Oath of Office of the President of the Republic)

Before taking office, the President of the Republic shall swear the following oath before the National Assembly:

"I swear that I shall uphold the constitutional order, that I shall act according to my conscience and that I shall do all in my power for the good of Slovenia."

Article 105
(Incompatibility of the Office of President of the Republic)

The office of President of the Republic is incompatible with any other public office or occupation.

Article 106
(Deputisation of the President of the Republic)

In the event of permanent absence, death, resignation, or other cessation of performing the office of President, the President of the National Assembly shall temporarily perform the duties of the office of President of the Republic until the election of a new President of the Republic. In such event, elections for a new President of the Republic must be called no later than fifteen days after the cessation of office of the previous President of the Republic.

The President of the National Assembly also temporarily performs the duties of the office of President of the Republic during any absence of the President of the Republic.

Article 107
(Powers of the President of the Republic)

The President of the Republic:

  • calls elections to the National Assembly;
  • promulgates laws;
  • appoints state officials where provided by law;
  • appoints and recalls ambassadors and envoys of the Republic, and accepts the letters of credence of foreign diplomatic representatives;
  • issues instruments of ratification;
  • decides on the granting of clemency;
  • confers decorations and honorary titles;
  • performs other duties determined by this Constitution.

Where required by the National Assembly, the President of the Republic must express his opinion on an individual issue.

Article 108
(Decrees with the Force of Law)

In the event that the National Assembly is unable to convene due to a state of emergency or war, the President of the Republic may, on the proposal of the Government, issue decrees with the force of law.

Such decrees may, in exception, restrict individual rights and fundamental freedoms as provided by Article 16 of this Constitution.

The President of the Republic must submit decrees with the force of law to the National Assembly for confirmation immediately upon it next convening.

Article 109
(Accountability of the President of the Republic)

If in the performance of his office the President of the Republic violates the Constitution or seriously violates the law, he may be impeached by the National Assembly before the Constitutional Court. The Constitutional Court shall decide either that the impeachment charges are justified or it shall dismiss the charges, and it may further decide on relieving the President of office by a two-thirds majority vote of all judges. Upon receiving a resolution on impeachment from the National Assembly, the Constitutional Court may decide that pending a decision on impeachment the President of the Republic may not perform his office.

č) The Government

Article 110
(Composition of the Government)

The Government is composed of the president and ministers. Within the scope of their powers, the Government and individual ministers are independent and accountable to the National Assembly.

Article 111
(Election of the President of the Government)

After consultation with the leaders of deputy groups the President of the Republic proposes to the National Assembly a candidate for President of the Government.

The President of the Government is elected by the National Assembly by a majority vote of all deputies unless otherwise provided by this Constitution. Voting is by secret ballot.

If such candidate does not receive the necessary majority of votes, the President of the Republic may after renewed consultation propose within fourteen days a new candidate, or the same candidate again, and candidates may also be proposed by deputy groups or a minimum of ten deputies. If within this period several candidates have been proposed, each one is voted on separately beginning with the candidate proposed by the President of the Republic, and if this candidate is not elected, a vote is taken on the other candidates in the order in which they were proposed.

If no candidate is elected, the President of the Republic dissolves the National Assembly and calls new elections, unless within forty-eight hours the National Assembly decides by a majority of votes cast by those deputies present to hold new elections for President of the Government, whereby a majority of votes cast by those deputies present is sufficient for the election of the candidate. In such new elections a vote is taken on candidates individually in order of the number of votes received in the earlier voting and then on the new candidates proposed prior to the new vote, wherein any candidate proposed by the President of the Republic takes precedence.

If in such elections no candidate receives the necessary number of votes, the President of the Republic dissolves the National Assembly and calls new elections.

Article 112

(Appointment of Ministers)

Ministers are appointed and dismissed by the National Assembly on the proposal of the President of the Government.

Prior to appointment a proposed minister must appear before a competent commission of the National Assembly and answer its questions.

Article 113
(Oath of Office of the Government)

Upon election and appointment respectively, the President of the Government and ministers shall swear before the National Assembly the oath of office provided by Article 104.

Article 114
(Organisation of the Government)

The President of the Government is responsible for ensuring the unity of the political and administrative direction of the Government and coordinates the work of ministers. Ministers are collectively accountable for the work of the Government, and each minister is accountable for the work of his ministry.

The composition and functioning of the Government, and the number, competencies, and organisation of ministries shall be regulated by law.

Article 115
(Termination of Office of the President of the Government and Ministers)

The President of the Government and ministers cease to hold office when a new National Assembly convenes following elections; ministers also cease to hold office whenever the President of the Government ceases to hold office and whenever such ministers are dismissed or resign; ministers must, however, continue to perform their regular duties until the election of a new President of the Government or until the appointment of new ministers.

Article 116
(Vote of No Confidence)

The National Assembly may pass a vote of no confidence in the Government only by electing a new President of the Government on the proposal of at least ten deputies and by a majority vote of all deputies. The incumbent President of the Government is thereby dismissed, but together with his ministers he must continue to perform his regular duties until the swearing in of a new Government.

No less than forty-eight hours must elapse between the lodging of a proposal to elect a new President of the Government and the vote itself, unless the National Assembly decides otherwise by a two-thirds majority vote of all deputies, or if the country is at war or in a state of emergency.

Where the President of the Government has been elected on the basis of the fourth paragraph of Article 111, a vote of no confidence is expressed in him if on the proposal of at least ten deputies, the National Assembly elects a new President of the Government by a majority of votes cast.

Article 117
(Vote of Confidence)

The President of the Government may require a vote of confidence in the Government. If the Government does not receive the support of a majority vote of all deputies, within thirty days the National Assembly must elect a new President of the Government or in a new vote express its confidence in the incumbent President of the Government, or failing this, the President of the Republic dissolves the National Assembly and calls new elections. The President of the Government may tie the issue of confidence to the adoption of a law or to some other decision in the National Assembly. If such decision is not adopted, it is deemed that a vote of no confidence in the Government has been passed.

No less than forty-eight hours must elapse between the requirement of a vote of confidence and the vote itself.

Article 118

(Interpellation)

An interpellation with respect to the work of the Government or an individual minister may be initiated in the National Assembly by at least ten deputies.

If, after the debate following such interpellation, a majority of all deputies carries a vote of no confidence in the Government or in an individual minister, the National Assembly dismisses the Government or said minister.

Article 119
(Impeachment of the President of the Government and Ministers)

The National Assembly may impeach the President of the Government or ministers before the Constitutional Court on charges of violating the Constitution and laws during the performance of their office. The Constitutional Court considers the charges in such a manner as determined in Article 109.

d) State Administration

Article 120
(Organisation and Work of the State Administration)

The organisation of the state administration, its competence and the manner of appointment of its officers are regulated by law.

Administrative authorities perform their work independently within the framework and on the basis of the Constitution and laws.

Judicial protection of the rights and legal interests of citizens and organisations is guaranteed against decisions and actions of administrative authorities and bearers of public authority.

Article 121*
(Public Authority)

By law or on the basis thereof, legal entities and natural persons may be vested with the public authority to perform certain duties of the state administration. 

*As amended by the Constitutional Act Amending Articles 121, 140 and 143 of the Constitution 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)

The original text of Article 121 read as follows:

“(Duties of Administrative Bodies)

Duties of the state administration are performed directly by ministries.

Self-governing communities, enterprises, other organisations, and individuals may be vested by law with public authority to perform certain duties of the state administration.”

Article 122
(Employment in the State Administration)

Employment in the state administration is possible only on the basis of open competition, except in cases provided by law.

e) National Defence

Article 123
(Duty to Participate in the National Defence)

Participation in the national defence is compulsory for citizens within the limits and in the manner provided by law.

Citizens who due to their religious, philosophical, or humanitarian convictions are not willing to perform military duties, must be given the opportunity to participate in the national defence in some other manner.

Article 124

(National Defence)

The form, extent, and organisation of the defence of the inviolability and integrity of the national territory shall be regulated by a law adopted by the National Assembly by a two-thirds majority vote of deputies present.

The conducting of defence is supervised by the National Assembly.

In the provision of security the state proceeds principally from a policy of peace, and an ethic of peace and non-aggression.

f) The Judiciary

Article 125
(Independence of Judges)

Judges shall be independent in the performance of the judicial function. They shall be bound by the Constitution and laws.

Article 126
(Organisation and Jurisdiction of Courts)

The organisation and jurisdiction of courts are determined by law.

Extraordinary courts may not be established, nor may military courts be established in peacetime.

Article 127
(The Supreme Court)

The Supreme Court is the highest court in the state.

It decides on ordinary and extraordinary legal remedies and performs other functions provided by law.

Article 128
(Participation of Citizens in the Exercise of Judicial Power)

The circumstances and form of the direct participation of citizens in the exercise of judicial power are regulated by law.

Article 129
(Permanence of Judicial Office)

The office of a judge is permanent. The age requirement and other conditions for election are determined by law.

The retirement age of judges is determined by law.

Article 130
(Election of Judges)

Judges are elected by the National Assembly on the proposal of the Judicial Council.

Article 131
(Judicial Council)

The Judicial Council is composed of eleven members. The National Assembly elects five members on the proposal of the President of the Republic from among university professors of law, attorneys, and other lawyers, whereas judges holding permanent judicial office elect six members from among their own number. The members of the council select a president from among their own number.

Article 132
(Termination of and Dismissal from Judicial Office)

A judge ceases to hold judicial office where circumstances arise as provided by law.

If in the performance of the judicial office a judge violates the Constitution or seriously violates the law, the National Assembly may dismiss such judge on the proposal of the Judicial Council.

If a judge is found by a final judgement to have deliberately committed a criminal offence through the abuse of the judicial office, the National Assembly dismisses such judge.

Article 133
(Incompatibility of Judicial Office)

Judicial office is not compatible with office in other state authorities, in local self-government authorities, and in bodies of political parties, and with other offices and activities as provided by law.

Article 134

(Immunity of Judges)

No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court.

If a judge is suspected of a criminal offence in the performance of judicial office, he may not be detained nor may criminal proceedings be initiated against him without the consent of the National Assembly.


g) The State Prosecutor's Office

Article 135
(State Prosecutor)

State Prosecutors file and present criminal charges and have other powers provided by law.

The organisation and powers of state prosecutor offices are provided by law.
 
Article 136
(Incompatibility of the Office of State Prosecutor)

The office of State Prosecutor is not compatible with office in other state authorities, in local self-government authorities, and in bodies of political parties, and with other offices and activities as provided by law.

h) Attorneyship and Notariat

Article 137

(Attorneyship and Notariat)

Attorneyship is an independent service within the system of justice, and is regulated by law.

The notariat is a public service regulated by law.

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