COMPLETE
CONSTITUTION
CONSTITUTIONAL
ACT AMENDING
Slovenia had to amend its Constitution prior
to the ratification of the Europe Agreement, first of all in order to permit
the sale of the land to foreigners.
Further amendments have been proposed to join
the EU, however were approved just four draft amendments proposed by the
Government. These amendments included the transfer of sovereignty, a new
regulation of extradition and the possibility for EU citizens to acquire
real estate property under the same conditions as the Slovenian citizens.
| COMPLETE
CONSTITUTION
|
Articles about Internacional Law or Treaties, referendum (*) and Constitutional Amendments
Loss
of sovereignty
Article 3a [European Union]
Article
153 (Conformity of Legal Acts)
Article
156 (Constitutional Review)
[Part]
IX Procedure for Amending the Constitution
Article 3a
(added in year 2003, Official Gazette
of the Republic of Slovenia, No. 24/03)
(1) 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.
(2) 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.
(3) 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 8
Laws and regulations must comply with
generally accepted principles of international law and with treaties that
are binding on Slovenia. Ratified and published treaties shall be applied
directly.
Article 47
(Extradition)
(1) No citizen of Slovenia may be extradited
to a foreign country. The extradition of aliens shall only be permitted
in cases covered by treaties that are binding on Slovenia.
(amended in 2003, Official Gazette of
the Republic of Slovenia, No. 24/03)
(2) 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 68
(Property Rights of Aliens)
(1) Aliens may acquire ownership rights
to real estate under conditions provided by law.
(2) Aliens may not acquire title to land
except by inheritance, under the condition of reciprocity.
(amended in 1997, Official Gazette of
the Republic of Slovenia No. 42/97)
(3) 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.
(4) Such law and treaty from the preceding
paragraph shall be adopted by the National Assembly by a two-thirds majority
vote of all deputies.
(amended in 2003, Official Gazette of
the Republic of Slovenia No. 24/03)
(5) Aliens may acquire ownership rights
to real estate under conditions provided by law or a treaty ratified by
the National Assembly.
Article 86
(Decision-making)
(1) The National Assembly may pass decisions
if a majority of deputies are present at the session.
(2) The National Assembly adopts laws
and other decisions and ratifies treaties by a majority of votes cast by
those deputies present, save where a different type of majority is provided
by the Constitution or by law.
Article 160
(Powers of the Constitutional Court)
(1) The Constitutional Court decides:
….
• on the conformity of laws and other
regulations with ratified treaties and with the general principles of international
law; ….
(2) In the process of ratifying a treaty,
the Constitutional Court, on the proposal of the President of the Republic,
the Government or a third of the deputies of the National Assembly, issues
an opinion on the conformity of such treaty with the Constitution. The
National Assembly is bound by the opinion of the Constitutional Court.
Article 168
(Proposal to Initiate the Procedure)
(1) A proposal to initiate the procedure
for amending the Constitution may be made by twenty deputies of the National
Assembly, the Government or at least thirty thousand voters.
(2) Such proposal is decided upon by the
National Assembly by a two-thirds majority vote of deputies present.
Article 169
(Acts Amending the Constitution)
The National Assembly adopts acts amending
the Constitution by a two-thirds majority vote of all deputies.
Article 170
(Confirmation of Constitutional Amendments by Referendum)
(1) The National Assembly must submit
a proposed constitutional amendment to voters for adoption in a referendum,
if so required by at least thirty deputies.
(2) A constitutional amendment is adopted
in a referendum if a majority of those voting voted in favour of the same,
provided that a majority of all voters participated in the referendum.
Article 171
(Promulgation of Constitutional Amendments)
Constitutional amendments enter into force
upon their promulgation in the National Assembly.