Article 1
[Democratic Republic]
Slovenia is a democratic republic.
Article 2
[Rule of Law, Social State]
Slovenia is a state governed by the rule
of law and a social state.
Article 3
[Self-Determination, Sovereignty]
(1) Slovenia is a state of all its citizens
and is founded on the permanent and inalienable right of the Slovene nation
to self-determination.
(2) In Slovenia power is vested in the
people. Citizens exercise this power directly and through elections, consistent
with the principle of the separation of legislative, executive and judicial
powers.
Article 3a
[European Union]
(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 is passed in the referendum if a majority of those voting have
cast valid votes in favour of the same. 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.
(3) 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.
(4) 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 4
[Territorial Integrity]
Slovenia is a territorially unified and
indivisible state.
Article 5
[State Objectives]
(1) In its own territory, the state shall
protect human rights and fundamental freedoms. It shall protect and guarantee
the rights of the autochthonous Italian and Hungarian national communities.
It shall maintain concern for autochthonous Slovene national minorities
in neighbouring countries and for Slovene emigrants and workers abroad
and shall foster their contacts with the homeland. It shall provide for
the preservation of the natural wealth and cultural heritage and create
opportunities for the harmonious development of society and culture in
Slovenia.
(2) Slovenes not holding Slovene citizenship
may enjoy special rights and privileges in Slovenia. The nature and extent
of such rights and privileges shall be regulated by law.
Article 6
[State Symbols]
(1) The coat-of-arms of Slovenia has the
form of a shield. In the middle of the shield, on a blue background, is
a representation of Mount Triglav in white, under which there are two undulating
blue lines symbolising the sea and rivers and above which there are three
golden, six-pointed stars forming a downward-pointing triangle. The shield
is bordered in red. The coat-of-arms is designed in accordance with a set
standard of geometry and colour.
(2) The flag of Slovenia is the white-blue-red
Slovene national flag with the coat-of-arms of Slovenia. The ratio of the
width of the flag to the length thereof is one to two. The colours of the
flag are in the following order: white, blue and red. Each colour occupies
a horizontal band covering one third of the area of the flag. The coat-of-arms
is positioned in the upper left portion of the flag such that it lies with
one half in the white field and the other in the blue field.
(3) The national anthem of Slovenia is
"Zdravljica".
(4) The use of the coat-of-arms, the flag
and the national anthem shall be provided by law.
Article 7
[Secularity]
(1) The state and religious communities
shall be separate.
(2) Religious communities shall enjoy
equal rights; they shall pursue their activities freely.
Article 8
[International Law]
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 9
[Local Autonomy]
Local self-government in Slovenia is guaranteed.
Article 10
[Capital]
The capital of Slovenia is Ljubljana.
Article 11
[Language]
The official language in Slovenia is Slovene.
In those municipalities where Italian or Hungarian national communities
reside, Italian or Hungarian shall also be official languages.
Article 12
[Citizenship]
Slovene citizenship shall be regulated
by law.
Article 13
[Foreigners]
In accordance with treaties, aliens in
Slovenia enjoy all the rights guaranteed by this Constitution and laws,
except for those rights that pursuant to this Constitution or law only
citizens of Slovenia enjoy.
Article 14
(Equality before the Law)
(1) In Slovenia everyone shall be guaranteed
equal human rights and fundamental freedoms irrespective of national origin,
race, sex, language, religion, political or other conviction, material
standing, birth, education, social status or any other personal circumstance.
(2) All are equal before the law.
Article 15
(Exercise and Limitation of Rights)
(1) Human rights and fundamental freedoms
shall be exercised directly on the basis of the Constitution.
(2) The manner in which human rights and
fundamental freedoms are exercised may be regulated by law whenever the
Constitution so provides or where this is necessary due to the particular
nature of an individual right or freedom.
(3) Human rights and fundamental freedoms
shall be limited only by the rights of others and in such cases as are
provided by this Constitution.
(4) Judicial protection of human rights
and fundamental freedoms, and the right to obtain redress for the violation
of such rights and freedoms, shall be guaranteed.
(5) No human right or fundamental freedom
regulated by legal acts in force in Slovenia may be restricted on the grounds
that this Constitution does not recognise that right or freedom or recognises
it to a lesser extent.
Article 16
(Temporary Suspension and Restriction of Rights)
(1) Human rights and fundamental freedoms
provided by this Constitution may exceptionally be temporarily suspended
or restricted during a war and state of emergency. Human rights and fundamental
freedoms may be suspended or restricted only for the duration of the war
or state of emergency, but only to the extent required by such circumstances
and inasmuch as the measures adopted do not create inequality based
solely on race, national origin, sex, language, religion, political or
other conviction, material standing, birth, education, social status or
any other personal circumstance.
(2) The provision of the preceding paragraph
does not allow any temporary suspension or restriction of the rights provided
by Articles 17, 18, 21, 27, 28, 29 and 41.
Article 17
(Inviolability of Human Life)
Human life is inviolable. There is no
capital punishment in Slovenia.
Article 18
(Prohibition of Torture)
No one may be subjected to torture, inhuman
or degrading punishment or treatment. The conducting of medical or other
scientific experiments on any person without his free consent is prohibited.
Article 19
(Protection of Personal Liberty)
(1) Everyone has the right to personal
liberty.
(2) No one may be deprived of his liberty
except in such cases and pursuant to such procedures as are provided by
law.
(3) Anyone deprived of his liberty must
be immediately informed in his mother tongue, or in a language which he
understands, of the reasons for being deprived of his liberty. Within the
shortest possible time thereafter, he must also be informed in writing
of why he has been deprived of his liberty. He must be instructed immediately
that he is not obliged to make any statement, that he has the right to
immediate legal representation of his own free choice and that the competent
authority must, on his request, notify his relatives or those close to
him of the deprivation of his liberty.
Article 20
(Orders for and Duration of Detention)
(1) A person reasonably suspected of having
committed a criminal offence may be detained only on the basis of a court
order when this is absolutely necessary for the course of criminal proceedings
or for reasons of public safety.
(2) Upon detention, but not later than
twenty-four hours thereafter, the person detained must be handed the written
court order with a statement of reasons. The person detained has the right
to appeal against the court order, and such appeal must be decided by a
court within forty-eight hours. Detention may last only as long as there
are legal reasons for such, but no longer than three months from the day
of the deprivation of liberty. The Supreme Court may extend the detention
a further three months.
(3) If no charges are brought by the end
of these terms, the suspected person shall be released.
Article 21
(Protection of Human Personality and Dignity)
(1) Respect for human personality and
dignity shall be guaranteed in criminal and in all other legal proceedings,
as well as during the deprivation of liberty and enforcement of punitive
sanctions.
(2) Violence of any form on any person
whose liberty has been restricted in any way is prohibited, as is the use
of any form of coercion in obtaining confessions and statements.
Article 22
(Equal Protection of Rights)
Everyone shall be guaranteed equal protection
of rights in any proceeding before a court and before other state authorities,
local community authorities and bearers of public authority that decide
on his rights, duties or legal interests.
Article 23
(Right to Judicial Protection)
(1) Everyone has the right to have any
decision regarding his rights, duties and any charges brought against him
made without undue delay by an independent, impartial court constituted
by law.
(2) Only a judge duly appointed pursuant
to rules previously established by law and by judicial regulations may
judge such an individual.
Article 24
(Public Nature of Court Proceedings)
Court hearings shall be public. Judgements
shall be pronounced publicly. Exceptions shall be provided by law.
Article 25
(Right to Legal Remedies)
Everyone shall be guaranteed the right
to appeal or to any other legal remedy against the decisions of courts
and other state authorities, local community authorities and bearers of
public authority by which his rights, duties or legal interests are determined.
Article 26
(Right to Compensation)
(1) Everyone has the right to compensation
for damage caused through unlawful actions in connection with the performance
of any function or other activity by a person or body performing such function
or activity under state authority, local community authority or as a bearer
of public authority.
(2) Any person suffering damage has the
right to demand, in accordance with the law, compensation also directly
from the person or body that has caused damage.
Article 27
(Presumption of Innocence)
Any person charged with a criminal offence
shall be presumed innocent until found guilty in a final judgement.
Article 28
(Principle of Legality in Criminal Law)
(1) No one may be punished for an act
which had not been declared a criminal offence under law, or for which
a penalty had not been prescribed, at the time the act was performed.
(2) Acts that are criminal shall be established
and the resulting penalties pronounced according to the law that was in
force at the time the act was performed, save where a more recent law adopted
is more lenient towards the offender.
Article 29
(Legal Guarantees in Criminal Proceedings)
(1) Anyone charged with a criminal offence
must, in addition to absolute equality, be guaranteed the following rights:
(2) the right to have adequate time and
facilities to prepare his defence;
(3) the right to be present at his trial
and to conduct his own defence or to be defended by a legal representative;
(4) the right to present all evidence
to his benefit;
(5) the right not to incriminate himself
or his relatives or those close to him, or to admit guilt.
Article 30
(Right to Rehabilitation and Compensation)
Any person unjustly convicted of a criminal
offence or deprived of his liberty without due cause has the right to rehabilitation
and compensation, and other rights provided by law.
Article 31
(Prohibition of Double Jeopardy)
No one may be sentenced or punished twice
for the same criminal offence for which criminal proceedings were dismissed
finally, or for which the charge was finally rejected, or for which the
person was acquitted or convicted by final judgement.
Article 32
(Freedom of Movement)
(1) Everyone has the right to freedom
of movement, to choose his place of residence, to leave the country and
to return at any time.
(2) This right may be limited by law,
but only where this is necessary to ensure the course of criminal proceedings,
to prevent the spread of infectious diseases, to protect public order or
if the defence of the state so demands.
(3) Entry into the country by aliens,
and the duration of their stay in the country, may be limited on the basis
of law.
Article 33
(Right to Private Property and Inheritance)
The right to private property and inheritance
shall be guaranteed.
Article 34
(Right to Personal Dignity and Safety)
Everyone has the right to personal dignity
and safety.
Article 35
(Protection of Rights to Privacy and Personality Rights)
The inviolability of the physical and
mental integrity of every person, his privacy and personality rights shall
be guaranteed.
Article 36
(Inviolability of Dwellings)
(1) Dwellings are inviolable.
(2) No one may, without a court order,
enter the dwelling or other premises of another person, nor may he search
the same, against the will of the resident.
(3) Any person whose dwelling or other
premises are searched has the right to be present or to have a representative
present.
(4) Such a search may only be conducted
in the presence of two witnesses.
(5) Subject to conditions provided by
law, an official may enter the dwelling or other premises of another person
without a court order, and may in exceptional circumstances conduct a search
in the absence of witnesses, where this is absolutely necessary for the
direct apprehension of a person who has committed a criminal offence or
to protect people or property.
Article 37
(Protection of the Privacy of Correspondence and Other Means of Communication)
(1) The privacy of correspondence and
other means of communication shall be guaranteed.
(2) Only a law may prescribe that on the
basis of a court order the protection of the privacy of correspondence
and other means of communication and the inviolability of personal privacy
be suspended for a set time where such is necessary for the institution
or course of criminal proceedings or for reasons of national security.
Article 38
(Protection of Personal Data)
(1) The protection of personal data shall
be guaranteed. The use of personal data contrary to the purpose for which
it was collected is prohibited.
(2) The collection, processing, designated
use, supervision and protection of the confidentiality of personal data
shall be provided by law.
(3) Everyone has the right of access to
the collected personal data that relates to him and the right to judicial
protection in the event of any abuse of such data.
Article 39
(Freedom of Expression)
(1) Freedom of expression of thought,
freedom of speech and public appearance, of the press and other forms of
public communication and expression shall be guaranteed. Everyone may freely
collect, receive and disseminate information and opinions.
(2) Except in such cases as are provided
by law, everyone has the right to obtain information of a public nature
in which he has a well founded legal interest under law.
Article 40
(Right to Correction and Reply)
The right to correct published information
which has damaged a right or interest of an individual, organisation or
body shall be guaranteed, as shall be the right to reply to such published
information.
Article 41
(Freedom of Conscience)
(1) Religious and other beliefs may be
freely professed in private and public life.
(2) No one shall be obliged to declare
his religious or other beliefs.
(3) Parents have the right to provide
their children with a religious and moral upbringing in accordance with
their beliefs. The religious and moral guidance given to children must
be appropriate to their age and maturity, and be consistent with their
free conscience and religious and other beliefs or convictions.
Article 42
(Right of Assembly and Association)
(1) The right of peaceful assembly and
public meeting shall be guaranteed.
(2) Everyone has the right to freedom
of association with others.
(3) Legal restrictions of these rights
shall be permissible where so required for national security or public
safety and for protection against the spread of infectious diseases.
(4) Professional members of the defence
forces and the police may not be members of political parties.
Article 43
(Right to Vote)
(1) The right to vote shall be universal
and equal.
(2) Every citizen who has attained the
age of eighteen years has the right to vote and be elected.
(3) The law may provide in which cases
and under what conditions aliens have the right to vote.
Article 44
(Participation in the Management of Public Affairs)
Every citizen has the right, in accordance
with the law, to participate either directly or through elected representatives
in the management of public affairs.
Article 45
(Right to Petition)
Every citizen has the right to file petitions
and to pursue other initiatives of general significance.
Article 46
(Right to Conscientious Objection)
Conscientious objection shall be permissible
in cases provided by law where this does not limit the rights and freedoms
of others.
Article 47
(Extradition)
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 48
(Asylum)
Within the limits of the law, the right
of asylum shall be recognised for foreign nationals and stateless persons
who are subject to persecution for their commitment to human rights and
fundamental freedoms.
Article 49
(Freedom of Work)
(1) Freedom of work shall be guaranteed.
(2) Everyone shall choose his employment
freely.
(3) Everyone shall have access under equal
conditions to any position of employment.
(4) Forced labour shall be prohibited.
Article 50
(Right to Social Security)
(1) Citizens have the right to social
security under conditions provided by law.
(2) The state shall regulate compulsory
health, pension, disability and other social insurance, and shall ensure
its proper functioning.
(3) Special protection in accordance with
the law shall be guaranteed to war veterans and victims of war.
Article 51
(Right to Health Care)
(1) Everyone has the right to health care
under conditions provided by law.
(2) The rights to health care from public
funds shall be provided by law.
(3) No one may be compelled to undergo
medical treatment except in cases provided by law.
Article 52
(Rights of Disabled Persons)
(1) Disabled persons shall be guaranteed
protection and work-training in accordance with the law.
(2) Physically or mentally handicapped
children and other severely disabled persons have the right to education
and training for an active life in society.
(3) The education and training referred
to in the preceding paragraph shall be financed from public funds.
Article 53
(Marriage and the Family)
(1) Marriage is based on the equality
of spouses. Marriages shall be solemnised before an empowered state authority.
(2) Marriage and the legal relations within
it and the family, as well as those within an extramarital union, shall
be regulated by law.
(3) The state shall protect the family,
motherhood, fatherhood, children and young people and shall create the
necessary conditions for such protection.
Article 54
(Rights and Duties of Parents)
(1) Parents have the right and duty to
maintain, educate and raise their children. This right and duty may be
revoked or restricted only for such reasons as are provided by law in order
to protect the child's interests.
(2) Children born out of wedlock have
the same rights as children born within it.
Article 55
(Freedom of Choice in Childbearing)
(1) Everyone shall be free to decide whether
to bear children.
(2) The state shall guarantee the opportunities
for exercising this freedom and shall create such conditions as will enable
parents to decide to bear children.
Article 56
(Rights of Children)
(1) Children shall enjoy special protection
and care. Children shall enjoy human rights and fundamental freedoms consistent
with their age and maturity.
(2) Children shall be guaranteed special
protection from economic, social, physical, mental or other exploitation
and abuse. Such protection shall be regulated by law.
(3) Children and minors who are not cared
for by their parents, who have no parents or who are without proper family
care shall enjoy the special protection of the state. Their position shall
be regulated by law.
Article 57
(Education and Schooling)
(1) Freedom of education shall be guaranteed.
(2) Primary education is compulsory and
shall be financed from public funds.
(3) The state shall create the opportunities
for citizens to obtain a proper education.
Article 58
(Autonomy of Universities and Other Institutions of Higher Education)
(1) State universities and state institutions
of higher education shall be autonomous.
(2) The manner of their financing shall
be regulated by law.
Article 59
(Freedom of Science and the Arts)
The freedom of scientific and artistic
endeavour shall be guaranteed.
Article 60
(Intellectual Property Rights)
The protection of copyright and other
rights deriving from artistic, scientific, research and invention activities
shall be guaranteed.
Article 61
(Expression of National Affiliation)
Everyone has the right to freely express
affiliation with his nation or national community, to foster and give expression
to his culture and to use his language and script.
Article 62
(Right to Use One's Language and Script)
Everyone has the right to use his language
and script in a manner provided by law in the exercise of his rights and
duties and in procedures before state and other bodies performing a public
function.
Article 63
(Prohibition of Incitement to Discrimination and Intolerance and Prohibition
of Incitement to Violence and War)
(1) Any incitement to national, racial,
religious or other discrimination, and the inflaming of national, racial,
religious or other hatred and intolerance are unconstitutional.
(2) Any incitement to violence and war
is unconstitutional.
Article 64
(Special Rights of the Autochthonous Italian and Hungarian National Communities
in Slovenia)
(1) The autochthonous Italian and Hungarian
national communities and their members shall be guaranteed the right to
use their national symbols freely and, in order to preserve their national
identity, the right to establish organisations and develop economic, cultural,
scientific and research activities, as well as activities in the field
of public media and publishing. In accordance with laws, these two national
communities and their members have the right to education and schooling
in their own languages, as well as the right to establish and develop such
education and schooling. The geographic areas in which bilingual schools
are compulsory shall be established by law. These national communities
and their members shall be guaranteed the right to foster relations with
their nations of origin and their respective countries. The state shall
provide material and moral support for the exercise of these rights.
(2) In order to exercise their rights,
the members of these communities shall establish their own self-governing
communities in the geographic areas where they live. On the proposal of
these self-governing national communities, the state may authorise them
to perform certain functions under national jurisdiction, and shall provide
funds for the performing of such functions.
(3) The two national communities shall
be directly represented in representative bodies of local self-government
and in the National Assembly.
(4) The position of the Italian and Hungarian
national communities and the manner in which their rights are exercised
in the geographic areas where they live, the obligations of the self-governing
local communities for the exercise of these rights, and those rights which
the members of these national communities exercise also outside these areas,
shall all be regulated by law. The rights of both national communities
and their members shall be guaranteed irrespective of the number of members
of these communities.
(5) Laws, regulations and other general
acts that concern the exercise of the constitutionally provided rights
and the position of the national communities exclusively, may not be adopted
without the consent of representatives of these national communities.
Article 65
(Status and Special Rights of the Romany Community in Slovenia)
The status and special rights of the Romany
community living in Slovenia shall be regulated by law.
Article 66
(Security of Employment)
The state shall create opportunities for
employment and work, and shall ensure the protection of both by law.
Article 67
(Property)
(1) The manner in which property is acquired
and enjoyed shall be established by law so as to ensure its economic, social
and environmental function.
(2) The manner and conditions of
inheritance shall be established by law.
Article 68
(Property Rights of Aliens)
(1) 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.
(2) Such law and treaty from the preceding
paragraph shall be adopted by the National Assembly by a two-thirds majority
vote of all deputies.
Article 69
(Expropriation)
Ownership rights to real estate may be
revoked or limited in the public interest with the provision of compensation
in kind or monetary compensation under conditions established by law.
Article 70
(National Assets and Natural Resources)
(1) Special rights to use national assets
may be acquired, subject to conditions established by law.
(2) The conditions under which natural
resources may be exploited shall be established by law.
(3) The law may provide that natural resources
may also be exploited by foreign persons and shall establish the conditions
for such exploitation.
Article 71
(Protection of Land)
(1) The law shall establish special conditions
for land utilisation in order to ensure its proper use.
(2) Special protection of agricultural
land shall be provided by law.
(3) The state shall promote the economic,
cultural and social advancement of the population living in mountain and
hill areas.
Article 72
(Healthy Living Environment)
(1) Everyone has the right in accordance
with the law to a healthy living environment.
(2) The state shall promote a healthy
living environment. To this end, the conditions and manner in which economic
and other activities are pursued shall be established by law.
(3) The law shall establish under which
conditions and to what extent a person who has damaged the living environment
is obliged to provide compensation.
(4) The protection of animals from cruelty
shall be regulated by law.
Article 73
(Protection of Natural and Cultural Heritage)
(1) Everyone is obliged in accordance
with the law to protect natural sites of special interest, rarities and
cultural monuments.
(2) The state and local communities shall
promote the preservation of the natural and cultural heritage.
Article 74
(Free Enterprise)
(1) Free economic initiative shall be
guaranteed.
(2) The conditions for establishing commercial
organisations shall be established by law. Commercial activities may not
be pursued in a manner contrary to the public interest.
(3) Unfair competition practices and practices
which restrict competition in a manner contrary to the law are prohibited.
Article 75
(Participation in Management)
Employees shall participate in the management
of commercial organisations and institutions in a manner and under conditions
provided by law.
Article 76
(Freedom of Trade Unions)
The freedom to establish, operate and
join trade unions shall be guaranteed.
Article 77
(Right to Strike)
(1) Employees have the right to strike.
(2) Where required by the public interest,
the right to strike may be restricted by law, with due consideration given
to the type and nature of activity involved.
Article 78
(Proper Housing)
The state shall create opportunities for
citizens to obtain proper housing.
Article 79
(Aliens Employed in Slovenia)
Aliens employed in Slovenia and members
of their families have special rights provided by law.
Article 80
(Composition and Election)
(1) The National Assembly is composed
of deputies of the citizens of Slovenia and comprises ninety deputies.
(2) Deputies are elected by universal,
equal, direct and secret voting.
(3) One deputy of the Italian and one
deputy of the Hungarian national communities shall always be elected to
the National Assembly.
(4) The electoral system shall be regulated
by a law passed by the National Assembly by a two-thirds majority vote
of all deputies.
(5) 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.
Article 81
(Term of the National Assembly)
(1) The National Assembly is elected for
four years.
(2) 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.
(3) 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)
(1) Deputies of the National Assembly
are representatives of all the people and shall not be bound by any instructions.
(2) The law shall establish who may not
be elected a deputy, and the incompatibility of the office of deputy with
other offices and activities.
(3) The National Assembly confirms the
election of deputies. An appeal may be made before the Constitutional Court,
in accordance with the law, against a decision of the National Assembly.
Article 83
(Immunity of Deputies)
(1) 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.
(2) 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.
(3) 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)
(1) The National Assembly meets in regular
and extraordinary sessions.
(2) 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, save 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)
(1) 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.
(2) 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.
(3) The right to vote in a referendum
is held by all citizens who are eligible to vote in elections.
(4) A proposal is passed in a referendum
if a majority of those voting have cast votes in favour of the same.
(5) 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)
(1) Laws are promulgated by the President
of the Republic no later than eight days after they have been passed.
(2) 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)
(1) 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.
(2) The National Assembly decides on the
use of the defence forces.
(3) 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 shall adopt 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.
Article 96
(Composition)
(1) The National Council is the representative
body for social, economic, professional and local interests. The National
Council has forty members.
(2) 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.
(3) The organisation of the National Council
is regulated by law.
Article 97
(Powers of the National Council)
(1) 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.
(2) Where required by the National Assembly,
the National Council must express its opinion on an individual matter.
Article 98
(Election)
(1) 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.
(2) Members of the National Council are
elected for a term of five years.
Article 99
(Decision-making)
(1) The National Council may pass decisions
if a majority of members are present at the session.
(2) 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)
(1) A member of the National Council may
not at the same time be a deputy of the National Assembly.
(2) 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 shall adopt by a majority vote of all members.
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)
(1) The President of the Republic is elected
in direct, general elections by secret ballot.
(2) The candidate who receives a majority
of the valid votes cast is elected President of the Republic.
(3) 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.
(4) Only a citizen of Slovenia may be
elected President of the Republic.
(5) 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)
(1) 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.
(2) 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)
(1) 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.
(2) 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)
(1) 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.
(2) Such decrees may, in exception, restrict
individual rights and fundamental freedoms as provided by Article 16 of
this Constitution.
(3) 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.
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)
(1) After consultation with the leaders
of parliamentary groups the President of the Republic proposes to the National
Assembly a candidate for President of the Government.
(2) 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.
(3) 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 parliamentary
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.
(4) If no candidate is elected, the President
of the Republic dissolves the National Assembly and calls new elections,
unless within eighty-four 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.
(5) 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)
(1) Ministers are appointed and dismissed
by the National Assembly on the proposal of the President of the Government.
(2) 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)
(1) 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.
(2) 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)
(1) 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.
(2) 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.
(3) Where a President of the Government
has been elected on the basis of the fourth paragraph of Article 111 a
vote on 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)
(1) 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, the National
Assembly must elect within thirty days 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.
(2) No less than forty-eight hours must
elapse between the requirement of a vote of confidence and the vote itself.
Article 118
(Interpellation)
(1) 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.
(2) 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.
Article 120
(Organisation and Work of the State Administration)
(1) The organisation of the state administration,
its competence and the manner of appointment of its officers are regulated
by law.
(2) Administrative bodies perform their
work independently within the framework and on the basis of the Constitution
and laws.
(3) Judicial protection of the rights
and legal interests of citizens and organisations is guaranteed against
decisions and actions of administrative bodies and bearers of public authority.
Article 121
(Duties of Administrative Bodies)
(1) Duties of the state administration
are performed directly by ministries.
(2) 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.
Article 123
(Duty to Participate in the National Defence)
(1) Participation in the national defence
is compulsory for citizens within the limits and in the manner provided
by law.
(2) Citizens who for 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)
(1) 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.
(2) The conducting of defence is supervised
by the National Assembly.
(3) In the provision of security the state
proceeds principally from a policy of peace, and an ethic of peace and
non-aggression.
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)
(1) The organisation and jurisdiction
of courts are determined by law.
(2) Extraordinary courts may not be established,
nor may military courts be established in peacetime.
Article 127
(Supreme Court)
(1) The Supreme Court is the highest court
in the state.
(2) It decides on ordinary and extraordinary
legal remedies and performs other functions provided by law.
Article 128
(Participation of Citizens in the Exercising of Judicial Power)
The circumstances and form of the direct
participation of citizens in the exercising of judicial power are regulated
by law.
Article 129
(Permanence of Judicial Office)
(1) The office of a judge is permanent.
The age requirement and other conditions for election are determined by
law.
(2) 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)
(1) A judge ceases to hold judicial office
where circumstances arise as provided by law.
(2) 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.
(3) 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 bodies, in local self-government bodies and in bodies
of political parties, and with other offices and activities as provided
by law.
Article 134
(Immunity of Judges)
(1) No one who participates in making
judicial decisions may be held accountable for an opinion expressed during
decision-making in court.
(2) 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.
Article 135
(State Prosecutor)
(1) State Prosecutors file and present
criminal charges and have other powers provided by law.
(2) 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 bodies, in local self-government
bodies and in bodies of political parties, and with other offices and activities
as provided by law.
Article 137
(Attorneyship and Notariat)
(1) Attorneyship is an independent service
within the system of justice, and is regulated by law.
(2) The notariat is a public service regulated
by law.
Article 138
(Exercise of Local Self-Government)
Residents of Slovenia exercise local self-government
in municipalities and other local communities.
Article 139
(Municipalities)
(1) Municipalities are self-governing
local communities.
(2) The territory of a municipality comprises
a settlement or several settlements bound together by the common needs
and interests of the residents.
(3) A municipality is established by law
following a referendum by which the will of the residents in a given territory
is determined. The territory of the municipality is also defined by law.
Article 140
(Scope of Local Self-Government)
(1) The competencies of a municipality
comprise local affairs which may be regulated by the municipality autonomously
and which affect only the residents of the municipality.
(2) With the prior consent of the municipality
or wider self-governing local community, the state may by law vest specific
duties within the state jurisdiction in the municipality or wider self-governing
local community, if the state provides financial resources for this purpose.
(3) State authorities shall supervise
the proper and competent performance of work relating to matters vested
in the local community bodies by the state.
Article 141
(Urban Municipalities)
(1) A town may attain the status of an
urban municipality in accordance with such procedure and under such conditions
as provided by law.
(2) An urban municipality performs, as
being within its original competence, particular duties within the state
competence relating to urban development as provided by law.
Article 142
(Municipal Revenue)
A municipality is financed from its own
sources. Municipalities that are unable to completely provide for the performance
of their duties due to insufficient economic development are assured additional
funding by the state in accordance with principles and criteria provided
by law.
Article 143
(Wider Self-Governing Local Communities)
(1) Municipalities may independently decide
to join into wider self-governing local communities, as well as regions,
in order to regulate and manage local affairs of wider importance. In agreement
with such communities, the state may transfer specific matters within the
state competence into their original competence and determine the participation
of such communities in proposing and performing particular matters within
the state competence.
(2) The principles and criteria regarding
the transfer of competence from the preceding paragraph are regulated by
law.
Article 144
(Supervision by State Authorities)
State authorities supervise the legality
of the work of local community authorities.
Article 145
(Self-Government in the Field of Social Activities)
(1) Citizens may form self-governing associations
to promote their interests.
(2) Citizens may be given the authority
by law to manage through self-government particular matters within the
state competence.
Article 146
(Financing of the State and Local Communities)
(1) The state and local communities raise
funds for the performance of their duties by means of taxes and other compulsory
charges as well as from revenues from their own assets.
(2) The state and local communities disclose
the value of their assets by means of balance sheets.
Article 147
(Taxes)
The state imposes taxes, customs duties
and other charges by law. Local communities impose taxes and other charges
under conditions provided by the Constitution and law.
Article 148
(Budgets)
(1) All revenues and expenditures of the
state and local communities for the financing of public spending must be
included in their budgets.
(2) If a budget has not been adopted by
the first day it is due to enter into force, the beneficiaries financed
by the budget are temporarily financed in accordance with the previous
budget.
Article 149
(State Borrowings)
State borrowings and guarantees by the
state for loans are only permitted on the basis of law.
Article 150
(Court of Audit)
(1) The Court of Audit is the highest
body for supervising state accounts, the state budget and all public spending.
(2) The organisation and powers of the
Court of Audit are provided by law.
(3) The Court of Audit is independent
in the performance of its duties and bound by the Constitution and laws.
Article 151
(Appointment of Members to the Court of Audit)
Members of the Court of Audit are appointed
by the National Assembly.
Article 152
(Central Bank)
(1) Slovenia has a central bank. In its
functioning the bank is independent and directly accountable to the National
Assembly. The central bank is established by law.
(2) The governor of the central bank is
appointed by the National Assembly.
Article 153
(Conformity of Legal Acts)
(1) Laws, regulations and other general
legal acts must be in conformity with the Constitution.
(2) Laws must be in conformity with generally
accepted principles of international law and with valid treaties ratified
by the National Assembly, whereas regulations and other general legal acts
must also be in conformity with other ratified treaties.
(3) Regulations and other general legal
acts must be in conformity with the Constitution and laws.
(4) Individual acts and actions of state
authorities, local community authorities and bearers of public authority
must be based on a law or regulation adopted pursuant to law.
Article 154
(Validity and Publication of Regulations)
(1) Regulations must be published prior
to entering into force. A regulation enters into force on the fifteenth
day after its publication unless otherwise determined in the regulation
itself.
(2) State regulations are published in
the official gazette of the state, whereas local community regulations
are published in the official publication determined by the local community.
Article 155
(Prohibition of Retroactive Effect of Legal Acts)
(1) Laws and other regulations and general
legal acts cannot have retroactive effect.
(2) Only a law may establish that certain
of its provisions have retroactive effect, if this is required in the public
interest and provided that no acquired rights are infringed thereby.
Article 156
(Constitutional Review)
If a court deciding some matter deems
a law which it should apply to be unconstitutional, it must stay the proceedings
and initiate proceedings before the Constitutional Court. The proceedings
in the court may be continued after the Constitutional Court has issued
its decision.
Article 157
(Judicial Review of Administrative Acts)
(1) A court having jurisdiction to review
administrative acts decides the legality of final individual acts with
which state authorities, local community authorities and bearers of public
authority decide the rights or obligations and legal entitlements of individuals
and organisations, if other legal protection is not provided by law for
a particular matter.
(2) If other legal protection is not provided,
the court having jurisdiction to review administrative acts also decides
on the legality of individual actions and acts which intrude upon the constitutional
rights of the individual.
Article 158
(Finality of Legal Decisions)
Legal relations regulated by the final
decision of a state authority may be annulled, abrogated or amended only
in such cases and by such procedures as are provided by law.
Article 159
(Ombudsman for Human Rights and Fundamental Freedoms)
(1) In order to protect human rights and
fundamental freedoms in relation to state authorities, local self-government
authorities and bearers of public authority, the office of the ombudsman
for the rights of citizens shall be established by law.
(2) Special ombudsmen for the rights of
citizens may also be established by law for particular fields.
Article 160
(Powers of the Constitutional Court)
(1) The Constitutional Court decides:
-- on the conformity of laws with the
Constitution;
-- on the conformity of laws and other
regulations with ratified treaties and with the general principles of international
law;
-- on the conformity of regulations with
the Constitution and with laws;
-- on the conformity of local community
regulations with the Constitution and with laws;
-- on the conformity of general acts issued
for the exercise of public authority with the Constitution, laws and regulations;
-- on constitutional complaints stemming
from the violation of human rights and fundamental freedoms by individual
acts;
-- on jurisdictional disputes between
the state and local communities and among local communities themselves;
-- on jurisdictional disputes between
courts and other state authorities;
-- on jurisdictional disputes between
the National Assembly, the President of the Republic and the Government;
-- on the unconstitutionality of the acts
and activities of political parties; and
-- on other matters vested in the Constitutional
Court by this Constitution or laws.
(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.
(3) Unless otherwise provided by law,
the Constitutional Court decides on a constitutional complaint only if
legal remedies have been exhausted. The Constitutional Court decides whether
to accept a constitutional complaint for adjudication on the basis of criteria
and procedures provided by law.
Article 161
(Abrogation of a Law)
(1) If the Constitutional Court establishes
that a law is unconstitutional, it abrogates such law in whole or in part.
Such abrogation takes effect immediately or within a period of time determined
by the Constitutional Court. This period of time may not exceed one year.
The Constitutional Court annuls or abrogates other regulations or general
acts that are unconstitutional or contrary to law. Under conditions provided
by law, the Constitutional Court may, up until a final decision, suspend
in whole or in part the implementation of an act whose constitutionality
or legality is being reviewed.
(2) If in deciding on a constitutional
complaint the Constitutional Court establishes the unconstitutionality
of a regulation or general act, it may in accordance with the provisions
of the first paragraph of this article annul or abrogate such regulation
or act.
(3) The legal consequences of Constitutional
Court decisions shall be regulated by law.
Article 162
(Proceedings before the Constitutional Court)
(1) Proceedings before the Constitutional
Court shall be regulated by law.
(2) The law determines who may require
the initiation of proceedings before the Constitutional Court. Anyone who
demonstrates legal interest may request the initiation of proceedings before
the Constitutional Court.
(3) The Constitutional Court decides by
a majority vote of all its judges unless otherwise provided for individual
cases by the Constitution or law. The Constitutional Court may decide whether
to initiate proceedings following a constitutional complaint with fewer
judges as provided by law.
Article 163
(Composition and Election)
(1) The Constitutional Court is composed
of nine judges, elected on the proposal of the President of the Republic
by the National Assembly in a manner provided by law.
(2) The judges are elected from among
legal experts.
(3) The President of the Constitutional
Court is elected by the judges from among their own number for a term of
three years.
Article 164
(Early Termination of Office of a Constitutional Court Judge)
A Constitutional Court judge may be subject
to early termination of office in a manner provided by law only:
-- if the judge himself so requests,
-- if the judge is punished by imprisonment
for a criminal offence, or
-- due to permanent loss of capacity to
perform his office.
Article 165
(Term of Office of Judges)
(1) Constitutional Court judges are elected
for a term of nine years. Constitutional Court judges may not be re-elected.
(2) Upon the expiry of the term for which
a Constitutional Court judge has been elected, he continues to perform
his office until the election of a new judge.
Article 166
(Incompatibility of Office)
The office of Constitutional Court judge
is not compatible with office in state bodies, in local self-government
bodies and in bodies of political parties, and with other offices and activities
that are not compatible by law with the office of Constitutional Court
judge.
Article 167
(Immunity)
Constitutional Court judges enjoy the
same immunity as National Assembly deputies. The National Assembly decides
on such immunity.
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.
Article 172
[Promulgation]
This Constitution enters into force upon
its promulgation.
Article 173
[Enforcement]
The provisions of this Constitution apply
from the day of its promulgation, unless otherwise provided in the constitutional
act implementing this Constitution.
Article 174
[Implementation]
(1) A constitutional act shall be passed
in order to implement this Constitution and to ensure transition to the
application of the provisions of this Constitution.
(2) The constitutional act shall be passed
by a two-thirds majority vote of all deputies in all chambers of the Assembly
of the Republic of Slovenia.