| Parliament name |
- |
| Structure of parliament |
Bicameral |
| Chamber name |
Drzavni Zbor |
| Related chamber (for bicameral parliaments) |
Drzavni Svet / National Council
|
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POLITICAL SYSTEM
|
| Type of political regime |
parliamentary |
| Notes |
The President of the Republic is the Head of State, represents the Republic and is commander-in-chief of its defence forces (Article 102 of the Constitution). |
| Head of the executive |
Prime Minister |
| Notes |
The Government is composed of the Prime Minister and government ministers (Article 110 of the Constitution). The President of the Government as head of the executive branch is responsible for ensuring the unity of the political and administrative direction of Government and coordinates the work of the government ministers. |
| Method for appointing the executive |
The President of the Republic is elected in direct, general elections by secret ballot (Article 103 of the Constitution). 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 (Article 111 of the Constitution). The President of the Government is elected by the National Assembly with a majority vote of all deputies in a secret ballot. If such candidate does not receive the necessary majority of votes, the President of the Republic may, after renewed consultations, propose a new candidate or the same candidate again within 14 days. Candidates may also be proposed by parliamentary groups or at least ten deputies. If 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 (Article 111 of the Constitution). Once a Prime Minister is elected, ministers are appointed and dismissed by the National Assembly on the proposal of the Prime Minister (Article 112 of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The President of the Republic is elected for a term of five years and may be elected for a maximum of two consecutive terms (Article 103 of the Constitution). The presidency's term of office does not coincide with the term of the legislature.
The National Assembly is elected for four years (Article 81 of the Constitution). The Prime Minister and other ministers cease to hold office when a new National Assembly convenes following elections (Article 115 of the Constitution). |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
A parliamentarian elected Prime Minister or appointed Deputy Prime Minister or minister may not perform the office of a member of the National Assembly for the time of the appointment (suspension of office). |
| Dissolution of Parliament |
Yes |
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If no candidate Prime Minister is elected, the President of the Republic dissolves the National Assembly and calls new elections, unless within 48 hours the National Assembly decides by a majority of votes cast of deputies present to hold new elections for Prime Minister, whereby a majority of votes cast is sufficient for 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, in which any candidate proposed by the President takes precedence. If in such elections no candidate receives the necessary number of votes, the President dissolves the National Assembly and calls new elections (Article 111 of the Constitution). |
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If the National Assembly is dissolved, a new Assembly is elected no later than two months after the dissolution of the previous one. The term of the previous National Assembly ends on the first session of the new one, which is called by the President of the Republic no later than 20 days after its election (Article 81 of the Constitution). The National Assembly has not been dissolved in the last 13 years (1992-2005), but its term of office began only in 1992 on the basis of the new Constitution. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
Within the scope of their powers, Government and individual ministers are independent and accountable to the National Assembly (Article 110 of the Constitution). Ministers are collectively accountable for the work of Government, and each minister is accountable individually for the work of his or her ministry. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
In regular sessions of the National Assembly, a special item is usually allocated on the agenda for questions and initiatives from deputies. Deputies may put questions in writing or orally in the session. They also have the right to offer an initiative to the Government or an individual minister for the settling of specific issues or for the adoption of specific measures. The deputy who posed a question may propose that a debate be held on the Government's response.
Under the Rules of Procedure, a special agenda item for a session of the National Assembly is reserved once a month for parliamentary questions. For each discussion of parliamentary questions, the Bureau determines the date and time of the beginning of discussion of parliamentary questions and the duration of discussion. As a general rule, the afternoon part of the session is reserved for such discussion (Article 241 of the Rules of Procedure).
At the proposal of the deputy who put the question, the National Assembly may decide to hold a debate on the answer provided by the Government or minister or Secretary General of the Government. The National Assembly decides thereon without debate (Article 246 of the Rules of Procedure).
|
- Government reports to Parliament
|
Under the Rules of Procedure, together with the draft state budget, the Government also submits the budget memorandum and other documents related to the draft budget, as provided by law (Article 155 of the Rules of Procedure).
The National Assembly and its working bodies inform the Government of their sessions and meetings, their agenda and adopted decisions, and forward to it the necessary material (Article 236 of the Rules of Procedure).
The National Assembly may adopt a decision requesting the Government or an individual minister to report to the National Assembly on the implementation of laws and other regulations adopted by it, as well as on other measures within their competence and on the effects thereof (Article 237 of the Rules of Procedure).
The Government may report to the National Assembly on its work in writing or orally at sessions of the National Assembly. If the Government sends to the National Assembly a written report, the President of the National Assembly immediately informs the deputies thereof. The representative of the Government may explain such written a report at a session of the National Assembly (Article 239 of the Rules of Procedure). |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The Prime Minister may require a vote of confidence in the Government. If the Government does not receive the support of a majority of all deputies, the National Assembly must elect within 30 days a new Prime Minister or in a new vote must express its confidence in the incumbent one, or failing this, the President of the Republic dissolves the National Assembly and calls new elections. The Prime Minister 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 48 hours must elapse between the requirement of a vote of confidence and the vote itself (Article 117 of the Constitution). |
| Motions of censure and votes of no confidence (sub-report) |
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|
The National Assembly may pass a vote of no confidence in the Government only by electing a new Prime Minister on the proposal of at least 10 deputies and by a majority vote of all deputies (Article 116 of the Constitution). An interpellation with respect to the work of the Government or an individual minister may be initiated in the National Assembly by at least 10 deputies (Article 118 of the Constitution). |
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A vote of no confidence in the Government is passed by electing a new Prime Minister on the proposal of at least 10 deputies and by a majority vote of all deputies. No less than 48 hours must elapse between the lodging of a proposal to elect a new Prime Minister and the vote itself, unless the National Assembly decides otherwise by a two-thirds majority of all deputies, or if the country is at war or in a state of emergency. Where a Prime Minister has been elected, a vote of no confidence is expressed in him if on the proposal of at least 10 deputies (Article 116 of the Constitution). An interpellation with respect to the work of Government or an individual minister may be initiated in the National Assembly by at least 10 deputies. If, after the debate following such interpellation, a majority of all deputies carries a vote of no confidence, the national Assembly dismisses the Government or the minister (Article 118 of the Constitution). |
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Following a successful motion of censure, the incumbent Prime Minister is dismissed, but together with his ministers he must continue to perform his regular duties until the swearing in of a new Government. Ministers cease to hold office whenever the Prime Minister ceases to do so and whenever such ministers are dismissed. They must, however, continue to perform their regular duties until the appointment of new ministers (Article 115 of the Constitution). |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
If the President of the Republic violates the Constitution or seriously violates the law in the performance of his duties, he may be impeached by the National Assembly before the Constitutional Court (Article 109 of the Constitution). The National Assembly may also impeach the Prime Minister or ministers before the Constitutional Court on charges of violating the Constitution and laws during the performance of their office (Article 119 of the Constitution). |
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The impeachment procedure against the President of the Republic may be proposed by at least 30 deputies, and against members of Government by at least 10 deputies. The Constitutional Court decides either that the impeachment charges are justified or it dismisses 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 Court may decide that pending a decision on impeachment, the President may not perform his office (Article 109 of the Constitution). The Constitutional Court considers the charges against members of Government in such a manner as determined for the President. |
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In 1995 and 1998, the National Assembly decided on a motion for impeachment of the Prime Minister before the Constitutional Court. In both cases, the impeachment proposal was not passed. |
- Have these procedures been applied?
|
|
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
Within the scope of their powers, Government and individual ministers are independent and accountable to the National Assembly (Article 110 of the Constitution). Ministers are collectively accountable for the work of Government, and each minister is accountable for the work of his or her ministry. |
| Means and modalities of oversight |
|
|
Under the Rules of Procedure:
(1) Within its scope of work, a working body may ask the Government and other state authorities as well as public institutions, public enterprises and public funds founded by the State to provide explanations and information which it needs to perform its tasks;
(2) Notwithstanding the first paragraph of this rule, at least one third of the members of the Committee for the Oversight of the Work of the Security and Intelligence Services and of the Committee for Budgetary and Other Public Finance Oversight may ask, in writing, the Government, other state authorities, public institutes, public enterprises and public funds founded by the State, to provide information and documents pertaining to the scope of work of such working bodies. The chairman of the working body must immediately forward the request received and bearing the signatures of at least one third of the members to the head of the authority or institute, enterprise or fund;
(3) The Government, other state authorities, public institutes, public enterprises and public funds founded by the State must immediately forward the information and documents requested by the working body referred to in the first paragraph of this Rule, or one third of its members referred to in the second paragraph of this Rule, unless such is contrary to the law;
(4) The exercise of oversight over the application of special forms, methods and measures for data gathering which, in accordance with the law, falls within the competence of the Committee for the Oversight of the Work of the Security and Intelligence Services, may be requested in writing by at least one third of the members of the working body. The chairman of such working body must guarantee the exercise of oversight immediately upon receiving such request (Article 45 of the Rules of Procedure).
In order to gather information, a working body may organize public hearings and invite experts and other persons who might provide useful information. The calling of a public hearing, together with issues on which information needs to be gathered is announced in the media. The working body may ask the persons invited to the public hearing to deliver their opinions in writing as well (Article 46 of the Rules of Procedure). |
- Committees of inquiry and missions to Government departments
|
The National Assembly may order inquiries on matters of public importance, and it must do so when required by a third of the deputies or when required by the National Council. For this purpose, it appoints a Commission that in matters of investigation and examination has powers comparable to those of judicial authorities (Article 93 of the Constitution). |
- Oral and written questions of parliamentarians
|
Under the Rules of Procedure, every deputy has the right to put a question or present an initiative to the Government or a minister or to the Secretary General of the Government, with the purpose of regulating individual issues or adopting certain measures within the scope of work of the Government or a minister or a government office. Parliamentary questions may be put orally or in writing. Parliamentary initiatives may only be presented in writing. A parliamentary question or initiative must be short and concise and formulated in such a manner that its meaning is clear. Parliamentary questions and initiatives and replies thereto are published in the gazette of the National Assembly. The reply must clearly indicate to which question or initiative it relates (Article 240 of the Rules of Procedure).
A special agenda item of the National Assembly session is reserved once a month for parliamentary questions. For each discussion of parliamentary questions, the Bureau determines the date and time of the beginning of discussion of parliamentary questions and the duration of discussion. As a general rule, the afternoon part of the session is reserved for such discussion. During the discussion of parliamentary questions, the President of the Government and ministers as well as Secretaries General of the Government must be present at the session of the National Assembly (Article 241 of the Rules of Procedure).
Oral questions
A deputy may only put two oral questions at each session. The deputy applies to put a parliamentary question to the President of the National Assembly no later than one day before the beginning of the session at which parliamentary questions are discussed by noon.The President of the National Assembly refers the question to the President of the Government or minister or Secretary General of the Government to whom such questions are addressed immediately after receiving the written application (Article 242 of the Rules of Procedure).
If the written application clearly states that the parliamentary question relates to issues of local importance, the President of the National Assembly refers such question to the Government or the competent minister to prepare a written answer (Article 243 of the Rules of Procedure).
In determining the order of applications for parliamentary questions, the person chairing the session of the National Assembly ensures that deputies of different deputy groups are given the floor. The first four questions are put by opposition deputies and a deputy of the governing coalition. If they relate to the formulation or implementation of government policy, the first four questions are answered by the President of the Government (Article 244 of the Rules of Procedure).
Parliamentary questions are answered by the President of the Government or a minister or a Secretary General of the Government at the same session within five minutes. If they are not able to provide an answer at the same session, they explain such orally, and send a written answer within 30 days (Article 245 of the Rules of Procedure).
If the deputy is not satisfied with the answer received at the session, he may request that such an answer be supplemented. The explanation of the deputy's request for the supplementation of the answer may not exceed two minutes, while the supplementation of the answer by the President of the Government, minister or Secretary General of the Government may not exceed three minutes. At the proposal of the deputy who put the question, the National Assembly may decide to hold a debate on the answer provided by the Government or minister or Secretary General of the Government. The National Assembly decides thereon without debate (Article 246 of the Rules of Procedure).
If owing to time constraints or the absence of the President of the Government, minister or Secretary General of the Government, or for any other reason, the President of the Government, the minister or the Secretary General of the Government are not able to answer the parliamentary question, the Government, minister or Secretary General of the Government must send a written answer within 30 days, to be published in the Gazette of the National Assembly. The deputy who put the question may declare he insists on receiving an oral answer. In such case the question is placed on the agenda of the next session of the National Assembly (Article 247 of the Rules of Procedure).
Written questions and initiatives
Deputies present written questions or initiatives to the President of the National Assembly. The President of the National Assembly refers the parliamentary question or initiative to the Government or minister or Secretary General of the Government (Article 248 of the Rules of Procedure).
The Government or minister or Secretary General of the Government answer the written parliamentary question or initiative in writing within 30 days after receiving the question or initiative. The President of the National Assembly immediately informs the deputy who presented a written parliamentary question or initiative of the answer. If the deputy is not satisfied with the answer, he may request that such an answer be supplemented. The Government or minister or Secretary General of the Government send the supplemented answer within 15 days after receiving the request (Article 249 of the Rules of Procedure). |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable. The National Assembly uses decisions to decide on elections, appointments and discharges, to give its consent to acts of public institutes and public enterprises and to appointments and discharges of managers and members of administrative bodies of such institutes and enterprises, in accordance with the law and the Act on Establishment, and to decide on procedural motions and other issues that fall within the scope of its powers (Article 112 of the Rules of Procedure). |
- Activity reports of the Government administration and of public services or establishments
|
The duty to report to the National Assembly is provided for in some sectoral legislation, such as for the the Securities Market Agency and Agency for the Insurance Inspectorate. |
- Representation of Parliament in governing bodies of the Government administration
|
A member of the National Council may not at the same time be a deputy (a member) of the National Assembly.
The Deputies Act determines stipulates that a deputy may not simultaneously be a member of the National Council, nor may he perform other functions or work in state bodies. Furthermore, a deputy may not perform a function in local community bodies on a professional basis (Article 10 of the Deputies Act).
On the day of confirmation of election as deputy, the deputy must cease to hold any office which is not compatible with the office of deputy and to perform any work in a state body (Article 11 of the Deputies Act).
Deputies may not perform profit-making activities which are by law incompatible with the performance of public office. They may not be members of a supervisory board of a commercial enterprise. They must cease to perform activities under the preceding paragraphs not later than three months after the confirmation of election as deputy. If they do not do so, then their term of office is terminated (Article 12 of the Deputies Act).
If a deputy is elected Prime Minister or appointed Deputy Prime Minister or Minister or State Secretary, he or she may not hold the office of deputy while performing such a function.
During this period, the office of deputy shall be held by the candidate from the list of candidates who would have been elected if the candidate from the preceding paragraph had not been elected. If no such candidate exists, the office of deputy shall be held by the candidate from the list of the same name in the constituency in which the list had the greatest remainder of votes in proportion to the quotient in the constituency (Article 14 of the Deputies Act). |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Constitution stipulates that in order to protect human rights and fundamental freedoms in relation to the state authorities, local self-government authorities and bearers of public authority, the office of the Ombudsman for the rights of citizens is to be established by a legal act. Special Ombudsmen for the rights of citizens may also be established by law for particular fields (Article 12 of the Constitution). The Human Rights Ombudsman Act stipulates that the Human Rights Ombudsman is to be elected by the parliament upon the nomination of the President of the Republic (Article 2 of the Human Rights Ombudsman Act). The Ombudsman is elected by the parliament with a two thirds majority for a term of six years, and after the expiration of this term of office, he or she may be re-elected only once (Article 12 of the Human Rights Ombudsman Act).
In performing his or her function, the Ombudsman must act according to the provisions of the Constitution and international legal acts on human rights and fundamental freedoms. While intervening, he or she may invoke the principles of equity and good administration (Article 3 of the Human Rights Ombudsman Act).
The Ombudsman must be autonomous and perform his or her functions independently (Article 4 of the Human Rights Ombudsman Act).
The Ombudsman submits to the parliament general annual reports and special reports on his or her work. The funds for the Ombudsman's work are to be allocated by the parliament from the state budget (Article 5 of the Human Rights Ombudsman Act).
The Ombudsman has not less than two but no more than four deputies. Deputies must be appointed by the parliament upon the nomination of the Ombudsman. The Ombudsman submits nomination for his deputies to the parliament not later than six months prior to the expiration of the term of office of the current deputy. The parliament decides on the nomination of the Deputy Ombudsman within 45 days after its submission (Article 15 of the Human Rights Ombudsman Act). |
- Relationship to Parliament
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The Ombudsman may investigate cases of illegal or irregular activities by state bodies. He or she may invoke the principles of fairness and good management and propose the initiation of disciplinary proceedings against officials. The Ombudsman has the authority to submit a request for an assessment of the constitutionality and legality of regulations and general acts issued for the implementation of public authority, or he or she may, with the consent of the person affected, submit a constitutional appeal against a claimed violation of a human right or basic freedom through an individual act by a state or similar body. The Ombudsman may submit to the National Assembly and the Government petitions to change laws and other regulations. He or she may also submit proposals to any state or other body falling within his or her jurisdiction for them to improve their methods of work and treatment of clients. The Ombudsman reports on his or her work to the National Assembly in regular annual or special reports. |
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BUDGETARY OVERSIGHT
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| Consultation of Parliament in the preparation of the national budget
|
No |
With respect to budgetary proposals, the Government submits all relevant documents to the National Assembly. The Government submits the draft state budget for the following year by 1 October of the current year at the latest, together with the budget memorandum and other documents related to the draft budget, as provided by law (Article 155 of the Rules of Procedure).
All revenues and expenditures of the State and local communities for the financing of public spending must be included in their budgets (Article 148 of the Constitution). |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The National Assembly passes the budget as a special act and by a special procedure. Within five days from the submission of the proposed budget, the President of the National Assembly forwards it to the deputies and calls a session. The proposed budget and budget memorandum are presented by the Prime Minister and the minister of finance. Amendments to the proposed budget may be submitted by deputies, deputy groups, working bodies with a specific interest and by the central working body, the finance and monetary policy Committee. No later than 30 days from the presentation of the proposed budget, Government sets out its views on all the submitted amendments to which it agrees. Together with a supplemented proposal of the budget, Government must submit to the National Assembly the proposed budget implementation act.
When the voting on parts of the supplemented budget proposal is completed, the presiding officer determines whether the national budget is harmonised in terms of revenue and expenditures. If it is harmonised, the National Assembly votes on it in its entirety. Otherwise, the Assembly requests that Government or the finance and monetary policy Committee propose an amendment for harmonisation of the budget. No later than 15 days after the submission of the new budget proposal, the President of the National Assembly calls a session in which deputies debate and vote on parts of the budget and the amendments, and finally on the budget in its entirety.
The Government submits the draft state budget for the following year by 1 October of the current year at the latest, together with the budget memorandum and other documents related to the draft budget, as provided by law (Article 155 of the Rules of Procedure).
No later than five days following the submission of the draft state budget, the President of the National Assembly forwards to the deputies the draft state budget, the budget memorandum and other documents related to the draft budget, as provided by law, as well as the notification of the convening of the session at which the budget memorandum and the draft state budget will be presented. The session of the National Assembly at which the budget memorandum and the draft state budget will be presented is called by the President of the National Assembly no later than 10 days following the submission of the draft state budget. The budget memorandum and the draft state budget are presented at the session of the National Assembly by the President of the Government and the Minister of Finance. No debate is held on this presentation (Article 156 of the Rules of Procedure).
Amendments to the draft state budget may be tabled by deputies, deputy groups, the working bodies concerned and the working body responsible no later than 10 days following the presentation of the draft state budget at the session of the National Assembly. Amendments are tabled in writing and include a statement of reasons with regard to individual programme parts of the state budget. Anyone who proposes amendments must take into consideration the rule on the balance between budget revenue and expenditure. Amendments should not add charges to the budget reserve or general budget reserves, or incur additional borrowing (Article 157 of the Rules of Procedure).
Within 15 days following the presentation of the budget memorandum and the draft state budget, the working body responsible, at a session of the National Assembly, takes a position on all submitted amendments and adopts its amendments and draws up a report to be sent to the President of the National Assembly (Article 158 of the Rules of Procedure).
Within 30 days following the presentation of the draft state budget, the Government, at a session of the National Assembly, takes a position on all submitted amendments and on the basis of this position, the latest analyses of economic trends and the implementation of the state budget for the previous year, prepares a supplemented draft state budget and submits it to the National Assembly. The supplemented draft state budget is the submitted new integral text of the draft state budget, including the amendments with which the Government agrees and the necessary amendments made by the Government to the draft state budget. In a statement of reasons, the Government explains how it has taken into account the amendments of the qualified parties that made the proposals, and which additional amendments to the draft state budget it has made. The Government may propose to increase the budget or the borrowing (Article 159 of the Rules of Procedure).
Amendments to the supplemented draft state budget may be tabled by the working body responsible, a deputy group or at least one quarter of deputies. Amendments are tabled with regard to individual programme parts of the supplemented draft state budget (Article 160 of the Rules of Procedure).
The session of the National Assembly at which the debate on the supplemented draft state budget will be held is called by the President of the National Assembly within 15 days following the submission of the supplemented draft state budget (Article 161 of the Rules of Procedure).
When the voting on parts of the supplemented draft state budget is completed, the chairperson establishes whether the draft state budget is balanced in terms of revenue and expenditure and of individual parts. If in doubt, the chairperson requests the opinion of the Government and of the working body responsible. If the draft state budget is balanced, the National Assembly votes on it in its entirety (Article 162 of the Rules of Procedure).
If the chairperson establishes that the draft state budget is not balanced, the National Assembly requests the Government to submit, within a certain period of time, an amendment to balance the draft state budget. The amendment to balance the draft state budget may also be submitted by the working body responsible (Article 163 of the Rules of Procedure).
The budget implementation act must be harmonized with the adopted state budget. If the proposed act is not harmonized with the adopted state budget, the Government must propose a harmonizing amendment to the draft budget implementation act. If the harmonizing amendment is not adopted, it is deemed that the state budget has not been adopted (Article 164 of the Rules of Procedure).
If the state budget is not adopted, the National Assembly sets a time limit within which the Government must submit a new draft state budget. The President of the National Assembly convenes a session of the National Assembly within 15 days following the submission of the new draft state budget at the latest (Article 165 of the Rules of Procedure). |
- Reports on the budget / finance act by Committees
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The finance and monetary policy Committee sets out its views on amendments within 15 days from the presentation of the proposed budget, and drafts a report for the National Assembly. |
| Fields overseen |
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Parliament exercises oversight over all public funds. |
- Budget of special departments
|
Parliament exercises oversight over all public funds.
The Court of Audit is the highest body for supervising state accounts, the state budget and all public spending. The organization and powers of the Court of Audit are prescribed by law. The Court of Audit is independent in the performance of its duties and bound by the Constitution and by the law (Article 150 of the Constitution).
Under the Rules of Procedure, the Committee for Budgetary and Other Public Finance Oversight:
- provides oversight of the implementation of the state budget and of the financial plans of the Pension and Disability Insurance Institute, Health Insurance Institute and public institute Radiotelevizija Slovenija in terms of legality, purpose and rationality of use and reliability of their financial statements on the basis of Court of Audit's reports;,
- monitors the implementation of the budgets of local communities which receive financial resources to balance their accounts, and controls the intended use of resources allocated from the state budget;
- controls the implementation of financial plans and the reliability of financial statements of public funds, public enterprises and institutes founded by the Republic of Slovenia;
- discusses draft laws, other acts and issues related to the control over the implementation of the state budget and other public finance as well as to the activities of bodies responsible for such control;
- reports to the National Assembly on the control performed and proposes the necessary measures (Article 39 of the Rules of Procedure). |
- Role of Parliament in national development plans
|
On the proposal of the Government, the National Assembly adopts national programmes in the areas of public activities and economic infrastructure. Through these Assembly defines programmes of activity in individual areas that are financed from the budget or other public funds. The plan of development programmes, which is a constituent part of the budget, shows the planned budget expenditures on investments and State aid in the coming four years. The plan is supplemented each year.
Under the Rules of Procedure, the National Assembly adopts constitutional acts amending the Constitution, laws, authentic interpretations of laws, the state budget, the supplementary state budget, amendments to the state budget and the annual financial statement of the state budget, the Rules of Procedure of the National Assembly, ordinances, resolutions, declarations, recommendations and decisions, and official consolidated texts of laws (Article 107 of the Rules of Procedure).
The National Assembly uses resolutions to evaluate the state of affairs, to determine the policy and to adopt national programmes in individual areas (Article 109 of the Rules of Procedure).
The National Assembly uses declarations to state general positions on home and foreign policy issues and on individual issues of importance for the entire country (Article 110 of the Rules of Procedure).
The National Assembly uses recommendations to propose work measures for state bodies, organizations and individuals performing public service or exercising public authority (Article 111 of the Rules of Procedure). |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The Government must submit the budget together with the budget memorandum to the National Assembly no later than 1 October. The deadline for adoption of the budget by the National Assembly is the end of the calendar year, 31 December (Article 166 of the Rules of Procedure). |
| Consequences of failure by Parliament to adopt the budget / finance act |
If a budget has not been adopted by the first day it is due to come into force, the beneficiaries financed by the Budget are temporarily financed in accordance with the previous budget (Article 148 of the Constitution).
If a budget is not adopted, the National Assembly sets a time limit within which the Government must submit a new draft state budget (Article 165 of the Rules of Procedure). |
| Budgetary autonomy of Parliament |
Yes |
The budget of the National Assembly is a constituent part of the national budget. It is drafted by the Secretary General of the Assembly in agreement with the collegium Bureau of the National Assembly President. |
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OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The Government is accountable to the National Assembly for the execution of the budget. The National Assembly passes the closing accounts of the budget together with the report of the Court of Audit (Article 155 of the Rules of Procedure). |
| Parliamentary oversight of public companies |
Yes |
The Committee for Budgetary and Other Public Finance Oversight oversees the implementation of financial plans and the correctness of financial presentations by funds set up by law or by public companies and institutes. At least a third of the members of the Committee may request in writing from the Government, state bodies, public companies or funds data and individual documents that fall within the Committee's scope of activities.
The Rules of Procedure stipulate that:
(1) Within its scope of work, a working body may ask the Government and other state authorities as well as public institutes, public enterprises and public funds founded by the state, to provide explanations and information which it needs to perform its tasks;
(2) Notwithstanding the first paragraph of this rule, at least one third of the members of the Committee for Oversight of the Work of the Security and Intelligence Services and of the Committee for Budgetary and Other Public Finance Oversight may ask, in writing, the Government, other state authorities, public institutes, public enterprises and public funds founded by the State, to provide information and documents pertaining to the scope of work of such working body. The chairman of the working body must immediately forward the request received and bearing the signatures of at least one third of the members to the Head of the authority or institute, enterprise or fund;
(3) The Government, other state authorities, public institutes, public enterprises and public funds founded by the State must immediately forward the information and documents requested by the working body referred to in the first paragraph of this Rule or one third of its members referred to in the second paragraph of this Rule, unless such is contrary to the law;
(4) The exercise of oversight over the application of special forms, methods and measures for data collection which, in accordance with the law, falls within the competence of the Committee for Oversight of the Work of the Security and Intelligence Services, may be requested in writing by at least one third of the members of the working body. The chairman of such working body must guarantee the exercise of supervision immediately upon receiving such request (Article 45 of the Rules of Procedure). |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The Court of Audit is the highest body for supervising state accounts, the state budget and all public spending (Article 150 of the Constitution). The organizations and powers of the Court of Audit are set out by law. The Court of Audit is independent in the performance of its duties and bound by the Constitution and laws. Members of the Court of Audit are appointed by the National Assembly. |
- Reports of the public auditor's office
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The Court of Audit submits its annual report to the National Assembly. |
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For parliamentary oversight over the budget through an established standing committee for budgetary and other public finance oversight.
Under the Rules of Procedure, the Committee on Finance and Monetary Policy deals with draft laws, other acts and problems concerning the sphere of the Ministry of Finance, and investigates problems concerning the implementation of monetary policy, in cooperation with the representatives of the Bank of Slovenia (Article 2 of the Decree on the Establishment of the Committee on Finance and Monetary Policy. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
Parliament exercises oversight over foreign policy through the Committee on foreign policy, the Committee on EU Affairs and the Commission for relations with Slovenes abroad. |
|
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The Committees and the Commission analyse and deliberate over issues concerning foreign and European affairs, adopt and communicate their views on matters in their competence to the National Assembly, draw up proposals and deliberate over reports, maintain bilateral and multilateral contact with foreign States and monitor the implementation of relevant policies. |
- Composition of the Committee
|
The composition of the Committee on foreign affairs (19 members), Committee on EU Affairs (18 members) and Commission for relations with Slovenes abroad (9 members)
reflects the numerical representation of each party in Parliament. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
Plenary debates on international relations and foreign policy are usually held on the adoption of ratification laws of international treaties. There have also been several extraordinary sessions that have dealt exclusively with foreign policy issues. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliamentarians may sometimes participate in intergovernmental meetings at the request of Government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
Ratification of Treaties
(1) The National Assembly ratifies treaties by adopting a law;
(2) The draft law on ratification of a treaty is submitted by the Government;
(3) The ratification of a treaty is subject to the provisions of the Rules of Procedure that apply to urgent procedure;
(4) In the procedure for the ratification of a treaty, no amendments are possible to the text of the treaty.
(Article 169 of the Rules of Procedure). |
- Other mechanisms for participation in foreign policy by Parliament
|
Apart from bilateral and multilateral activities, a significant role in the conduct of EU policy is played also by the Committee on EU Affairs. An important role in international cooperation is also attributed to friendship groups or quadrilateral meetings and permanent delegations of National Assembly in international organizations (such as NATO, OSCE, CEI, PACE, EURO-MED, IPU, and Quadrilateral meetings (Slovenia, Hungary, Italy, Austria)). |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Parliament exercises oversight over defence policy through the Committee on Defence (Article 2 of the Decree on Establishment of the Committee on Defence). |
|
|
The Committee deliberates over proposed laws, other acts and issues relating to the working area of the Ministry of Defence (Article 2 of the Rules of Procedure). |
- Composition of the Committee
|
The composition of the Committee on Defence (10 members) reflects the numerical representation of each party in parliament. |
| Parliamentary oversight of public arms manufacturing companies |
The Committee on Defence deliberates over special purpose production, the state of affairs and the capacities of manufacturing companies, and gives its opinion and position on the implementation of policy. |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
A state of emergency should be declared whenever a great and general danger threatens the existence of the State (Article 92 of the Constitution). The declaration of war or state of emergency, urgent measures as well as their repeal, are decided 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 decides on said matters. Such decisions must be submitted for confirmation to the National Assembly immediately upon its next convening. |
- Role of Parliament in sending troops abroad
|
The National Assembly does not have any special competence in connection with sending troops abroad. The Government decides on the cooperation of the army in fulfilling obligations assumed in international organizations (General long-term plan on development and equipment of the Slovenian army; National Gazette, 97/2001). |
- Other mechanisms for participation in national defence policy by Parliament
|
The form, extent and organisation of the defence of the inviolability and integrity of the national territory are regulated by a law adopted by the National Assembly with a two-thirds majority of deputies present (Article 124 of the Constitution). The conduct of defence policy is supervised by the National Assembly. |
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STATE OF EMERGENCY
|
| Circumstances |
A state of emergency is declared whenever a great and general danger threatens the existence of the State (Article 92 of the Constitution). A state of emergency may be declared if there is an imminent threat of attack on the State, or if a direct threat of war arises. A state of war is declared upon a direct attack on the State. A military attack on any part of the country and with any military means and methods whatever is deemed to be an attack on the entire country. Natural disaster covers disasters caused by natural forces, while other disasters are those caused by man through activities and actions, as well as war, state of emergency and other forms of mass violence.
The declaration of war or state of emergency, urgent measures as well as their repeal, are decided by the National Assembly, on the proposal of Government. The National Assembly determines the basic guidelines for organising and implementing safety from disasters, adopts and oversees the national programme of safety from disasters, and decides on the provisions of funds and other issues. In the event that the National Assembly is unable to convene, the President decides on said matters. Such decisions must be submitted for confirmation to the National Assembly immediately upon it next convening. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
In the event that the National Assembly is unable to convene due to a state of emergency or war, the President may, on the proposal of Government, issue decrees with the force of law (Article 108 of the Constitution). Such decrees may, in exception, restrict individual rights and fundamental freedoms. The President of the Republic must submit decrees with the force of law to the National Assembly for confirmation immediately upon it next convening. If his or her term of office expires during a war or state of emergency, the President's term expires six months after the cessation of such war or state of emergency (Article 103 of the Constitution). If the term of the National Assembly expires during a war or state of emergency, its term also expires six months after the end of the war or state of emergency, or earlier if the National Assembly so decides (Article 81 of the Constitution) |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
A specialised body / constitutional Court |
The Constitutional Court is composed of nine Judges, elected on the proposal of the President of the Republic by the National Assembly (Article 163 of the Constitution). The judges are elected from among legal experts. The President of the Constitutional Court is elected among the judges for a term of three years. Judges are elected for a term of nine years, and may not be re-elected (Article 165 of the Constitution). |
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The Constitutional Court decides (i) on the conformity of laws with the Constitution, (ii) the conformity of laws and other regulations with ratified treaties and with general principles of international law, (iii) on the conformity of regulations with the Constitution and with laws, (iv) on the conformity of local community regulations with the Constitution and with laws, (v) on the conformity of general acts issued for the exercise of public authority with the Constitution, laws and regulations, (vi) on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts, (vii) on jurisdictional disputes between the State and local communities and among local communities themselves, (viii) on jurisdictional disputes between courts and other State authorities, (ix) on jurisdictional disputes between the National Assembly, the President o f the Republic and the Government, (x) on the unconstitutionality of the acts and activities of political parties, and (xi) on other matters vested in the Constitutional Court by the Constitution or laws (Article 160 of the Constitution).
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. 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 160 of the Constitution).
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. It may, up until a final decision, suspend in whole or in part the implementation of an act whose constitutionality or legality is being reviewed. If in deciding on a constitutional complaint the Constitutional Court establishes the unconstitutionality of a regulation or an act, it may annul or abrogate such regulation or act (Article 161 of the Constitution).
The Constitutional Court decides by a majority vote of all Judges unless otherwise provided for individual cases (Article 162 of the Constitution). |
| Evaluation of laws |
No |
Not applicable |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
