Adopted on: ۲۳ Dec ۱۹۹۱
Amended on: ۱۴ July ۱۹۹۷٫ ۲۵ July ۲۰۰۰٫ ۷ March ۲۰۰۳
Official long name: The Constitution of the Republic of Slovenia
[Part] I General Provisions
Article ۱ [Democratic Republic]
Slovenia is a democratic republic.
Article ۲ [Rule of Law٫ Social State]
Slovenia is a state governed by the rule of law and a social state.
Article ۳ [Self-Determination٫ Sovereignty]
(۱) Slovenia is a state of all its citizens and is founded on the permanent and
inalienable right of the Slovene nation to self-determination.
(۲) 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٫ execccutive and judicial powers.
Article ۳a [European unionnn]
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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 ۴ [Territorial Integrity]
Slovenia is a territorially unified and indivisible state.
Article ۵ [State objectttives]
(۱) 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 createee opportunities for the harmonious development of
society and culture in Slovenia.
(۲) 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 ۶ [State Symbols]
(۱) 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.
(۲) 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.
(۳) The national anthem of Slovenia is "Zdravljica".
(۴) The use of the coat-of-arms٫ the flag and the national anthem shall be
provided by law.
Article ۷ [Secularity]
(۱) The state and religious communities shall be separate.
(۲) Religious communities shall enjoy equal rights; they shall pursue their
activities freely.
Article ۸ [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 ۹ [Local Autonomy]
Local self-government in Slovenia is guaranteed.
Article ۱۰ [Capital]
The capital of Slovenia is Ljubljana.
Article ۱۱ [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 ۱۲ [Citizenship]
Slovene citizenship shall be regulated by law.
Article ۱۳ [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.
[Part] II Human Rights and Fundamental Freedoms
Article ۱۴ (Equality before the Law)
(۱) 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.
(۲) All are equal before the law.
Article ۱۵ (Exercise and Limitation of Rights)
(۱) Human rights and fundamental freedoms shall be exercised directly on the
basis of the Constitution.
(۲) 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.
(۳) Human rights and fundamental freedoms shall be limited only by the rights
of others and in such cases as are provided by this Constitution.
(۴) 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.
(۵) 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 ۱۶ (Temporary Suspension and Restriction of Rights)
(۱) 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
createee 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.
(۲) The provision of the preceding paragraph does not allow any temporary
suspension or restriction of the rights provided by Articles ۱۷٫ ۱۸٫ ۲۱٫ ۲۷٫
۲۸٫ ۲۹ and ۴۱.
Article ۱۷ (Inviolability of Human Life)
Human life is inviolable. There is no capital punishment in Slovenia.
Article ۱۸ (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 ۱۹ (Protection of Personal Liberty)
(۱) Everyone has the right to personal liberty.
(۲) No one may be deprived of his liberty except in such cases and pursuant to
such procedures as are provided by law.
(۳) 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 ۲۰ (Orders for and Duration of Detention)
(۱) A person reasonably suspected of havinggg 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.
(۲) 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.
(۳) If no charrrges are brought by the end of these terms٫ the suspected
person shall be released.
Article ۲۱ (Protection of Human Personality and Dignity)
(۱) 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.
(۲) 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 ۲۲ (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 ۲۳ (Right to Judicial Protection)
(۱) Everyone has the right to have any decision regarding his rights٫ duties
and any charrrges brought against him made without undue delay by an
independent٫ impartial court constituted by law.
(۲) Only a judge duly appointed pursuant to rules previously established by law
and by judicial regulations may judge such an individual.
Article ۲۴ (Public Nature of Court Proceedings)
Court hearings shall be public. Judgements shall be pronounced publicly.
Exceptions shall be provided by law.
Article ۲۵ (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 ۲۶ (Right to Compensation)
(۱) 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.
(۲) 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 ۲۷ (Presumption of Innocence)
Any person charrrged with a criminal offence shall be presumed innocent until
found guilty in a final judgement.
Article ۲۸ (Principle of Legality in Criminal Law)
(۱) 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.
(۲) 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 ۲۹ (Legal Guarantees in Criminal Proceedings)
(۱) Anyone charrrged with a criminal offence must٫ in addition to absolute
equality٫ be guaranteed the following rights:
(۲) the right to have adequate time and facilities to prepare his defence;
(۳) the right to be present at his trial and to conduct his own defence or to
be defended by a legal representative;
(۴) the right to present all evidence to his benefit;
(۵) the right not to incriminate himself or his relatives or those close to
him٫ or to admit guilt.
Article ۳۰ (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 ۳۱ (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 charrrge
was finally rejected٫ or for which the person was acquitted or convicted by
final judgement.
Article ۳۲ (Freedom of Movement)
(۱) Everyone has the right to freedom of movement٫ to choose his place of
residence٫ to leave the country and to return at any time.
(۲) 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.
(۳) Entry into the country by aliens٫ and the duration of their stay in the
country٫ may be limited on the basis of law.
Article ۳۳ (Right to Private Property and Inheritance)
The right to private property and inheritance shall be guaranteed.
Article ۳۴ (Right to Personal Dignity and Safety)
Everyone has the right to personal dignity and safety.
Article ۳۵ (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 ۳۶ (Inviolability of Dwellings)
(۱) Dwellings are inviolable.
(۲) 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.
(۳) Any person whose dwelling or other premises are searched has the right to
be present or to have a representative present.
(۴) Such a search may only be conducted in the presence of two witnesses.
(۵) 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 ۳۷ (Protection of the Privacy of Correspondence and Other Means of
Communication)
(۱) The privacy of correspondence and other means of communication shall be
guaranteed.
(۲) 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 ۳۸ (Protection of Personal Data)
(۱) The protection of personal data shall be guaranteed. The use of personal
data contrary to the purpose for which it was collected is prohibited.
(۲) The collection٫ processing٫ designated use٫ supervision and protection of
the confidentiality of personal data shall be provided by law.
(۳) 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 ۳۹ (Freedom of Expression)
(۱) 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.
(۲) 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 ۴۰ (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 ۴۱ (Freedom of Conscience)
(۱) Religious and other beliefs may be freely professed in private and public
life.
(۲) No one shall be obliged to declare his religious or other beliefs.
(۳) 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 ۴۲ (Right of Assembly and Association)
(۱) The right of peaceful assembly and public meeting shall be guaranteed.
(۲) Everyone has the right to freedom of association with others.
(۳) 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.
(۴) Professional members of the defence forces and the police may not be
members of political parties.
Article ۴۳ (Right to Vote)
(۱) The right to vote shall be universal and equal.
(۲) Every citizen who has attained the age of eighteen years has the right to
vote and be elected.
(۳) The law may provide in which cases and under what conditions aliens have
the right to vote.
Article ۴۴ (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 ۴۵ (Right to Petition)
Every citizen has the right to file petitions and to pursue other initiatives
of general significance.
Article ۴۶ (Right to Conscientious objectttion)
Conscientious objectttion shall be permissible in cases provided by law where
this does not limit the rights and freedoms of others.
Article ۴۷ (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 ۳a٫ Slovenia has transferred the
exercise of part of its sovereign rights to an international organisation.
Article ۴۸ (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 ۴۹ (Freedom of Work)
(۱) Freedom of work shall be guaranteed.
(۲) Everyone shall choose his employment freely.
(۳) Everyone shall have access under equal conditions to any position of
employment.
(۴) Forced labour shall be prohibited.
Article ۵۰ (Right to Social Security)
(۱) Citizens have the right to social security under conditions provided by
law.
(۲) The state shall regulate compulsory health٫ pension٫ disability and other
social insurance٫ and shall ensure its proper functioning.
(۳) Special protection in accordance with the law shall be guaranteed to war
veterans and victims of war.
Article ۵۱ (Right to Health Care)
(۱) Everyone has the right to health care under conditions provided by law.
(۲) The rights to health care from public funds shall be provided by law.
(۳) No one may be compelled to undergo medical treatment except in cases
provided by law.
Article ۵۲ (Rights of Disabled Persons)
(۱) Disabled persons shall be guaranteed protection and work-training in
accordance with the law.
(۲) Physically or mentally handicapped children and other severely disabled
persons have the right to education and training for an active life in society.
(۳) The education and training referred to in the preceding paragraph shall be
financed from public funds.
Article ۵۳ (Marriage and the Family)
(۱) Marriage is based on the equality of spouses. Marriages shall be solemnised
before an empowered state authority.
(۲) Marriage and the legal relations within it and the family٫ as well as those
within an extramarital unionnn٫ shall be regulated by law.
(۳) The state shall protect the family٫ motherhood٫ fatherhood٫ children and
young people and shall createee the necessary conditions for such protection.
Article ۵۴ (Rights and Duties of Parents)
(۱) 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.
(۲) Children born out of wedlock have the same rights as children born within
it.
Article ۵۵ (Freedom of Choice in Childbearing)
(۱) Everyone shall be free to decide whether to bear children.
(۲) The state shall guarantee the opportunities for exercising this freedom and
shall createee such conditions as will enable parents to decide to bear
children.
Article ۵۶ (Rights of Children)
(۱) Children shall enjoy special protection and care. Children shall enjoy
human rights and fundamental freedoms consistent with their age and maturity.
(۲) Children shall be guaranteed special protection from economic٫ social٫
physical٫ mental or other exploitation and abuse. Such protection shall be
regulated by law.
(۳) 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 ۵۷ (Education and Schooling)
(۱) Freedom of education shall be guaranteed.
(۲) Primary education is compulsory and shall be financed from public funds.
(۳) The state shall createee the opportunities for citizens to obtain a proper
education.
Article ۵۸ (Autonomy of Universities and Other Institutions of Higher
Education)
(۱) State universities and state institutions of higher education shall be
autonomous.
(۲) The manner of their financing shall be regulated by law.
Article ۵۹ (Freedom of Science and the Arts)
The freedom of scientific and artistic endeavour shall be guaranteed.
Article ۶۰ (Intellectual Property Rights)
The protection of copyright and other rights deriving from artistic٫
scientific٫ research and invention activities shall be guaranteed.
Article ۶۱ (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 scripttt.
Article ۶۲ (Right to Use One''s Language and scripttt)
Everyone has the right to use his language and scripttt 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 ۶۳ (Prohibition of Incitement to Discrimination and Intolerance and
Prohibition of Incitement to Violence and War)
(۱) Any incitement to national٫ racial٫ religious or other discrimination٫ and
the inflaming of national٫ racial٫ religious or other hatred and intolerance
are unconstitutional.
(۲) Any incitement to violence and war is unconstitutional.
Article ۶۴ (Special Rights of the Autochthonous Italian and Hungarian
National Communities in Slovenia)
(۱) 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.
(۲) 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.
(۳) The two national communities shall be directly represented in
representative bodies of local self-government and in the National Assembly.
(۴) 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.
(۵) 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 ۶۵ (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.
[Part] III Economic and Social Relations
Article ۶۶ (Security of Employment)
The state shall createee opportunities for employment and work٫ and shall
ensure the protection of both by law.
Article ۶۷ (Property)
(۱) The manner in which property is acquired and enjoyed shall be established
by law so as to ensure its economic٫ social and environmental function.
(۲) The manner and conditions of inheritance shall be established by law.
Article ۶۸ (Property Rights of Aliens)
(۱) 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.
(۲) 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 ۶۹ (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 ۷۰ (National Assets and Natural Resources)
(۱) Special rights to use national assets may be acquired٫ subject to
conditions established by law.
(۲) The conditions under which natural resources may be exploited shall be
established by law.
(۳) The law may provide that natural resources may also be exploited by foreign
persons and shall establish the conditions for such exploitation.
Article ۷۱ (Protection of Land)
(۱) The law shall establish special conditions for land utilisation in order to
ensure its proper use.
(۲) Special protection of agricultural land shall be provided by law.
(۳) The state shall promote the economic٫ cultural and social advancement of
the population living in mountain and hill areas.
Article ۷۲ (Healthy Living Environment)
(۱) Everyone has the right in accordance with the law to a healthy living
environment.
(۲) 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.
(۳) The law shall establish under which conditions and to what extent a person
who has damaged the living environment is obliged to provide compensation.
(۴) The protection of animals from cruelty shall be regulated by law.
Article ۷۳ (Protection of Natural and Cultural Heritage)
(۱) Everyone is obliged in accordance with the law to protect natural sites of
special interest٫ rarities and cultural monuments.
(۲) The state and local communities shall promote the preservation of the
natural and cultural heritage.
Article ۷۴ (Free Enterprise)
(۱) Free economic initiative shall be guaranteed.
(۲) 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.
(۳) Unfair competition practices and practices which restrict competition in a
manner contrary to the law are prohibited.
Article ۷۵ (Participation in Management)
Employees shall participate in the management of commercial organisations and
institutions in a manner and under conditions provided by law.
Article ۷۶ (Freedom of Trade unionnns)
The freedom to establish٫ operate and join trade unionnns shall be guaranteed.
Article ۷۷ (Right to Strike)
(۱) Employees have the right to strike.
(۲) 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 ۷۸ (Proper Housing)
The state shall createee opportunities for citizens to obtain proper housing.
Article ۷۹ (Aliens Employed in Slovenia)
Aliens employed in Slovenia and members of their families have special rights
provided by law.
[Part] IV Organisation of the State
[Section] A The National Assembly
Article ۸۰ (Composition and Election)
(۱) The National Assembly is composed of deputies of the citizens of Slovenia
and comprises ninety deputies.
(۲) Deputies are elected by universal٫ equal٫ direct and secret voting.
(۳) One deputy of the Italian and one deputy of the Hungarian national
communities shall always be elected to the National Assembly.
(۴) The electoral system shall be regulated by a law passed by the National
Assembly by a two-thirds majority vote of all deputies.
(۵) 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 ۸۱ (Term of the National Assembly)
(۱) The National Assembly is elected for four years.
(۲) 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.
(۳) 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 ۸۲ (Deputies)
(۱) Deputies of the National Assembly are representatives of all the people and
shall not be bound by any instructions.
(۲) The law shall establish who may not be elected a deputy٫ and the
incompatibility of the office of deputy with other offices and activities.
(۳) 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 ۸۳ (Immunity of Deputies)
(۱) 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.
(۲) 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.
(۳) 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 ۸۴ (President of the National Assembly)
The National Assembly has a president who is elected by a majority vote of
all deputies.
Article ۸۵ (Sessions of the National Assembly)
(۱) The National Assembly meets in regular and extraordinary sessions.
(۲) 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 ۸۶ (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 ۸۷ (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 ۸۸ (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 ۸۹ (Legislative Procedure)
The National Assembly shall pass laws in a multiphase procedure unless
otherwise provided by its rules of procedure.
Article ۹۰ (Legislative Referendum)
(۱) 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.
(۲) 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.
(۳) The right to vote in a referendum is held by all citizens who are eligible
to vote in elections.
(۴) A proposal is passed in a referendum if a majority of those voting have
cast votes in favour of the same.
(۵) Referendums are regulated by a law passed in the National Assembly by a
two-thirds majority vote of deputies present.
Article ۹۱ (Promulgation of Laws)
(۱) Laws are promulgated by the President of the Republic no later than eight
days after they have been passed.
(۲) 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 ۹۲ (War and State of Emergency)
(۱) 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.
(۲) The National Assembly decides on the use of the defence forces.
(۳) 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 ۹۳ (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 ۹۴ (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 ۹۵ (Remuneration of Deputies)
Deputies of the National Assembly receive such salary or remuneration as are
established by law.
[Section] B The National Council
Article ۹۶ (Composition)
(۱) The National Council is the representative body for social٫ economic٫
professional and local interests. The National Council has forty members.
(۲) 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.
(۳) The organisation of the National Council is regulated by law.
Article ۹۷ (Powers of the National Council)
(۱) 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 ۹۰;
-–- require inquiries on matters of public importance as referred to in
Article ۹۳.
(۲) Where required by the National Assembly٫ the National Council must express
its opinion on an individual matter.
Article ۹۸ (Election)
(۱) 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.
(۲) Members of the National Council are elected for a term of five years.
Article ۹۹ (Decision-making)
(۱) The National Council may pass decisions if a majority of members are
present at the session.
(۲) 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 ۱۰۰ (Immunity and Incompatibility of Office)
(۱) A member of the National Council may not at the same time be a deputy of
the National Assembly.
(۲) Members of the National Council enjoy the same immunity as deputies.
Immunity is decided upon by the National Council.
Article ۱۰۱ (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.
[Section] C President of the Republic
Article ۱۰۲ (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 ۱۰۳ (Election of the President of the Republic)
(۱) The President of the Republic is elected in direct٫ general elections by
secret ballot.
(۲) The candidate who receives a majority of the valid votes cast is elected
President of the Republic.
(۳) 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.
(۴) Only a citizen of Slovenia may be elected President of the Republic.
(۵) 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 ۱۰۴ (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 ۱۰۵ (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 ۱۰۶ (Deputisation of the President of the Republic)
(۱) 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.
(۲) 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 ۱۰۷ (Powers of the President of the Republic)
(۱) 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.
(۲) Where required by the National Assembly the President of the Republic must
express his opinion on an individual issue.
Article ۱۰۸ (Decrees with the Force of Law)
(۱) 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.
(۲) Such decrees may٫ in exception٫ restrict individual rights and fundamental
freedoms as provided by Article ۱۶ of this Constitution.
(۳) 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 ۱۰۹ (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 charrrges are justified or it shall dismiss the
charrrges٫ 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.
[Section] C The Government
Article ۱۱۰ (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 ۱۱۱ (Election of the President of the Government)
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) 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 ۱۱۲ (Appointment of Ministers)
(۱) Ministers are appointed and dismissed by the National Assembly on the
proposal of the President of the Government.
(۲) Prior to appointment a proposed minister must appear before a competent
commission of the National Assembly and answer its questions.
Article ۱۱۳ (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 ۱۰۴.
Article ۱۱۴ (Organisation of the Government)
(۱) 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.
(۲) The composition and functioning of the Government٫ and the number٫
competencies and organisation of ministries shall be regulated by law.
Article ۱۱۵ (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 ۱۱۶ (Vote of No Confidence)
(۱) 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.
(۲) 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.
(۳) Where a President of the Government has been elected on the basis of the
fourth paragraph of Article ۱۱۱ 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 ۱۱۷ (Vote of Confidence)
(۱) 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.
(۲) No less than forty-eight hours must elapse between the requirement of a
vote of confidence and the vote itself.
Article ۱۱۸ (Interpellation)
(۱) 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.
(۲) 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 ۱۱۹ (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 charrrges of violating the Constitution and
laws during the performance of their office. The Constitutional Court considers
the charrrges in such a manner as determined in Article ۱۰۹.
[Section] D State Administration
Article ۱۲۰ (Organisation and Work of the State Administration)
(۱) The organisation of the state administration٫ its competence and the manner
of appointment of its officers are regulated by law.
(۲) Administrative bodies perform their work independently within the framework
and on the basis of the Constitution and laws.
(۳) 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 ۱۲۱ (Duties of Administrative Bodies)
(۱) Duties of the state administration are performed directly by ministries.
(۲) 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 ۱۲۲ (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.
[Section] E National Defence
Article ۱۲۳ (Duty to Participate in the National Defence)
(۱) Participation in the national defence is compulsory for citizens within the
limits and in the manner provided by law.
(۲) 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 ۱۲۴ (National Defence)
(۱) 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.
(۲) The conducting of defence is supervised by the National Assembly.
(۳) In the provision of security the state proceeds principally from a policy
of peace٫ and an ethic of peace and non-aggression.
[Section] F The Judiciary
Article ۱۲۵ (Independence of Judges)
Judges shall be independent in the performance of the judicial function. They
shall be bound by the Constitution and laws.
Article ۱۲۶ (Organisation and Jurisdiction of Courts)
(۱) The organisation and jurisdiction of courts are determined by law.
(۲) Extraordinary courts may not be established٫ nor may military courts be
established in peacetime.
Article ۱۲۷ (Supreme Court)
(۱) The Supreme Court is the highest court in the state.
(۲) It decides on ordinary and extraordinary legal remedies and performs other
functions provided by law.
Article ۱۲۸ (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 ۱۲۹ (Permanence of Judicial Office)
(۱) The office of a judge is permanent. The age requirement and other
conditions for election are determined by law.
(۲) The retirement age of judges is determined by law.
Article ۱۳۰ (Election of Judges)
Judges are elected by the National Assembly on the proposal of the Judicial
Council.
Article ۱۳۱ (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 selecttt a president from among their own
number.
Article ۱۳۲ (Termination of and Dismissal from Judicial Office)
(۱) A judge ceases to hold judicial office where circumstances arise as
provided by law.
(۲) 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.
(۳) 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 ۱۳۳ (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 ۱۳۴ (Immunity of Judges)
(۱) No one who participates in making judicial decisions may be held
accountable for an opinion expressed during decision-making in court.
(۲) 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.
[Section] G State Prosecutor''s Office
Article ۱۳۵ (State Prosecutor)
(۱) State Prosecutors file and present criminal charrrges and have other
powers provided by law.
(۲) The organisation and powers of state prosecutor offices are provided by
law.
Article ۱۳۶ (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.
[Section] H Attorneyship and Notariat
Article ۱۳۷ (Attorneyship and Notariat)
(۱) Attorneyship is an independent service within the system of justice٫ and is
regulated by law.
(۲) The notariat is a public service regulated by law.
[Part] V Self-Government
[Section] A Local Self-Government
Article ۱۳۸ (Exercise of Local Self-Government)
Residents of Slovenia exercise local self-government in municipalities and
other local communities.
Article ۱۳۹ (Municipalities)
(۱) Municipalities are self-governing local communities.
(۲) The territory of a municipality comprises a settlement or several
settlements bound together by the common needs and interests of the residents.
(۳) 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 ۱۴۰ (Scope of Local Self-Government)
(۱) 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.
(۲) 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.
(۳) State authorities shall supervise the proper and competent performance of
work relating to matters vested in the local community bodies by the state.
Article ۱۴۱ (Urban Municipalities)
(۱) A town may attain the status of an urban municipality in accordance with
such procedure and under such conditions as provided by law.
(۲) 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 ۱۴۲ (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 ۱۴۳ (Wider Self-Governing Local Communities)
(۱) 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.
(۲) The principles and criteria regarding the transfer of competence from the
preceding paragraph are regulated by law.
Article ۱۴۴ (Supervision by State Authorities)
State authorities supervise the legality of the work of local community
authorities.
[Section] B Other Forms of Self-Government
Article ۱۴۵ (Self-Government in the Field of Social Activities)
(۱) Citizens may form self-governing associations to promote their interests.
(۲) Citizens may be given the authority by law to manage through
self-government particular matters within the state competence.
[Part] VI Public Finance
Article ۱۴۶ (Financing of the State and Local Communities)
(۱) The state and local communities raise funds for the performance of their
duties by means of taxes and other compulsory charrrges as well as from
revenues from their own assets.
(۲) The state and local communities disclose the value of their assets by means
of balance sheets.
Article ۱۴۷ (Taxes)
The state imposes taxes٫ customs duties and other charrrges by law. Local
communities impose taxes and other charrrges under conditions provided by the
Constitution and law.
Article ۱۴۸ (Budgets)
(۱) All revenues and expenditures of the state and local communities for the
financing of public spending must be included in their budgets.
(۲) 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 ۱۴۹ (State Borrowings)
State borrowings and guarantees by the state for loans are only permitted on
the basis of law.
Article ۱۵۰ (Court of Audit)
(۱) The Court of Audit is the highest body for supervising state accounts٫ the
state budget and all public spending.
(۲) The organisation and powers of the Court of Audit are provided by law.
(۳) The Court of Audit is independent in the performance of its duties and
bound by the Constitution and laws.
Article ۱۵۱ (Appointment of Members to the Court of Audit)
Members of the Court of Audit are appointed by the National Assembly.
Article ۱۵۲ (Central Bank)
(۱) 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.
(۲) The governor of the central bank is appointed by the National Assembly.
[Part] VII Constitutionality and Legality
Article ۱۵۳ (Conformity of Legal Acts)
(۱) Laws٫ regulations and other general legal acts must be in conformity with
the Constitution.
(۲) 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.
(۳) Regulations and other general legal acts must be in conformity with the
Constitution and laws.
(۴) 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 ۱۵۴ (Validity and Publication of Regulations)
(۱) 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.
(۲) 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 ۱۵۵ (Prohibition of Retroactive Effect of Legal Acts)
(۱) Laws and other regulations and general legal acts cannot have retroactive
effect.
(۲) 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 ۱۵۶ (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 ۱۵۷ (Judicial Review of Administrative Acts)
(۱) A court havinggg 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.
(۲) If other legal protection is not provided٫ the court havinggg 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 ۱۵۸ (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 ۱۵۹ (Ombudsman for Human Rights and Fundamental Freedoms)
(۱) 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.
(۲) Special ombudsmen for the rights of citizens may also be established by law
for particular fields.
[Part] VIII The Constitutional Court
Article ۱۶۰ (Powers of the Constitutional Court)
(۱) 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.
(۲) 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.
(۳) 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 ۱۶۱ (Abrogation of a Law)
(۱) 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.
(۲) 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.
(۳) The legal consequences of Constitutional Court decisions shall be regulated
by law.
Article ۱۶۲ (Proceedings before the Constitutional Court)
(۱) Proceedings before the Constitutional Court shall be regulated by law.
(۲) 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.
(۳) 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 ۱۶۳ (Composition and Election)
(۱) 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.
(۲) The judges are elected from among legal experts.
(۳) The President of the Constitutional Court is elected by the judges from
among their own number for a term of three years.
Article ۱۶۴ (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 ۱۶۵ (Term of Office of Judges)
(۱) Constitutional Court judges are elected for a term of nine years.
Constitutional Court judges may not be re-elected.
(۲) 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 ۱۶۶ (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 ۱۶۷ (Immunity)
Constitutional Court judges enjoy the same immunity as National Assembly
deputies. The National Assembly decides on such immunity.
[Part] IX Procedure for Amending the Constitution
Article ۱۶۸ (Proposal to Initiate the Procedure)
(۱) 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.
(۲) Such proposal is decided upon by the National Assembly by a two-thirds
majority vote of deputies present.
Article ۱۶۹ (Acts Amending the Constitution)
The National Assembly adopts acts amending the Constitution by a two-thirds
majority vote of all deputies.
Article ۱۷۰ (Confirmation of Constitutional Amendments by Referendum)
(۱) The National Assembly must submit a proposed constitutional amendment to
voters for adoption in a referendum٫ if so required by at least thirty
deputies.
(۲) 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 ۱۷۱ (Promulgation of Constitutional Amendments)
Constitutional amendments enter into force upon their promulgation in the
National Assembly.
[Part] X Transitional and Final Provisions
Article ۱۷۲ [Promulgation]
This Constitution enters into force upon its promulgation.
Article ۱۷۳ [Enforcement]
The provisions of this Constitution apply from the day of its promulgation٫
unless otherwise provided in the constitutional act implementing this
Constitution.
Article ۱۷۴ [Implementation]
(۱) 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.
(۲) 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.