Right to self determination, Preamble, Source of constitutional authority
Proceeding from the Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia, and from fundamental human rights and freedoms, and the fundamental and permanent right of the Slovene nation to self-determination; and from the historical fact that in a centuries-long struggle for national liberation we Slovenes have established our national identity and asserted our statehood, the Assembly of the Republic of Slovenia hereby adopts
I. General Provisions
Type of government envisioned
Slovenia is a democratic republic.
Slovenia is a state governed by the rule of law and a social state.
Slovenia is a state of all its citizens and is founded on the permanent and inalienable right of the Slovene nation to self-determination.
In Slovenia power is vested in the people. Citizens exercise this power directly and through elections, consistent with the principle of the separation of legislative, executive and judicial powers.
Treaty ratification, Regional group(s), International organizations
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.
Before ratifying a treaty referred to in the preceding paragraph, the National Assembly may call a referendum. A proposal shall pass at the referendum if a majority of voters who have cast valid votes vote in favour of such. The National Assembly is bound by the result of such referendum. If such referendum has been held, a referendum regarding the law on the ratification of the treaty concerned may not be called.
Legal acts and decisions adopted within international organisations to which Slovenia has transferred the exercise of part of its sovereign rights shall be applied in Slovenia in accordance with the legal regulation of these organisations.
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.
Slovenia is a territorially unified and indivisible state.
In its own territory, the state shall protect human rights and fundamental freedoms. It shall protect and guarantee the rights of the autochthonous Italian and Hungarian national communities. It shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland. It shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in Slovenia.
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.
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.
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.
The national anthem of Slovenia is "Zdravljica".
The use of the coat-of-arms, the flag and the national anthem shall be provided by law.
Separation of church and state
The state and religious communities shall be separate.
Freedom of religion
Religious communities shall enjoy equal rights; they shall pursue their activities freely.
International law, Customary international law, Legal status of treaties
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.
Local self-government in Slovenia is guaranteed.
The capital of Slovenia is Ljubljana.
Protection of language use, Official or national languages, Integration of ethnic communities
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.
Requirements for birthright citizenship
Slovene citizenship shall be regulated by law.
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.
II. Human Rights and Fundamental Freedoms
General guarantee of equality
Article 14. Equality before the Law
Equality regardless of language, Equality regardless of creed or belief, Equality regardless of race, Equality regardless of political party, Equality regardless of financial status, Equality regardless of religion, Equality regardless of parentage, Equality for persons with disabilities, Equality regardless of origin, Equality regardless of social status, Equality regardless of gender
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, disability or any other personal circumstance.
All are equal before the law.
Article 15. Exercise and Limitation of Rights
Human rights and fundamental freedoms shall be exercised directly on the basis of the Constitution.
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.
Human rights and fundamental freedoms shall be limited only by the rights of others and in such cases as are provided by this Constitution.
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.
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.
Inalienable rights, Emergency provisions
Article 16. Temporary Suspension and Restriction of Rights
Human rights and fundamental freedoms provided by this Constitution may exceptionally be temporarily suspended or restricted during a war and state of emergency. Human rights and fundamental freedoms may be suspended or restricted only for the duration of the war or state of emergency, but only to the extent required by such circumstances and inasmuch as the measures adopted do not create inequality based solely on race, national origin, sex, language, religion, political or other conviction, material standing, birth, education, social status or any other personal circumstance.
The provision of the preceding paragraph does not allow any temporary suspension or restriction of the rights provided by Articles 17, 18, 21, 27, 28, 29 and 41.
Right to life, Prohibition of capital punishment
Article 17. Inviolability of Human Life
Human life is inviolable. There is no capital punishment in Slovenia.
Prohibition of torture, Reference to science, Prohibition of cruel treatment
Article 18. Prohibition of Torture
No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.
Article 19. Protection of Personal Liberty
Everyone has the right to personal liberty.
No one may be deprived of his liberty except in such cases and pursuant to such procedures as are provided by law.
Protection from self-incrimination, Right to counsel, Trial in native language of accused
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.
Protection from unjustified restraint
Article 20. Orders for and Duration of Detention
A person reasonably suspected of having committed a criminal offence may be detained only on the basis of a court order when this is absolutely necessary for the course of criminal proceedings or for reasons of public safety.
Right to appeal judicial decisions
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.
If no charges are brought by the end of these terms, the suspected person shall be released.
Prohibition of corporal punishment, Human dignity
Article 21. Protection of Human Personality and Dignity
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.
Regulation of evidence collection
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.
General guarantee of equality
Article 22. Equal Protection of Rights
Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities and bearers of public authority that decide on his rights, duties or legal interests.
Right to speedy trial
Article 23. Right to Judicial Protection
Right to fair trial
Everyone has the right to have any decision regarding his rights, duties and any charges brought against him made without undue delay by an independent, impartial court constituted by law.
Only a judge duly appointed pursuant to rules previously established by law and by judicial regulations may judge such an individual.
Right to public trial
Article 24. Public Nature of Court Proceedings
Court hearings shall be public. Judgements shall be pronounced publicly. Exceptions shall be provided by law.
Right to appeal judicial decisions
Article 25. Right to Legal Remedies
Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities and bearers of public authority by which his rights, duties or legal interests are determined.
Ultra-vires administrative actions
Article 26. Right to Compensation
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.
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.
Presumption of innocence in trials
Article 27. Presumption of Innocence
Any person charged with a criminal offence shall be presumed innocent until found guilty in a final judgement.
Principle of no punishment without law, Protection from ex post facto laws
Article 28. Principle of Legality in Criminal Law
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.
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.
Right to fair trial
Article 29. Legal Guarantees in Criminal Proceedings
Anyone charged with a criminal offence must, in addition to absolute equality, be guaranteed the following rights:
- the right to have adequate time and facilities to prepare his defence;
the right to be present at his trial and to conduct his own defence or to be defended by a legal representative;
the right to present all evidence to his benefit;
Protection from self-incrimination
the right not to incriminate himself or his relatives or those close to him, or to admit guilt.
Protection from false imprisonment
Article 30. Right to Rehabilitation and Compensation
Any person unjustly convicted of a criminal offence or deprived of his liberty without due cause has the right to rehabilitation and compensation, and other rights provided by law.
Prohibition of double jeopardy
Article 31. Prohibition of Double Jeopardy
No one may be sentenced or punished twice for the same criminal offence for which criminal proceedings were dismissed finally, or for which the charge was finally rejected, or for which the person was acquitted or convicted by final judgement.
Freedom of movement
Article 32. Freedom of Movement
Everyone has the right to freedom of movement, to choose his place of residence, to leave the country and to return at any time.
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.
Restrictions on entry or exit
Entry into the country by aliens, and the duration of their stay in the country, may be limited on the basis of law.
Right to own property, Right to transfer property
Article 33. Right to Private Property and Inheritance
The right to private property and inheritance shall be guaranteed.
Article 34. Right to Personal Dignity and Safety
Everyone has the right to personal dignity and safety.
Right to privacy
Article 35. Protection of Right to Privacy and Personality Rights
The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed.
Right to privacy, Regulation of evidence collection
Article 36. Inviolability of Dwellings
Dwellings are inviolable.
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.
Any person whose dwelling or other premises are searched has the right to be present or to have a representative present.
Such a search may only be conducted in the presence of two witnesses.
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.
Right to privacy
Article 37. Protection of the Privacy of Correspondence and Other Means of Communication
The privacy of correspondence and other means of communication shall be guaranteed.
Only a law may prescribe that on the basis of a court order the protection of the privacy of correspondence and other means of communication and the inviolability of personal privacy be suspended for a set time where such is necessary for the institution or course of criminal proceedings or for reasons of national security.
Article 38. Protection of Personal Data
The protection of personal data shall be guaranteed. The use of personal data contrary to the purpose for which it was collected is prohibited.
The collection, processing, designated use, supervision and protection of the confidentiality of personal data shall be provided by law.
Right to information
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.
Freedom of press, Freedom of expression
Article 39. Freedom of Expression
Freedom of opinion/thought/conscience
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.
Right to information
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.
Right to protect one's reputation
Article 40. Right to Correction and Reply
The right to correct published information which has damaged a right or interest of an individual, organisation or body shall be guaranteed, as shall be the right to reply to such published information.
Freedom of opinion/thought/conscience, Freedom of religion
Article 41. Freedom of Conscience
Religious and other beliefs may be freely professed in private and public life.
No one shall be obliged to declare his religious or other beliefs.
Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions.
Article 42. Right of Assembly and Association
Freedom of assembly
The right of peaceful assembly and public meeting shall be guaranteed.
Freedom of association
Everyone has the right to freedom of association with others.
Freedom of assembly, Freedom of association
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.
Restrictions on the armed forces
Professional members of the defence forces and the police may not be members of political parties.
Restrictions on voting
Article 43. Right to Vote
Claim of universal suffrage
The right to vote shall be universal and equal.
Every citizen who has attained the age of eighteen years has the right to vote and be elected.
The law may provide in which cases and under what conditions aliens have the right to vote.
The law shall provide measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities.
Article 44. Participation in the Management of Public Affairs
Every citizen has the right, in accordance with the law, to participate either directly or through elected representatives in the management of public affairs.
Right of petition
Article 45. Right to Petition
Every citizen has the right to file petitions and to pursue other initiatives of general significance.
Right to conscientious objection
Article 46. Right to Conscientious Objection
Conscientious objection shall be permissible in cases provided by law where this does not limit the rights and freedoms of others.
International law, Extradition procedure, International organizations
Article 47. Extradition
No citizen of Slovenia may be extradited or surrendered unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of Article 3a, Slovenia has transferred the exercise of part of its sovereign rights to an international organisation.
Protection of stateless persons
Article 48. Asylum
Within the limits of the law, the right of asylum shall be recognised for foreign nationals and stateless persons who are subject to persecution for their commitment to human rights and fundamental freedoms.
Right to choose occupation
Article 49. Freedom of Work
Freedom of work shall be guaranteed.
Everyone shall choose his employment freely.
Prohibition of slavery
Everyone shall have access under equal conditions to any position of employment. Forced labour shall be prohibited.
Article 50. Right to Social Security
Citizens have the right to social security, including the right to a pension, under conditions provided by law.
State support for the disabled
The state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning.
Special protection in accordance with the law shall be guaranteed to war veterans and victims of war.
Right to health care
Article 51. Right to Health Care
Everyone has the right to health care under conditions provided by law.
The rights to health care from public funds shall be provided by law.
No one may be compelled to undergo medical treatment except in cases provided by law.
State support for the disabled
Article 52. Rights of Disabled Persons
Disabled persons shall be guaranteed protection and work-training in accordance with the law.
Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society.
The education and training referred to in the preceding paragraph shall be financed from public funds.
Regulation of marriage
Article 53. Marriage and the Family
Provision for matrimonial equality
Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.
Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law.
The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.
Rights of children
Article 54. Rights and Duties of Parents
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.
Children born out of wedlock have the same rights as children born within it.
Right to found a family
Article 55. Freedom of Choice in Childbearing
Everyone shall be free to decide whether to bear children.
The state shall guarantee the opportunities for exercising this freedom and shall create such conditions as will enable parents to decide to bear children.
State support for children, Rights of children
Article 56. Rights of Children
Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.
Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law.
Children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. Their position shall be regulated by law.
Article 57. Education and Schooling
Freedom of education shall be guaranteed.
Free education, Compulsory education
Primary education is compulsory and shall be financed from public funds.
The state shall create the opportunities for citizens to obtain a proper education.
Right to academic freedom
Article 58. Autonomy of Universities and Other Institutions of Higher Education
State universities and state institutions of higher education shall be autonomous.
The manner of their financing shall be regulated by law.
Reference to science, Reference to art
Article 59. Freedom of Science and the Arts
The freedom of scientific and artistic endeavour shall be guaranteed.
Provisions for intellectual property, Reference to art, Reference to science
Article 60. Intellectual Property Rights
The protection of copyright and other rights deriving from artistic, scientific, research and invention activities shall be guaranteed.
Right to culture, Protection of language use
Article 61. Expression of National Affiliation
Everyone has the right to freely express affiliation with his nation or national community, to foster and give expression to his culture and to use his language and script.
Protection of language use
Article 62. Right to Use One's Language and Script
Everyone has the right to use his language and script in a manner provided by law in the exercise of his rights and duties and in procedures before state and other bodies performing a public function.
Article 63. Prohibition of Incitement to Discrimination and Intolerance and Prohibition of Incitement to Violence and War
Any incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance are unconstitutional.
Any incitement to violence and war is unconstitutional.
Integration of ethnic communities, Right to culture
Article 64. Special Rights of the Autochthonous Italian and Hungarian National Communities in Slovenia
Reference to science, Protection of language use
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.
Indigenous right to self governance
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.
Indigenous right to representation
The two national communities shall be directly represented in representative bodies of local self-government and in the National Assembly.
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.
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.
Integration of ethnic communities
Article 65. Status and Special Rights of the Romany Community in Slovenia
The status and special rights of the Romany community living in Slovenia shall be regulated by law.
III. Economic and Social Relations
Right to work
Article 66. Security of Employment
The state shall create opportunities for employment and work, and shall ensure the protection of both by law.
Article 67. Property
The manner in which property is acquired and enjoyed shall be established by law so as to ensure its economic, social and environmental function.
Right to transfer property
The manner and conditions of inheritance shall be established by law.
Article 68. Property Rights of Aliens
Aliens may acquire ownership rights to real estate under conditions provided by law or a treaty ratified by the National Assembly.
Protection from expropriation
Article 69. Expropriation
Ownership rights to real estate may be revoked or limited in the public interest with the provision of compensation in kind or monetary compensation under conditions established by law.
Ownership of natural resources
Article 70. National Assets and Natural Resources
Special rights to use national assets may be acquired, subject to conditions established by law.
The conditions under which natural resources may be exploited shall be established by law.
The law may provide that natural resources may also be exploited by foreign persons and shall establish the conditions for such exploitation.
Protection of environment, Ownership of natural resources
Article 70A. Right to Drinking Water
Right to water
Everyone has the right to drinking water.
Water resources shall be a public good managed by the state.
As a priority and in a sustainable manner, water resources shall be used to supply the population with drinking water and water for household use and in this respect shall not be a market commodity.
The supply of the population with drinking water and water for household use shall be ensured by the state directly through self-governing local communities and on a not-for-profit basis.
Article 71. Protection of Land
The law shall establish special conditions for land utilisation in order to ensure its proper use.
Special protection of agricultural land shall be provided by law.
Provisions for wealth redistribution
The state shall promote the economic, cultural and social advancement of the population living in mountain and hill areas.
Protection of environment
Article 72. Healthy Living Environment
Everyone has the right in accordance with the law to a healthy living environment.
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.
The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation.
The protection of animals from cruelty shall be regulated by law.
Protection of environment, Right to culture
Article 73. Protection of Natural and Cultural Heritage
Everyone is obliged in accordance with the law to protect natural sites of special interest, rarities and cultural monuments.
The state and local communities shall promote the preservation of the natural and cultural heritage.
Right to establish a business, Right to competitive marketplace
Article 74. Free Enterprise
Free economic initiative shall be guaranteed.
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.
Unfair competition practices and practices which restrict competition in a manner contrary to the law are prohibited.
Article 75. Participation in Management
Employees shall participate in the management of commercial organisations and institutions in a manner and under conditions provided by law.
Right to join trade unions
Article 76. Freedom of Trade Unions
The freedom to establish, operate and join trade unions shall be guaranteed.
Right to strike
Article 77. Right to Strike
Employees have the right to strike.
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.
Right to shelter
Article 78. Proper Housing
The state shall create opportunities for citizens to obtain proper housing.
Article 79. Aliens Employed in Slovenia
Aliens employed in Slovenia and members of their families have special rights provided by law.
VI. Public Finance
Municipal government, Subsidiary unit government
Article 146. Financing of the State and Local Communities
The state and local communities raise funds for the performance of their duties by means of taxes and other compulsory charges as well as from revenues from their own assets.
The state and local communities disclose the value of their assets by means of balance sheets.
Article 147. Taxes
The state imposes taxes, customs duties and other charges by law. Local communities impose taxes and other charges under conditions provided by the Constitution and law.
Article 148. Budgets
All revenues and expenditures for the financing of public spending must be included in the budgets of the state.
Revenues and expenditures of the budgets of the state must be balanced in the medium-term without borrowing, or revenues must exceed expenditures. Temporary deviation from this principle is only allowed when exceptional circumstances affect the state.
Supermajority required for legislation
The manner and the time frame of the implementation of the principle referred to in the preceding paragraph, the criteria for determining exceptional circumstances, and the course of action when they arise, shall be determined by a law adopted by the National Assembly by a two-thirds majority vote of all deputies.
If a budget has not been adopted by the first day it is due to be implemented, the beneficiaries financed by the budget are temporarily financed in accordance with the previous budget.
Article 149. State Borrowings
State borrowings and guarantees by the state for loans are only permitted on the basis of law.
Article 150. Court of Audit
The Court of Audit is the highest body for supervising state accounts, the state budget and all public spending.
The organisation and powers of the Court of Audit are provided by law.
The Court of Audit is independent in the performance of its duties and bound by the Constitution and laws.
Article 151. Appointment of Members to the Court of Audit
Members of the Court of Audit are appointed by the National Assembly.
Article 152. Central Bank
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.
The governor of the central bank is appointed by the National Assembly.
VII. Constitutionality and Legality
Article 153. Conformity of Legal Acts
Laws, regulations and other general legal acts must be in conformity with the Constitution.
Legal status of treaties, International law, Customary international law
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.
Regulations and other general legal acts must be in conformity with the Constitution and laws.
Individual acts and actions of state authorities, local community authorities and bearers of public authority must be based on a law or regulation adopted pursuant to law.
Article 154. Validity and Publication of Regulations
Regulations must be published prior to coming into force. A regulation comes into force on the fifteenth day after its publication unless otherwise determined in the regulation itself.
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.
Protection from ex post facto laws
Article 155. Prohibition of Retroactive Effect of Legal Acts
Laws and other regulations and general legal acts cannot have retroactive effect.
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.
Constitutionality of legislation
Article 156. Constitutional Review
If a court deciding some matter deems a law which it should apply to be unconstitutional, it must stay the proceedings and initiate proceedings before the Constitutional Court. The proceedings in the court may be continued after the Constitutional Court has issued its decision.
Establishment of administrative courts
Article 157. Judicial Review of Administrative Acts
A court having jurisdiction to review administrative acts decides the legality of final individual acts with which state authorities, local community authorities and bearers of public authority decide the rights or obligations and legal entitlements of individuals and organisations, if other legal protection is not provided by law for a particular matter.
If other legal protection is not provided, the court having jurisdiction to review administrative acts also decides on the legality of individual actions and acts which intrude upon the constitutional rights of the individual.
Article 158. Finality of Legal Decisions
Legal relations regulated by the final decision of a state authority may be annulled, abrogated or amended only in such cases and by such procedures as are provided by law.
Article 159. Ombudsman for Human Rights and Fundamental Freedoms
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.
Special ombudsmen for the rights of citizens may also be established by law for particular fields.
VIII. The Constitutional Court
Constitutionality of legislation, Constitutional court powers, Constitutional interpretation, Establishment of constitutional court
Article 160. Powers of the Constitutional Court
The Constitutional Court decides:
- on the conformity of laws with the Constitution;
Customary international law, International law
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;
National vs subnational laws, Federal review of subnational legislation
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;
Regulation of political parties
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.
Legal status of treaties
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.
Constitutionality of legislation
Article 161. Abrogation of a Law
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.
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.
The legal consequences of Constitutional Court decisions shall be regulated by law.
Constitutionality of legislation
Article 162. Proceedings before the Constitutional Court
Proceedings before the Constitutional Court shall be regulated by law.
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.
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.
Constitutional court selection
Article 163. Composition and Election
Eligibility for const court judges
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.
The judges are elected from among legal experts.
The President of the Constitutional Court is elected by the judges from among their own number for a term of three years.
Constitutional court removal
Article 164. Early Termination of Office of a Constitutional Court Judge
A Constitutional Court judge may be subject to early termination of office in a manner provided by law only:
- if the judge himself so requests,
if the judge is punished by imprisonment for a criminal offence, or
due to permanent loss of capacity to perform his office.
Article 165. Term of Office of Judges
Constitutional court term limits, Constitutional court term length
Constitutional Court judges are elected for a term of nine years. Constitutional Court judges may not be re-elected.
Upon the expiry of the term for which a Constitutional Court judge has been elected, he continues to perform his office until the election of a new judge.
Article 166. Incompatibility of Office
The office of Constitutional Court judge is not compatible with office in state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities that are not compatible by law with the office of Constitutional Court judge.
Article 167. Immunity
Constitutional Court judges enjoy the same immunity as National Assembly deputies. The National Assembly decides on such immunity.
Constitution amendment procedure
IX. Procedure for Amending the Constitution
Article 168. Proposal to Initiate the Procedure
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.
Such proposal is decided upon by the National Assembly by a two-thirds majority vote of deputies present.
Article 169. Acts Amending the Constitution
The National Assembly adopts acts amending the Constitution by a two-thirds majority vote of all deputies.
Article 170. Confirmation of Constitutional Amendments by Referendum
The National Assembly must submit a proposed constitutional amendment to voters for adoption in a referendum, if so required by at least thirty deputies.
A constitutional amendment is adopted in a referendum if a majority of those voting voted in favour of the same, provided that a majority of all voters participated in the referendum.
Article 171. Promulgation of Constitutional Amendments
Constitutional amendments enter into force upon their promulgation in the National Assembly.