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The Constitution of the Republic of Slovenia

Official Gazette RS, Nos. 33/91-I, 42/97, 66/2000, 24/03, 69/04 and 68/06

(relevant parts)

PREAMBLE

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

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Article 3

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.

II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

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Article 39

(Freedom of Expression)

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.

Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law.

Article 40

(Right to Correction and Reply)

The right to correct published information which has damaged a right or interest of an individual, organisation or body shall be guaranteed, as shall be the right to reply to such published information.

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Article 42

(Right of Assembly and Association)

The right of peaceful assembly and public meeting shall be guaranteed.

Everyone has the right to freedom of association with others.

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.

Professional members of the defence forces and the police may not be members of political parties.

Article 43*

(Right to Vote)

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.

* As amended by the Constitutional Act Amending Article 43 of the Constitution of the Republic of Slovenia, 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04).

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.

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Article 64

(Special Rights of the Autochthonous Italian and Hungarian National Communities in Slovenia)

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.

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.

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.

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IV. ORGANISATION OF THE STATE

a) The National Assembly

Article 80*

(Composition and Election)

The National Assembly is composed of deputies of the citizens of Slovenia and comprises ninety deputies.

Deputies are elected by universal, equal, direct and secret voting.

One deputy of the Italian and one deputy of the Hungarian national communities shall always be elected to the National Assembly.

The electoral system shall be regulated by a law passed by the National Assembly by a two-thirds majority vote of all deputies.

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.

* As amended by the Constitutional Act Amending Article 80 of the Constitution of the Republic of Slovenia, 25 July 2000 (Official Gazette of the Republic of Slovenia No. 66/00).

Article 81

(Term of the National Assembly)

The National Assembly is elected for four years.

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.

Elections to the National Assembly are called by the President of the Republic. A new National Assembly shall be elected no sooner than two months and no later than fifteen days before the expiry of four years from the date of the first session of the previous National Assembly. If the National Assembly is dissolved, a new National Assembly shall be elected no later than two months after the dissolution of the previous one. The term of the previous National Assembly shall end on the first session of the new National Assembly, which shall be called by the President of the Republic no later than twenty days after the election of the new National Assembly.

Article 82

(Deputies)

Deputies of the National Assembly are representatives of all the people and shall not be bound by any instructions.

The law shall establish who may not be elected a deputy, and the incompatibility of the office of deputy with other offices and activities.

The National Assembly confirms the election of deputies. An appeal may be made before the Constitutional Court, in accordance with the law, against a decision of the National Assembly.

Article 83

(Immunity of Deputies)

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.

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.

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.

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Article 90

(Legislative Referendum)

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.

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.

The right to vote in a referendum is held by all citizens who are eligible to vote in elections.

A proposal is passed in a referendum if a majority of those voting have cast votes in favour of the same.

Referendums are regulated by a law passed in the National Assembly by a two-thirds majority vote of deputies present.

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c) President of the Republic

Article 102

(Office of President of the Republic)

The President of the Republic represents the Republic of Slovenia and is commander-in-chief of its defence forces.

Article 103

(Election of the President of the Republic)

The President of the Republic is elected in direct, general elections by secret ballot.

The candidate who receives a majority of the valid votes cast is elected President of the Republic.

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.

Only a citizen of Slovenia may be elected President of the Republic.

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.

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Article 105

(Incompatibility of the Office of President of the Republic)

The office of President of the Republic is incompatible with any other public office or occupation

Article 107

(Powers of the President of the Republic)

The President of the Republic:

- calls elections to the National Assembly;

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V. SELF-GOVERNMENT

a) Local Self-Government

Article 138

(Exercise of Local Self-Government)

Residents of Slovenia exercise local self-government in municipalities and other local communities.

Article 139

(Municipalities)

Municipalities are self-governing local communities.

The territory of a municipality comprises a settlement or several settlements bound together by the common needs and interests of the residents.

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.

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VIII. THE CONSTITUTIONAL COURT

Article 160

(Powers of the Constitutional Court)

The Constitutional Court decides:

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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;

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on the unconstitutionality of the acts and activities of political parties; and

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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.


Constitutional Act Amending Article 80 of the Constitution of the Republic of Slovenia

Adopted on 25 July 2000 (Official Gazette of the Republic of Slovenia, No. 66/2000).

I

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia Nos. 33/91-I and 42/97) a fifth paragraph is hereby added to Article 80 and reads as follows:

"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."

II

The elections of deputies to the National Assembly in the year 2000 and until an amendment to the law regulating the elections to the National Assembly comes into force, shall be held pursuant to the National Assembly Elections Act (Official Gazette of the Republic of Slovenia Nos. 44/92, 60/95, 67/97 - Constitutional Court Decision) whereby:

candidate lists which receive less than four percent of all votes in the country shall not be further considered in the allocation of seats;

the Droop quota shall be applied in the allocation of seats in constituencies pursuant to Article 90 of the National Assembly Elections Act;

in the allocation of seats at the state level pursuant to Article 92 of the same Act, the sum of votes cast for the same candidate lists shall be considered, provided that they were on the ballot in two or more constituencies, whereby the same candidate lists are allocated as many seats as amount to the difference between the number of seats which would have been allocated on the basis of the sum of votes received at the state level, and the number of seats received in constituencies;

in the allocation of seats at the state level, the second paragraph of Article 93 of the same Act shall not apply.

This constitutional act shall enter into force upon its proclamation in the National Assembly.

Constitutional Act Amending Article 43 of the Constitution of the Republic of Slovenia (UZ43)

Adopted on 15 June 2004 (Official Gazette of the Republic of Slovenia, No. 69/04 of 24 June 2004)

I

In the Constitution of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, Nos. 33/91-I, 42/97, 66/2000 and 24/03) in Article 43 a new fourth paragraph is hereby added and reads as follows:

“The law shall provide the measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities.”

II

This Constitutional Act shall enter into force upon its promulgation in the National Assembly.