Constitution (1991, amended 2000) (excerpts)

CONSTITUTION OF THE REPUBLIC OF SLOVENIA

(excerpts - emphasis added)

* Adopted on 23 December 1991 (Official Gazette of the Republic of Slovenia, No. 33/91-I), as amended by the Constitutional Act of 14 July 1997 (Official Gazette of the Republic of Slovenia, No. 42/97) and the Constitutional Act of 25 July 2000 (Official Gazette of the Republic of Slovenia, No. 66/2000).

I. GENERAL PROVISIONS

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

(…)

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.

(…)

Article 23

Right to Judicial Protection

Everyone has the right to have any decision regarding his rights, duties and any charges brought against him made without undue delay by anindependent, 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.

Article 24

Public Nature of Court Proceedings

Court hearings shall be public. Judgements shall be pronounced publicly. Exceptions shall be provided by law.

(…)

IV. ORGANISATION OF THE STATE

f) The Judiciary

Article 125

Independence of Judges

Judges shall be independent in the performance of the judicial function. They shall be bound by the Constitution and laws.

Article 126

Organisation and Jurisdiction of Courts

The organisation and jurisdiction of courts are determined by law.

Extraordinary courts may not be established, nor may military courts be established in peacetime.

Article 127

Supreme Court

The Supreme Court is the highest court in the state.

It decides on ordinary and extraordinary legal remedies and performs other functions provided by law.

Article 128

Participation of Citizens in the Exercising of Judicial Power

The circumstances and form of the direct participation of citizens in the exercising of judicial power are regulated by law.

Article 129

Permanence of Judicial Office

The office of a judge is permanent. The age requirement and other conditions for election are determined by law.

The retirement age of judges is determined by law.

Article 130

Election of Judges

Judges are elected by the National Assembly on the proposal of the Judicial Council.

Article 131

Judicial Council

The Judicial Council is composed of eleven members. The National Assembly elects five members on the proposal of the President of the Republic from among university professors of law, attorneys and other lawyers, whereas judges holding permanent judicial office elect six members from among their own number. The members of the council select a president from among their own number.

Article 132

Termination of and Dismissal from Judicial Office

A judge ceases to hold judicial office where circumstances arise as provided by law.

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.

If a judge is found by a final judgement to have deliberately committed a criminal offence through the abuse of the judicial office, the National Assembly dismisses such judge.

Article 133

Incompatibility of Judicial Office

Judicial office is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law.

Article 134

Immunity of Judges

No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court.

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.

g) State Prosecutor's Office

Article 135

State Prosecutor

State Prosecutors file and present criminal charges and have other powers provided by law.

The organisation and powers of state prosecutor offices are provided by law.

Article 136

Incompatibility of the Office of State Prosecutor

The office of State Prosecutor is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law.

(…)