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Home > About Slovenia > Background Information > Elections in Slovenia in 2002 > Status of the President of the Republic of Slovenia in the system of government
 
Status of the President of the Republic of Slovenia in the System of Government
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Status of the President of the Republic

Under the current Constitution of the Republic of Slovenia dating from 1991 the institution of President of the Republic is placed within the parliamentary system.

Mode of election and term of office

The President of the Republic is elected by direct, general election conducted by secret ballot. The President of the Republic is elected by a majority of valid votes cast. If no candidate receives a majority in the first round of voting, the voting is repeated between the two candidates who obtained the most votes. The President of the Republic is elected for a five- year term and may not serve more than two consecutive terms (Article 103 of the Constitution).

Particular to the Slovenian constitutional arrangement is that on the one hand the direct election of the President of the Republic strengthens his position and role, while on the other hand his powers are severely restricted.

Protocol position

In terms of protocol the President of the Republic is in first position above all other constitutional bodies. The protocol position of the President of the Republic cannot be equated with his functions, tasks or powers. Nor can it be equated with his representative function as head of state. The position of protocol is not synonymous with the function of representation.

Incompatibility

Under the Constitution the office of President of the Republic is incompatible with any other public office or position (Article 105). In order to carry out his duties neutrally and for the sake of his authority he needs to be free of all other obligations and his independence must be guaranteed. The actions of the president may not give the impression of partiality.

Oath

Before taking office the President of the Republic takes the following oath before the National Assembly (lower house of parliament): "I swear that I shall honour the Constitution, that I shall act according to my conscience and that I shall do all in my power for the good of Slovenia" (Article 104). The wording of the oath taken by the Prime Minister and other government ministers is the same (Article 113).

Immunity

The Slovenian Constitution does not envisage immunity for the President of the Republic. In this respect the Slovenian Constitution differs from comparable constitutional arrangements.

Disputes as to competence

Disputes as to competence between the National Assembly, the President of the Republic and the Government are decided by the Constitutional Court (Article 160).

Personal position and office of the President of the Republic

The provisions of the Deputies Act relating to the material and other conditions for the work of parliamentary deputies and on the rights of deputies after they leave office also apply accordingly to the President of the Republic. The President of the Republic is entitled to a salary in the same amount as that determined in the Deputies Act for the President of the National Assembly.

Pursuant to authorisation set out in the Deputies Act the President of the Republic has determined the organisation and workings of his expert services. These services are organised within the office of the President of the Republic.

Accountability

The Constitution regulates the accountability of the President of the Republic (impeachment). If while carrying out his duties of office the President of the Republic violates the Constitution or commits a serious breach of the law the National Assembly may bring complaint against him before the Constitutional Court. The Constitutional Court upholds or rejects the charges, and with a two-thirds majority of all its judges it may decide to relieve the office. Once the Constitutional Court has received an impeachment complaint from the National Assembly it may decide by two-thirds majority of all the judges that until a decision is made on the impeachment the President of the Republic may temporarily not carry out his functions (Article 109 of the Constitution). This procedure is set out in detail in the Constitutional Court Act.

The National Assembly may also impeach the Prime Minister and other government ministers before the Constitutional Court (Article 119) for violations of the Constitution or laws committed while in office.

Replacement

In the event that the President of the Republic is permanently incapacitated, dies, resigns or is otherwise permanently unable to perform his function as President of the Republic, the President of the National Assembly temporarily occupies the office of President of the Republic until such time as a new President of the Republic can be elected. In addition, the President of the National Assembly temporarily performs the functions of the President of the Republic during any temporary absence of the President of the Republic (Article 106 of the Constitution).

Powers (functions) of the President of the Republic

The Constitution of the Republic of Slovenia distinguishes between the function (the office) of the President of the Republic and his powers.

As defined in the constitution, the function of the President of the Republic is to represent the Republic of Slovenia and to be the Commander-in-Chief of its defence forces (Article 102).

The powers of the President of the Republic are laid down in the Constitution and also in a number of laws, which in respect of this question to do not have an explicit basis in the Constitution.

In the Constitution the President of the Republic has the following powers:

  • to call elections to the National Assembly (Articles 107 and 81);
  • to convene the first session of a new National Assembly (Article 81);
  • to require an extraordinary session of the National Assembly to be convened (Article 85);
  • powers in connection with a state of emergency or a state of war at times when the National Assembly is unable to convene (Articles 92 and 108);
  • to proclaim statutes (Articles 107 and 91);
  • to propose a candidate for Prime Minister to the National Assembly (Article 111);
  • to dissolve the National Assembly and call new elections if no candidate is elected Prime Minister in the second or third round of voting or if in the event that a motion of confidence in the Government fails the National Assembly does not elect a new Prime Minister or express its confidence in the Government in a fresh vote (Articles 111 and 117);
  • to propose candidates for Constitutional Court judges to the National Assembly (Article 163);
  • to propose five members of the Judicial Council (out of a total of 11) to the National Assembly (Article 131);
  • to appoint state officials where so provided by law (Article 107);
  • to accredit and recall Slovenian ambassadors and consuls and to accept the credentials of foreign diplomatic representatives (Article 107);
  • to publish ratification documents (Article 107);
  • to grant pardons (Article 107);
  • to confer state honours, decorations and honorary titles (Article 107);
  • to request a decision on jurisdictional disputes between the National Assembly, the President of the Republic and the Government (Article 160);
  • to propose to the Constitutional Court in the procedure to ratify international agreements that it give an opinion on the conformity of the agreement with the Constitution (Article 160).

A number of laws give powers to the President of the Republic that are not explicitly stated in the Constitution or do not derive directly from constitutional provisions:

  • under the Foreign Affairs Act the President of the Republic decides on the opening and closing of foreign missions (embassies, consulates and permanent representations in international organisations);
  • under the Bank of Slovenia Act the President of the Republic proposes to the National Assembly that it appoint a governor of the Bank of Slovenia and members of the Bank's Council;
  • under the Humans Rights Ombudsman Act the President of the Republic proposes to the National Assembly that it elect a human rights ombudsman;
  • under the Court of Auditors Act the President of the Republic proposes to the National Assembly that it appoint judges of the Court of Auditors;
  • under the Constitutional Court Act the President of the Republic proposes to the National Assembly that it appoint candidates from the Republic of Slovenia to serve as judges at the European Court of Human Rights.

In accordance with an explicit constitutional provision the President of the Republic must express an opinion on a specific matter when required to do so by the National Assembly (Article 107). But this constitutional provision in no way prevents the President of the Republic from giving his opinion to the National Assembly even if the National Assembly has not specifically requested it, nor does it restrict the President of the Republic to giving an opinion only on the specific question. When, how and on what subject the President of the Republic airs his views and whether he addresses those views in public as such or only or primarily to the National Assembly is a matter for his discretion.

The President of the Republic in the system of state bodies

The position of the President of the Republic of Slovenia is defined by constitutionally guaranteed protection of human rights and fundamental freedoms, by the constitutional principles of a democratic and social state governed by the rule of law, by the principle that all authority derives from the people and by the principle of the separation of powers. In accordance with the principle of a state governed by the rule of law and the principle of the separation of powers into legislative, executive and judicial branches, all the highest constitutional bodies must respect their mutual relationships, authorisations and powers as set out in the Constitution.

Representative function

The institution of President of the Republic reflects the general acknowledgement worldwide that all states, including republics, require a head. The President of the Republic is the first representative of the state. The Slovenian Constitution contains a provision that the President of the Republic represents the Republic of Slovenia but it does not define the substance of the representative function.

The function of representing the republic under the Slovenian Constitution undoubtedly means that the President represents the republic both at home as well as externally in international relations. The President of the Republic is the only state body which under the Constitution represents the state. He does not require any additional authorisation to perform this function. Pursuant to the Foreign Affairs Act the foreign ministry is obliged to prepare the expert foundations required by the President of the Republic in the area of foreign policy. Upon a request from the state bodies, including the President of the Republic, or at its own initiative, the foreign ministry gives an opinion on the external political interests of the Republic of Slovenia in the development of foreign policy activities. This ministry informs the state bodies, including the President of the Republic, about matters that are important for carrying out foreign affairs and also offers him assistance. The President of the Republic is included in the procedure to conclude an international agreement because he issues documents on the ratification of international agreements. This is laid down in the Constitution and in the Foreign Affairs Act. In the procedure to ratify an international agreement the President of the Republic may also require the Constitutional Court to give an opinion on its conformity with the Constitution. The National Assembly is bound by the opinion of the Constitutional Court.

Representing the state externally does not give the President of the Republic the power to pursue a national foreign policy independently. Foreign policy authority is vested in the parliament and the Government. But this does not mean that the role of the President of the Republic in the foreign policy sphere is reduced to merely mechanically proclaiming the national will as decided by the competent bodies. In practice, before making foreign policy appearances the President of the Republic requests the necessary information and an opinion from the foreign ministry and also from the Government. The President of the Republic is not formally bound by this consultation, but in the interests of co-ordinated and effective foreign policy it is natural and advantageous that the President of the Republic is aware of the positions taken by the foreign ministry and the Government. The basic foreign policy orientations are formulated by the parliament and the Government, but in carrying out his functions in the foreign policy sphere the President of the Republic has a certain degree of room to manoeuvre and independence.

By carrying out his representative function both in the international arena as well as in his public appearances at home as the President of all the country's citizens, the President of the Republic performs an integrating function. The personality of the President of the Republic to a large extent determines how his role in linking the various interests in the country is given expression. This applies in particular to the activities of the President of the Republic in internal affairs. As is the case with the activities of the state president in a number of other comparable parliamentary democracies, in Slovenia too the President's public speeches and appearances are the most important instrument he has to put into practice his task of integration. Unless the parliament requires the President of the Republic to give an opinion on a particular matter, the President is not legally obliged to do so. Clearly every public appearance by the President of the Republic is of an official nature and he must therefore abide by the constitutionally determined framework of his office. Since the first democratic elections in 1990 (initially in a Republic of Slovenia still incorporated within federal Yugoslavia and then since 1991 in the Republic of Slovenia as an independent state) it has become established practice for the President to make public appearances (first as the President of the Presidency of the Republic, and since 1992 as an individual President of the Republic) representing the state externally and to give public speeches and appearances within the country.

The function of representing the state as laid down in the Constitution and for which the President of the Republic has exclusive authority cannot, of course, be equated with the authority to sign agreements under the Vienna Convention on contract law of 23 May 1969. Under this convention, on the basis of their positions and without having to submit authorisation, in addition to the heads of state the heads of government and foreign ministers are also considered to be representatives of their states. This provision in the convention has particular importance in assessing the normative and actual position of the head of state in those constitutional arrangements where the head of state is authorised to conclude international agreements, as is the case in Germany and Austria for example, but in Slovenia the head of state does not have this authority.

Relationship with the government

After consulting with the heads of the parliamentary groups the President of the Republic submits the name of a candidate for Prime Minister to the National Assembly. Under the Constitution the President of the Republic has the exclusive right to propose a candidate for Prime Minister in the first round of voting, and, among others, may propose a candidate in the second or third round of voting if it comes to that. The Prime Minister may be replaced by means of a so-called constructive vote of no-confidence. If upon a proposal from at least ten deputies the National Assembly elects a new Prime Minister, the incumbent Prime Minister is relieved of office. But together with his ministers he must continue to carry out current business until a new Government is sworn in (Article 116 of the Constitution). In addition, the Prime Minister himself may demand a vote to be taken on a motion of confidence in his Government. If the Government fails to gain a majority of the votes of all the deputies in the National Assembly, the National Assembly must within thirty days either elect a new Prime Minister or express its confidence in the incumbent Prime Minister in a fresh vote, otherwise the President of the Republic dissolves the National Assembly and calls elections (Article 117 of the Constitution). In the event that a motion of confidence in the government fails, the President of the Republic, a parliamentary group or any group of at least ten deputies (under the provisions of the standing orders of the National Assembly) may propose a candidate for Prime Minister in the first round of voting.

Relationship with parliament

In exercising his function and powers the President of the Republic is not restricted in making initiatives either to the Government or parliament if he judges it necessary and in the national interest. The constitutional basis for these initiatives concerning the relationship between the President of the Republic and the National Assembly is specifically laid down.

The National Assembly does not debate an opinion given by the President of the Republic. And the deputies are also not able to put questions. After the President of the Republic has presented his opinion at his own initiative or upon an invitation from the National Assembly, including at a session of the National Assembly, the presiding officer of the National Assembly merely confirms that the President of the Republic has expressed his opinion on the specific issue and the item on the agenda is thereby concluded.

Information

The degree to which the President of the Republic is informed is important both for representing the state and for carrying out other activities. The provision of information to the President of the Republic by the National Assembly is regulated in the National Assembly's standing orders, and by the Government in its standing orders. The Government works together with the President of the Republic on matters within his area of responsibility and informs him on issues that are important for his work. We have already mentioned the provisions in the Foreign Affairs Act. A provision on informing the President of the Republic in his role as the Commander-in-Chief is also contained in the Defence Act, and specifically in Instructions on Implementing Obligations Towards the President of the Republic in the Defence Field, adopted by the defence minister with the consent of the President of the Republic. The Slovenian Security and Intelligence Agency Act contains a provision that the Agency informs the President of the Republic of its findings when the matters concerned are within his area of power.

Commander-in-Chief

Under the Constitution the President of the Republic is the Commander-in-Chief of the defence forces. The defence field, in accordance with the Constitution, is regulated by a law adopted by the National Assembly by two-thirds majority of those deputies present and voting (Article 124).

Role of the President of the Republic in the national political system

The role of the President of the Republic of Slovenia as an integrating factor in the political system is most relevant in that, through his public speeches, he brings together the country's citizens in their affiliation to the state as an organised community. Through his public appearances the President of the Republic promotes basic values of civilisation - first and foremost respect for human rights and basic freedoms - consolidates a consciousness of national allegiance and belonging to the international community, the principles of democracy, the rule of law, a social state and solidarity, and strives for opportunities for everyone to obtain an education and training for work, for respect for diversity and tolerance among people.

In relation to other state bodies such as the Government and the parliament, the directly- elected president of the republic has an influence and a reputation which depends primarily on how the public receive his pronouncements, thoughts and opinions. The public position of the President of the Republic, his public opinion rating, is less dependent on his formal function as such and on his specific powers as laid down in the Constitution and laws than on the substance he gives to his activities and the way in which he carries them out.