Slovenia

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The independent State of the Republic of Slovenia was created on 25 June 1991 out of the Federal Republic of Slovenia, which was previously a part of the Socialist Federal Republic of Yugoslavia.

In April 1990, the first democratic elections in Slovenia took place and were won by the united opposition movement. A nation-wide plebiscite on independence for Slovenia was held on 23 December 1990; more than 88% of the electorate voted for a sovereign and independent Republic of Slovenia. On 25 June 1991 the Slovene parliament adopted the Declaration of Independence of the Republic of Slovenia. The Yugoslav government did not agree with the declaration of an independent Slovenia, and attempted to block it through action by the Yugoslav army. After ten days a truce was established and in October 1991 the last soldiers of the Yugoslav Army left Slovenia.

The Constitution of the Republic of Slovenia was adopted by the Parliament on 23 December 1991. The Constitution can be changed following a proposal by twenty deputies of the National Assembly, by the government or by at least 30,000 voters. The National Assembly accepts the proposal by a two-thirds majority of deputies present at the vote. If demanded by at least thirty deputies the proposal has to be confirmed by voters at a referendum

The executive branch of the government is shared by the President and the government. The President represents the Republic of Slovenia and is the supreme commander of the Armed Forces. The President is elected directly by a secret ballot for a period of five years, for a maximum of two consecutive terms. The government of the Republic of Slovenia is the executive body and the supreme body of the state administration. The government implements laws and state policies, issues regulations, proposes legislation and the state budget. The Prime Minister is elected by a majority vote of the deputies in the National Assembly, following a proposal by the President of the Republic. The Prime Minister proposes ministers, who are appointed and relieved of their duties by the National Assembly. Once the Prime Minister has been elected, she/he proposes a candidate list of ministers to the President of the National Assembly. Nominated candidates have to present themselves to the relevant working body of the National Assembly.

The National Assembly, which is the highest legislative body in Slovenia, consists of 90 deputies elected directly by secret ballot according to a proportional voting system. 88 deputies are elected representatives of the parliamentary parties and one representative each from the Italian and Hungarian national minorities. The National Assembly passes laws and ratifies international agreements with a majority of the declared votes of deputies present.

The municipalities are basic units of local government. There are 192 municipalities. The highest decision-making body in a municipality is the Municipal Council, the members of which are directly elected. A Mayor, is also directly elected.

The judicial system of the Republic of Slovenia includes courts of general and specialised jurisdiction. There are 44 County Courts, 11 District Courts, four Higher Courts and the Supreme Court that all have general jurisdiction.

The County Courts are courts of the first instance and are vested with jurisdiction over inter alia less serious criminal cases; civil cases concerning claims for damages or property rights up to a certain value; all civil cases concerning disturbance of possession, easement of real burdens, hire, lease or tenancy relations. The District courts are courts of the first instance as well, vested with jurisdiction over inter alia criminal and civil cases which exceed the jurisdiction of county courts; juvenile criminal cases; execution of criminal sentences; confirmation of rulings of a foreign court. The Higher courts are courts of appellate jurisdiction. In addition to determination of appeals against decisions of the County and District courts in their territories, they also determine disputes of jurisdiction between County and District courts. The Supreme Court is the highest appellate court in the state. It is the court of the third instance in almost all the cases within its jurisdiction It is a court of appellate jurisdiction in criminal and civil cases, in commercial lawsuits, in cases of administrative review and in labour and social security disputes. It is also the court of the second instance in cases of administrative review. Additionally, the Supreme Court also determines most cases of disputes over jurisdiction between lower courts and grants the transfer of jurisdiction to another court in cases provided by law.

There are four specialised courts of the first instance. They have jurisdiction over cases of labour disputes, and one of them also for determination of social security disputes. They share a common court of appeal, namely the Administrative Court of the Republic of Slovenia.

There are to be 37 judges (not including the President of the court) in the Supreme Court, according to the decision of the Judicial Council. There are also eight judges of District and County courts assigned to the Supreme Court. The National Assembly appoints the judges to the Supreme Court on the proposal of the Judicial Council.

The Constitutional Court is the highest body of judicial power for the protection of constitutionality and legality, as well as of human rights and fundamental freedoms. It consists of nine judges proposed by the President of the Republic and appointed by the National Assembly for a single nine-year term. Its rulings are binding. The National Assembly is bound by the opinion of the Constitutional Court. The Constitutional Court decides upon matters relating to the conformity of statutes, regulations and laws with the Constitution and with international law, matters relating to complaints of breaching of the Constitution involving individual acts infringing human rights and fundamental freedoms, and similar matters.

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2020-09-23

Najprej želimo omeniti, da dajeta zakon in osnutek sprememb in dopolnitev Komisiji za preprečevanje korupcije najpomembnejša orodja za učinkovito obravnavo in delo na področju preprečevanja korupcije v smislu znatnih pooblastil in tehničnih orodij, sredstev in virov za njihovo učinkovito izvajanje, s čimer je komisija ključni organ za preprečevanje korupcije in boj proti njej v Sloveniji. Obenem bi bilo mogoče določene vidike osnutka sprememb in dopolnitev ter zakona izboljšati, da bi komisija lahko delovala bolj neodvisno in učinkovito pri izvajanju pristojnosti. Zlasti bi bilo treba dodatno razviti postopka imenovanja in razrešitve funkcionarjev ali funkcionark komisije, poskrbeti bi bilo treba, da so na voljo in se uporabljajo učinkovite, sorazmerne in odvračilne sankcije, ponovno pa bi lahko razmislili o določenih vidikih dela komisije, kar zadeva nasprotje interesov, prijavo premoženjskega stanja ali lobiranja.

2020-09-23

Summary: At the outset the Law and the Draft Amendments Law and the Draft Amendments bestow upon the Commission for the Prevention of Corruption the most crucial tools to efficiently address and work on preventing corruption both in terms of the substantive mandate and the technical tools, means and resources to effectively implement it, making the Commission vital for the prevention of and fight against corruption in Slovenia. At the same time, aspects of the Draft Amendments and the Law could be improved to allow the Commission to act more independently and effectively in the fulfilment of its mandate. In particular, the nomination and removal procedure for Commissioners should be further developed, care should be taken that effective, proportionate and dissuasive sanctions are available and employed and certain aspects of the Commission’s work on conflicts of interest, asset declaration or lobbying could be reconsidered.

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