Laws in Slovenia

The Constitutional Court plays a crucial role in the institutional framework, as it can annul laws, implementing regulations and local regulations that it deems unconstitutional. It also issues opinions on the constitutionality of international treaties and decides on individual constitutional complaints of aggrieved citizens, which can be filed after all other legal remedies have been exhausted. The national SAI was incorporated into the Slovenian legal system with the new constitution. It is the supreme body for auditing the accounts of the State, the State budget and all public expenditure (article 150 of the Constitution); It may examine any action relating to previous transactions as well as any action relating to the proposed operations of users of public funds. The Court of Auditors cannot be assigned to any of the three powers: legislative, executive or judicial. The Court is independent in the exercise of its functions and is bound by the Constitution and laws – its functioning is defined in the Law on the Court of Auditors, as well as in a number of other laws dealing with the functioning of users of public funds. The government is a collective body chaired by the Prime Minister. The other members are ministers, who are responsible for a particular area of work. Currently, the government consists of 16 ministers who head the 16 ministries and the Prime Minister. The Government of the Republic of Slovenia (SR) is the executive body and at the same time the supreme body of state administration.

Thus, the government has two functions: executive-political and administrative. Its executive and political function mainly includes the implementation of policies agreed upon by the National Assembly and the enforcement of laws and regulations adopted by the National Assembly. In accordance with the Constitution, laws and other general laws of the National Assembly, the Government determines, directs and harmonizes the implementation of State policies. As the supreme organ of State administration, it issues regulations and promulgates legal, political, economic, financial, organizational and other measures necessary for the development of the State and the regulation of conditions in all areas of State jurisdiction. Laws (zakoni) are the most important general legal acts in the legal system. Hierarchically, they are subordinate and must respect the Constitution and international treaties ratified by the National Assembly (principle of constitutionality). Laws are passed by the National Assembly in accordance with the procedure described below (section 4.2.4.). The Constitutional Court has a special role to play in monitoring the conformity of laws and regulations with ratified treaties and general principles of international law, on the one hand, and the conformity of international treaties with the Constitution in the ratification process, on the other.

When ratifying a treaty, the Constitutional Court, on the proposal of the President of the Republic, the Government or one third of the deputies of the National Assembly, issues an opinion on the compatibility of this treaty with the Constitution. The National Assembly is bound by the opinion of the Constitutional Court (article 160 of the Constitution). General acts on the exercise of official authority (splošni akti za izvrševanje javnih pooblastil) must comply with the Constitution, laws and implementing regulations. Slovenia has a constitution in the formal sense of the term – it is written in a single document and is at the top of the Slovenian legal system, hierarchically above other legal acts: international treaties, laws and regulations. The Slovenian Constitution governs the foundations of the Slovenian political and legal order. It is divided into 10 chapters: The National Assembly`s Legislation Database contains the texts of all laws and other laws considered by the National Assembly. The best sources of Slovenian legislation in English are government ministries and offices, which keep English (although mostly unofficial) translations of the most important laws in their field: With regard to the hierarchy of legal acts, laws must conform to generally accepted principles of international law and valid treaties ratified by the National Assembly. that regulations and other general acts must also be compatible with other ratified treaties (Article 153 of the Constitution).

“Other ratified treaties” are treaties ratified by the Government and, according to article 75 of the Foreign Affairs Act, are protocols, programmes and similar laws adopted to implement other adopted international treaties and do not contain new obligations. · Such a regulation must be submitted to the Government Office of Legislation for inspection to verify its conformity with the Constitution, laws, EU regulations, as well as compliance with legal regulations and technical accuracy (and not the relevance of its content). If the head of the Office considers that a ministerial order is contrary to the Constitution, the law, any other regulation of the National Assembly or a regulation of the Government, he shall inform the minister concerned. If the Minister insists on the publication of such a regulation, the head of the office informs the Prime Minister and proposes to suspend the application of the published regulation. Parliamentary database The National Assembly has a database of laws adopted since 1996. It consists of the following databases: consolidated legislative texts, adopted laws, draft laws – bills submitted to the National Assembly for discussion in the current legislature, legislative readings – end of procedure, bills, legislative readings, draft ordinances and readings of ordinances – end of procedure. The database also has a search engine, but it is not as elaborate as the previous ones, and it is only available in Slovenian at the time of writing. Source: UNESCO Database on National Heritage Laws UNESCO/CLT/Natlaws IUS INFO: IUS INFO/EURO IUS INFO and TAX-FIN-LEX are the two most widely used tools for searching for legal documents in Slovenian. They have databases containing laws and regulations, decisions of the Supreme Court, the Supreme Court and the Constitutional Court, articles, legal opinions, legal dictionaries, legal registers and European Union legislation. EU law databases are also accessible in English, but most of them can only be accessed with the password that the paid registration has received. In addition to wide coverage, the highest quality is a simple search engine. As they frequently update their databases, they are also used by Slovenian courts and public administration.

The Slovenian legal system does not recognise case law as a binding source of law, which means that decisions of higher courts are not formally binding on lower courts. Nevertheless, lower courts often observe and follow the jurisprudence of the higher courts and the Supreme Court, in particular the general legal opinions of the latter court, which are important for the uniform application of laws. Legal information system: National Register of laws, regulations, international treaties, case law, EU law and other relevant sources of law in Slovenian. The unofficial consolidated text of the legislation is accessible via links to the website of the Official Journal. The website provides a list of legislation translated into English with links to the texts. Regulations and other general acts must be in conformity with the Constitution, laws and all ratified treaties.

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