Forming a Government
The President of the Republic, after consultations with the leaders of parliamentary groups, nominates a candidate for the position of the Prime Minister to the National Assembly, at the latest 30 days after the formation of the National Assembly. The vote for the position of Prime Minister has to take place at the earliest 48 hours and at the latest 7 days after receiving the candidate’s nomination. The nominated candidate presents the programme for the foundation of the Government at a session of the National Assembly. The Prime Minister is elected in a secret ballot and has to get a majority of the votes of all the deputies (at least 46).
If the candidate is not successfully elected in the first ballot, another election for Prime Minister can be held, involving new candidates. New candidates have to be nominated at the latest 14 days after the session at which the first ballot took place. A candidate (a new one or the same one) can be nominated by the President of the Republic, a parliamentary group or by at least 10 deputies. If there is more than one nomination, there is a separate ballot for each one. The first ballot is for the candidate nominated by the President of the Republic. If this candidate is not elected, further ballots take place according to the order of nominations. Once a nominated candidate is elected, there are no more ballots for candidates nominated at a later date. If no candidate is elected, the President of the Republic dissolves the National Assembly and calls a new general election unless, within 48 hours, the National Assembly, with a majority of the decided votes of those deputies who are present, decides to hold a new vote for Prime Minister. To be elected, it is enough to get the majority of the decided votes of the deputies who are present. The order of this new round of ballots is determined by the number of votes the candidates received in the previous elections, followed by the new candidates nominated up to the moment of the elections, among which the candidate nominated by the President of the Republic has precedence over the others. If no candidate gets a majority in these votes, the President of the Republic dissolves the National Assembly and calls for a new general election.
Once the Prime Minister has been elected, he has, within 15 days of the election, to propose a candidate list of ministers to the President of the National Assembly. If the Prime Minister fails to submit the proposal for the composition of the Government within the prescribed time, the National Assembly can give a deadline by which it has to be submitted. If he fails to submit a proposal even by this date, the National Assembly determines that the Prime Minister’s functions have ceased.
The candidate list of ministers has to contain the prescribed information; otherwise the ballot takes place only for those ministers whose candidatures are in accordance with the rules of procedure of the National Assembly. Nominated candidates have to present themselves to the relevant working body of the National Assembly within 3 days at the earliest and 7 days at the latest after the submission of the proposal of their candidature. The candidate has to answer any questions put by the members of the working body. The president of the working body immediately, or within 48 hours at the latest after the presentation of the ministerial candidate, sends an opinion about the suitability of the candidate for the position of minister to the President of the National Assembly and to the Prime Minister. This opinion is not binding on the National Assembly. The Prime Minister can, within 3 days at the latest after receiving the opinion, withdraw the candidature proposal and, at the same time, propose a new candidate. The presentation of the newly proposed candidates has to be carried out at the latest 3 days after the President of the National Assembly receives the new candidature proposal.
The deputies vote for the ministers by voting for the list as a whole. The ballot is secret. The list is elected if it receives a majority of yes votes of those taking part. If the list is not elected, there is a new ministerial election on the basis of a new list of candidates. The Prime Minister has to submit a new list of candidates at the latest 10 days after the first election. If this new list is not elected either, the Prime Minister can propose that there should be a ballot for each individual candidate. Deputies vote by putting a circle around the number in front of the name of each candidate they are voting for.
The Government is considered to be functioning if more than two thirds of the ministers have been approved, not counting the ministers without portfolio. The Prime Minister has, within 10 days of assuming his function, to propose the candidates for the remaining ministers or inform the National Assembly which portfolios he will handle temporarily, for a maximum of three months, or which he will entrust to another minister. If the National Assembly does not elect the other ministers within three months of the Government taking up its functions, the National Assembly determines that the functions of the Prime Minister and the other ministers have ceased.
The Prime Minister and individual ministers can resign, and the Prime Minister can also relieve a minister of his duties. The Government’s mandate ends automatically together with the mandate of the National Assembly, whilst in the interim it is possible to change the Government by means of a constructive vote of no confidence (when, following a proposal by ten deputies, a new Prime Minister is elected), by a confidence vote for the Government (the Government itself proposes a confidence vote) or by a motion for dismissal (‘interpellation’). A motion for dismissal can be used to replace the Government as whole or just individual ministers, if the National Assembly uses it as a basis for a vote of no confidence.
Composition of the Government coalition
The Government was appointed on 21 November 2008.
The coalition government led by Borut Pahor comprises the Social Democrats, the Zares party, the Democratic Party of Pensioners of Slovenia and the Liberal Democracy of Slovenia.