Relations with other Institutions
Relations with the National Assembly
The Government sends proposals to the National Assembly or its President, at the same time suggesting the procedure for dealing with these proposals. A minister, or some other representative of the Government if the minister has valid reasons for not being able to attend the session, has to take part in the sessions of the National Assembly and its working bodies while they are dealing with matters within the minister’s jurisdiction. The minister or the minister’s representative can, following an invitation from the deputy groups, take part at their sessions and explain the proposals, which have been submitted to the National Assembly. The President of the National Assembly defers debate on a particular law if the legislative procedure relating to a proposal with the same or similar content has not yet been finished.
The National Assembly debates the proposed law in three phases. The Government, as the proposer of the law, can suggest a withdrawal of the proposed law up to the end of the second debate, while it is the National Assembly that makes the final decision about the withdrawal. If the National Assembly rejects the withdrawal of the proposed law, the Government can renounce its role as proposed.
The Government can suggest to the National Assembly that it conducts a debate about the basic issues and social relations, which need to be regulated by a new law, before the proposal for the new legislation, has been put forward.
In the first debate on the legislative proposal, the Government introduces the proposed law and the National Assembly conducts a general debate, but in this phase of the legislative procedure it is impossible to add amendments to particular provisions of the law.
In the second debate, the legislative proposal can be changed and amendments may be added - the Government has the right to do this even when it is not the proposer of this particular law. The amendment has to be submitted 15 days before the day set for the session of the National Assembly at which the debate about the proposed law, to which amendments are to be added, is to take place. The Government can also verbally explain the amendment at the session, as indeed it can any other amendment. A deviation from the 15-day rule is when the Government proposes amendments right up to the end of the debate about a particular article or up to the end of the debate about a particular chapter of the proposed legislation, but only in relation to those articles to which amendments have been submitted within the previously mentioned 15-day period, or to those which have had amendments suggested by the end of the debate about a particular article or chapter of the proposed legislation by at least ten deputies, a parliamentary group, or the original working body. Another exception is those amendments, which need to be put forward to bring all the provisions of the proposed legislation into line with each other. The Government can also withdraw an amendment or change it, but this has to be done before the start of the voting on amendments relating to the particular article to which the proposed amendment applies.
In the third debate, when the National Assembly discusses the proposed legislation as a whole, the Government can propose amendments only to those articles to which amendments have been adopted in the second debate, or those amendments, which are necessary for bringing the provisions into line with each other.
If the Government, because of the exceptional needs of the state, for defence interests or because of a natural disaster, proposes a fast-track passing of a law, so that all three phases are carried out at the same session, it can suggest amendments verbally. But in the shortened procedure for the passing of a law, it can put forward amendments only to those articles, which are already being changed or amended.
Relations with the National Assembly and the President of Slovenia
The Government exercises its relations with the National Assembly in accordance with the Constitution and the law, with the Government rules of procedure and the National Assembly rules of procedure. The Government is represented in the National Assembly by the Prime Minister and ministers.
The Prime Minister has the general right to represent the Government in the National Assembly and in its working bodies.
The Government normally appoints the relevant minister or the director of a Government office to act as the Government’s representative during debates on individual proposals in the National Assembly. With regard to sessions of the working bodies of the National Assembly, the Government can appoint as its representatives high-ranking civil servants and external individuals who took part in the preparation of the material in question and who have the relevant professional expertise.
The Government appoints one of the ministers as the “duty Government member” to represent it at the sessions of the National Assembly.
The Government representative may express the standpoints related to the proposals being dealt with at sessions of the National Assembly or its working bodies, as well as at any other presentation of the proposals, only within the framework of the principles adopted by the Government during the drawing up of the proposed law or other act and he or she can only put forward amendments within the jurisdiction given to him or her by the Government.
The Government cooperates with the President of the Republic in relation to his domains of responsibility, keeping him informed about issues important to the execution of his duties.
Relations with EU Institutions
The adopting, recording, classifying and publishing of EU documents and the adopting of positions are performed via the EU portal, which is a constituent part of the Government information technology system. Prior to the publication of a document also furnished with a Slovenian translation, the Government determines the ministry or Government office, which, on the basis of the prescribed area of responsibility, is competent to deal with the EU document, and determines the bodies that must be notified of the document. It also determines the deadline by which the competent ministry or Government office must submit a position regarding the EU document for publication on the EU portal.
The sessions of the Government or the Government working body serve for deliberation over positions which Government representatives will present in the EU Council at the ministerial level, positions on which harmonisation has not been successful, and positions for which the proposer or other member of the Government requests deliberation in a session of the Government or the Government working body.
Amendments and supplements to a position already adopted regarding a proposed legislative act are drafted only where this is demanded by the substance of the amendment or supplement to a proposed EU act or by other new circumstances.
Where the head of the Permanent Representation of the RS to the EU, his deputy or a member of the Government, in respect of the progress of negotiations in EU institutions, takes the view that, on the basis of decisive facts which the Government could not have known, the advancement of Slovenian positions adopted by the Government or the National Assembly would clearly not be in the interest of the RS, he must propose to the competent ministry or Government office an amendment of such position in accordance with the preceding and inform the Government of this. If owing to time or any other limitations the Slovenian representative cannot obtain a position from the RS, he may support the adoption of the EU document or oppose it, if on the basis of decisive facts which the Government could not have known this would clearly be in the interest of the RS. Where the working procedure of the EU institution so allows, the Slovenian representative advises that the position presented must also be confirmed by the competent authority.
The Permanent Representation of the RS to the EU and any other body receiving European Commission documents in pre-judicial procedures must immediately forward such documents to the competent Government service, which determines the competent ministry or Government office for the drafting of a proposed position. The competent ministry or Government office is responsible for drafting a proposed position in connection with the formal communication from the European Commission. The competent ministry or Government service sends the drafted proposed position to the Government Secretary-General for placing on the agenda of a Government session in accordance with the general provisions of the Government rules of procedure. The Secretary-General forwards the position of the RS, as confirmed by the Government, to the Permanent Representation of the RS to the EU, which in turn sends it to the Secretary-General of the European Commission.
The Permanent Representation of the RS at the EU, and any other Government body receiving documents in connection with procedures before the Court of the European Communities or before the Court of First Instance, forwards such document immediately to the principal office of the Attorney General. In drafting written submissions, which the RS lodges with the court, the Government service and competent ministry cooperate with the Attorney General. The positions of the Government in judicial procedures are adopted in line with the same procedure as for positions in pre-judicial procedures.