President of Slovenia

Last updated

President of the Republic of Slovenia
Predsednik Republike Slovenije
Flag of the President of Slovenia.svg
Flag of the President
Natasa Pirc Musar (2023-05-19).jpg
since 23 December 2022
Office of the President of the Republic
Style Madam President
(Slovene: Gospa predsednica) (informal)
Her Excellency
(Slovene: Njena ekscelenca) (diplomatic)
Type Head of state
Member of National Security Council (upon invitation of the Prime Minister )
Reports to National Assembly
Residence None
Seat
Appointer Popular vote
Term length Five years, renewable once
Constituting instrument Constitution of Slovenia
Inaugural holder Milan Kučan
Formation10 May 1990;34 years ago (1990-05-10) (de facto)
23 December 1991;32 years ago (1991-12-23) (de jure)
Deputy Speaker of the National Assembly (as acting president)
Salary €5,419 monthly [1]
Website Official website
Gnome-mime-sound-openclipart.svg
Naprej, zastava slave
"Forward, Flag of Glory" from the 19th century; known as the Song of the President of Slovenia
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The president of Slovenia, officially the president of the Republic of Slovenia (Slovene : Predsednik Republike Slovenije), is the head of state of the Republic of Slovenia. The office was established on 23 December 1991 when the National Assembly passed a new constitution after the separation of Slovenia from the Socialist Federal Republic of Yugoslavia. Five individuals have occupied the post of president of the Republic since Slovenia achieved its independence. The incumbent is Nataša Pirc Musar, Slovenia's first female president. The president's official workplace is the Presidential Palace in Ljubljana.

Election and term of office

The president is directly elected by universal adult suffrage for a term of five years. [2] Any Slovenian citizen of legal age (18 or more) may run for President, but may only hold office for two terms. [2]

The president has no legally guaranteed immunity and may be impeached during their time in office.

Duties and functions

The president of the Republic is the highest representative of the Slovenian state, belonging neither to the legislative, executive, judicial, nor constitutive branches of state power. The president instead occupies a completely separate but coequal moderating branch by virtue of Article 102 of the Constitution. [3] To this end, the president represents Slovenia abroad, fosters national unity at home, and exercises supreme command and control over the Armed Forces of Slovenia as commander-in-chief. In the performance of these functions, the president upholds the rule of law and, through their ongoing mediation and arbitration, guarantees the continuity and orderly operation of Slovenia’s democratic institutions. [4] This stabilising and integrative role is in keeping with the president’s solemn oath taken at inauguration to “...uphold the constitutional order,…act according to my conscience and…do all in my power for the good of Slovenia”. [5]

The Constitution of Slovenia provides for a parliamentary system of government, whereby the presidency is a predominantly ceremonial institution with limited political power. [6] Indeed, unlike in most parliamentary republics, the president is not even the ‘’nominal’’ chief executive. Rather, the executive authority of Slovenia is implicitly vested in the Government with the prime minister as its head. [7] The Government is nevertheless obliged by the terms of its own standing orders to keep the president fully informed on matters of state, be they foreign or domestic. [8] Moreover, the functions conferred on the president by the Constitution and subordinate statute law require neither the countersignature of the prime minister nor the advice of the Government to be effective. [9] [10] [a] Thus, the powers and duties at the president’s disposal are generally exercised either in his or her complete discretion or, in the case of certain ministerial functions, in accordance with constitutional restrictions. [11]

Legislative functions

Convene regular sessions of the National Assembly
The president of the Republic has the power to call both general and by-elections to the National Assembly and to convene its first regular session following a general election, provided a new National Assembly must be convened no sooner than two months and no later than fifteen days before the expiry of four years from the date of the first session of the previous National Assembly. If the president dissolves the National Assembly and calls for snap elections, a new National Assembly must be elected no later than two months after the dissolution of the previous one. The term of the old National Assembly otherwise comes to an end by default upon the first session of a new National Assembly, which is convoked by the president no later than twenty days after a general election. [12] [13] [14]
Dissolve the National Assembly and call snap elections
The president has plenary authority to dissolve the National Assembly before the expiration of its term and call snap elections, but only if either of the following conditions are met:
  1. The National Assembly fails to elect a prime minister within 30 days from the start of a new parliamentary session; [15] or
  2. The National Assembly passes a vote of no confidence in the Government and fails to elect a new prime minister within 30 days. [16]
Convene extraordinary sessions of the National Assembly
The president of the Republic may convene an extraordinary session of the National Assembly. [17] The calling together of an extraordinary session of the National Assembly concurrently reconvenes the National Council, the upper house of Slovenia’s incompletely bicameral Parliament. [18] [19]
Express opinions to the National Assembly
The president of the Republic may, on their own initiative or whenever requested by the National Assembly, express an opinion on any matter of national import. [20]
Promulgate laws
The president of the Republic promulgates each law passed by the National Assembly within eight days of its enactment, unless the law is sooner vetoed by the National Council. The president does not have the discretion to refuse laws duly passed by the National Assembly and agreed to by the National Council. [21]

Executive functions

Nominate the prime minister
The president of the Republic nominates for the consideration of the National Assembly a candidate for prime minister, after consultation with the leaders of the various political parties represented in the National Assembly. The National Assembly in turn elects or rejects the president’s nominee. If the National Assembly fails to elect a prime minister on the first round, the president may nominate one or more additional candidates for the consideration of the National Assembly in subsequent rounds, including a previously nominated candidate. This process continues until a prime minister is duly elected or the National Assembly is dissolved. [22]
Nominate and appoint certain other state officials
The president of the Republic nominates for the consideration of the National Assembly the governor of the Central Bank of Slovenia, the members of the Court of Audit, and the Human Rights Ombudsman. [23] [24] [25] The National Assembly in turn confirms or rejects the candidates so nominated. If confirmed, the nominees are formally appointed to office by the president. [26]
Represent Slovenia in foreign relations
The president of the Republic appoints and recalls Slovenian ambassadors and envoys, accepts the credentials of foreign diplomats accredited to Slovenia, and both pays and receives state visits. [27] Pursuant to Articles 14 and 59 of the Foreign Affairs Act, the president also decides on the opening and closure of diplomatic missions. In the performance of their duties as Slovenia's supreme representative abroad, the president is required by law to consult the foreign minister in order to ensure a coordinated and effective foreign policy. [b] The president is nevertheless not obliged to follow any of the foreign minister's opinions, proposals, or recommendations. Indeed, the president may act contrary to such advice. [28]
Issue instruments of ratification
The president of the Republic issues instruments of ratification, whereby Slovenia expresses its consent to be bound by a treaty under international law. [29] Despite this authority, the president's ability to refuse a treaty is limited. Treaty negotiation and conclusion is the responsibility of the Government, whereas ratification itself rests exclusively with the National Assembly. [30] [31] Nevertheless, before issuing an instrument of ratification, the president may request the Constitutional Court to opine on the treaty's constitutionality. If the Constitutional Court concludes the treaty violates the Constitution, the treaty is deemed null and void. If the Constitutional Court finds the treaty is however in compliance with the Constitution, the president must issue an instrument of ratification. [32]
Serve as Commander-in-Chief
Supreme command and control of the Slovenian Armed Forces vests in the president of the Republic as commander-in-chief. [33] To this end, the president has plenary authority to declare a state of emergency and to declare a state of war if Slovenia is under attack. However, the president may exercise these broad powers only if the National Assembly is for whatever reason unable to convene. [34] Other duties have been conferred on the president by virtue of Slovenia's Defense Act. For example, the president:
  1. commissions all generals, admirals, and other commissioned officers of the Armed Forces;
  2. approves the annual guidance prepared by the defense minister and issued to the chief of the General Staff detailing the operational strategy, materiel needs, and organizational plans of the Armed Forces;
  3. prescribes the conditions and procedures for keeping him or herself informed about the state of readiness of the Armed Forces and other matters relevant to the defence of the state;
  4. receives regular briefings from the Intelligence and Security Service;
  5. issues decrees with full legal effect for the purpose of administering the activities of the Armed Forces, including matters of military justice, but only on the proposal of the Government;
  6. orders the mobilization of the Armed Forces, but only on the proposal of the Government; and
  7. decides upon the use and deployment of the Armed Forces, the enforcement of work and material duty, and their total mobilisation during a state of emergency. [35]
Issue decrees in times of national crisis
The president of the Republic may, at the request of the Government, issue decrees with the force of law. Said decrees may, in exception, restrict individual human rights and fundamental freedoms otherwise guaranteed by Article 16 of the Constitution. The president’s authority to make such decrees is only valid when the National Assembly is unable to convene and a state of war or emergency has been invoked. The president may accept or refuse the Government’s request. [36] By virtue of Article 33 of the National Assembly Act, the speaker of the National Assembly is required to inform the president whenever it is unable to convene. [37]

Judicial functions

Exercise the prerogative of clemency
The president of the Republic may, in their discretion, grant general or special pardons, commutations, reprieves, and respites to individuals convicted of criminal violations in Slovenian courts. [38] The president may choose to appoint a commission of experts to consult him or herself in the review of applications, but the prerogative of clemency is ultimately the president's alone. [39]
Nominate justices of the Constitutional Court
The president of the Republic nominates for the consideration of the National Assembly the nine justices of the Constitutional Court, who each serve staggered nonrenewable terms of nine years. The National Assembly in turn elects or rejects the candidates so nominated. [40] [41] [42]
Nominate members of the Judicial Council
The president of the Republic nominates for the consideration of the National Assembly five out of the eleven members of the Judicial Council. [c] Nominees must be university professors of law, senior counsel, or attorneys accepted to the State Bar. The National Assembly in turn elects or rejects the candidates so nominated. [45] Members of the Judicial Council serve staggered terms of six years upon confirmation, with either two or three of the presidentially nominated members subject to reelection every three years. [46]
Nominate Slovenian judges to international courts
The president of the Republic nominates for the consideration of the National Assembly Slovenia's judges on the European Court of Justice, the European Court of Human Rights, and the International Criminal Court. The National Assembly in turn elects or rejects the candidates so nominated. [47]
Confer and revoke state honours
The president of the Republic is Slovenia's fount of honour. [48] In this capacity, the president confers state honours on individuals for contributions to civil society, diplomacy and international affairs, and national security. Pursuant to the Act on Decorations of the Republic of Slovenia, state honours take the form of various medals and national orders, are conferred and revoked by decree, and are awarded at the president's discretion. Nevertheless, state authorities, local government authorities, organizations and citizens of the Republic of Slovenia may propose candidates for the president's consideration. Likewise, a Slovenian citizen cannot accept a foreign honour without the president's consent. [49]

List of presidents of Slovenia

Socialist Republic of Slovenia

Parties;    KPS / ZKS    OF    SDP

No.Name
(Birth–Death)		PortraitTerm of officePolitical party
Presidents of the People's Assembly
1953–1974
1 Ferdo Kozak
(1894–1957)		 Ferdo Kozak.jpg 30 January 195315 December 1953 OF
2 Miha Marinko
(1900–1983)		 Miha Marinko.jpg 15 December 19539 June 1962 ZKS
3 Vida Tomšič
(1913–1998)		 Vida Tomsic.jpg 9 June 196225 June 1963 ZKS
5 Ivan Maček
(1908–1993)		 Ivan Macek Matija.jpg 25 June 19639 May 1967 ZKS
6 Sergej Kraigher
(1914–2001)		 Sergej Kraigher 1969.jpg 9 May 19671973 ZKS
7Tone Kropušek
(1928–2017)		 Tone Kropusek.jpg 19731974 ZKS
8Marijan Brecelj
(1910–1989)		 Brecelj Marijan.jpg 19749 May 1974 ZKS
Presidents of the Presidency
1974–1991
9 Sergej Kraigher
(1914–2001)		 Sergej Kraigher 1969.jpg 9 May 197423 May 1979 ZKS
10 Viktor Avbelj
(1914–1993)		 Viktor Avbelj 1961.jpg 23 May 19797 May 1984 ZKS
11France Popit
(1921–2013)		 France Popit 1969.jpg 7 May 19846 May 1988 ZKS
12 Janez Stanovnik
(1922–2020)		 StanovnikJanez.jpg 6 May 198810 May 1990 ZKS
(12) SDP
13 Milan Kučan
(born 1941)		 Milan Kucan.jpg 10 May 199023 December 1991 SDP

Republic of Slovenia

Parties;    ZLSD / SD    LDS    Independent

No.PortraitName
(Birth–Death)		Term of officePolitical PartyElected
Took officeLeft officeTime in office
Presidents
1991–present
1
Osrednja drzavna pocastitev dneva drzavnosti (52169462737) (cropped) 1.jpg
Milan Kučan
(born 1941)		23 December 199122 December 200210 years, 364 days SD
Independent 		1990
1992
1997
2
Janez Drnovsek.jpg
Janez Drnovšek
(1950–2008)		22 December 200223 December 20075 years, 1 day LDS
Independent 		2002
3
Danilo Turk - World Economic Forum on Europe 2011 (cropped).jpg
Danilo Türk
(born 1952)		23 December 200722 December 20124 years, 365 days Independent 2007
4
Novinarska konferenca predsednika republike Boruta Pahorja.jpg
Borut Pahor
(born 1963)		22 December 201222 December 202210 years SD
Independent 		2012
2017
5
Natasa Pirc Musar (2023-05-19).jpg
Nataša Pirc Musar
(born 1968)		23 December 2022Incumbent1 year, 351 days Independent 2022

Latest election

See also

Footnotes

  1. ↑ Refer to "Representative function", "Relationship with the government", and "Information" in Part III of the Ribaric report.
  2. ↑ Refer to Article 4 of the Foreign Affairs Act.
  3. ↑ The Judicial Council is an independent public body responsible for the administration of the courts, including the recruitment of judges qualified by merit and their discipline. [43] [44]

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References

  1. ↑ "Za predsedniški položaj pet tisočakov osnovne bruto plače, nekaterim pravicam sta se Pahor in Pečarjeva odrekla". sta.si. Slovenian Press Agency. 26 June 2022. Retrieved 22 December 2022.
  2. 1 2 "Kako volimo predsednika države?". rtvslo.si (in Slovenian). RTV Slovenija . Retrieved 22 December 2022.
  3. ↑ "Article 102, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  4. ↑ Alenka Krašovec & Damjan Lajh (24 August 2018). Informal Powers by Presidents in a Small State: Semi-Presidentialism in Slovenia. European Consortium for Political Research. Retrieved 2 December 2024.
  5. ↑ "Article 104, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  6. ↑ Simmons, Lennard (13 November 2022). "Slowenien wählt erstmals eine Frau zum Staatsoberhaupt". Die Zeit . Retrieved 18 November 2022.
  7. ↑ "Articles 110 and 114, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  8. ↑ Public Management Profiles of Central and Eastern European Countries: Slovenia (PDF) (Report). Organization for Economic Co-Operation and Development. September 1999. p. 16. Retrieved 2 December 2024.
  9. ↑ Miha Ribaric (30 May 2000). "Part II: Powers (functions) of the President of the Republic". Status of the President of the Republic of Slovenia in the System of Government (Report). Office of the President of the Republic of Slovenia. Retrieved 2 December 2024.
  10. ↑ Miha Ribaric (30 May 2000). "Part III: The President of the Republic in the system of state bodies". Status of the President of the Republic of Slovenia in the System of Government (Report). Office of the President of the Republic of Slovenia. Retrieved 2 December 2024.
  11. ↑ Miro Cerar (September 1999). "Chapter 12: Slovenia". In Robert Elgie (ed.). Semi-Presidentialism in Europe. pp. 232–259. Retrieved 2 December 2024.
  12. ↑ "Article 81, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  13. ↑ "Article 6, Rules of Procedure of the National Assembly". Government Legislation Service of the Republic of Slovenia. 1 April 2002. Retrieved 6 December 2024.
  14. ↑ LegislatiOnline. "Articles 14 & 19, National Assembly Elections Act". OSCE Office for Democratic Institutions and Human Rights. Retrieved 6 December 2024.
  15. ↑ "Article 111, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  16. ↑ "Article 117, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  17. ↑ "Article 85, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  18. ↑ "About the National Council". National Council of the Republic of Slovenia. Retrieved 2 December 2024.
  19. ↑ Lakota, Igor (2006). Sistem nepopolne dvodomnosti v slovenskem parlamentu (diplomska naloga) [The system of incomplete bicameralism in the Slovenian Parliament (diploma thesis)](PDF) (in Slovenian). Faculty of Social Sciences, University of Ljubljana. p. 62. Retrieved 16 December 2010.
  20. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  21. ↑ "Article 91, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  22. ↑ "Article 111, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  23. ↑ "Articles 35-37, Bank of Slovenia Act". Government Legislation Service of the Republic of Slovenia. 18 June 2002. Retrieved 6 December 2024.
  24. ↑ "Articles 7 & 8, Court of Audit Act". Court of Audit of the Republic of Slovenia. Retrieved 6 December 2024.
  25. ↑ "Articles 2 & 13, Human Rights Ombudsman Act". Government Legislation Service of the Republic of Slovenia. 19 December 1993. Retrieved 6 December 2024.
  26. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 3 December 2024.
  27. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 3 December 2024.
  28. ↑ "Foreign Affairs Act". Government Legislation Service of the Republic of Slovenia. 6 June 2001. Retrieved 7 December 2024.
  29. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  30. ↑ "Article 86, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  31. ↑ Government Communications Office (7 March 2024). "The Slovenian Parliament was the only one actively involved in the EU accession negotiations". Republic of Slovenia. Retrieved 2 December 2024.
  32. ↑ "Article 160, Constitution of Slovenia". The Constitute Project. Retrieved 2 December 2024.
  33. ↑ "Article 102, Constitution of Slovenia". The Constitute Project. Retrieved 5 December 2024.
  34. ↑ "Article 92, Constitution of Slovenia". The Constitute Project. Retrieved 5 December 2024.
  35. ↑ "Defense Act". Government Legislation Service of the Republic of Slovenia. 13 January 1995. Retrieved 5 December 2024.
  36. ↑ "Article 108, Constitution of Slovenia". The Constitute Project. Retrieved 3 December 2024.
  37. ↑ "National Assembly Act". National Assembly of the Republic of Slovenia. Retrieved 3 December 2024.
  38. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 6 December 2024.
  39. ↑ "President and opposition party clash over pardons". The Slovenian Times. 23 November 2023. Retrieved 6 December 2024.
  40. ↑ "Article 163, Constitution of Slovenia". The Constitute Project. Retrieved 3 December 2024.
  41. ↑ "Position". Constitutional Court of the Republic of Slovenia. Retrieved 3 December 2024.
  42. ↑ Constitutional Court Act (PDF) (Report). Constitutional Court of the Republic of Slovenia. 2 April 1994. Retrieved 3 December 2024.
  43. ↑ Government Communication Office. "Judicial Council". Republic of Slovenia. Retrieved 3 December 2024.
  44. ↑ "About the Judicial Council". Judicial Council of the Republic of Slovenia. Retrieved 3 December 2024.
  45. ↑ "Article 131, Constitution of Slovenia". The Constitute Project. Retrieved 3 December 2024.
  46. ↑ "Annual Report of the Judicial Council of the Republic of Slovenia for FY 2023" (PDF). Judicial Council of the Republic of Slovenia. May 2023. Retrieved 3 December 2024.
  47. ↑ "Act on the Nomination of Candidates from the Republic of Slovenia for Judges of International Courts". Official Gazette of the Republic of Slovenia. 26 July 2001. Retrieved 6 December 2024.
  48. ↑ "Article 107, Constitution of Slovenia". The Constitute Project. Retrieved 6 December 2024.
  49. ↑ "Act on Decorations of the Republic of Slovenia". Government Legislation Service. 18 December 1994. Retrieved 6 December 2024.
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