Changes of the Slovene Constitution due to the EU Membership mag. Janez Pogorelec Twinning Project No 00MAC01/02/006: Approximation of Legislation to the Internal Market Acquis An EU-funded project managed by the European Agency for Reconstruction

Why the need for the European Article? EU members are required to have their membership integrated in their legal systems. In addition to domestic law, EU members also apply mutual EU law adopted by the members in mutual bodies. Countries no more exercise their sovereign rights independently and in their entirety. No ratification – supremacy and direct application, Accession Treaty requires recognition and application of any EU law. Article 8 of the Constitution does not allow that.

Article 3 a of the Constitution – first and third paragraph: Pursuant to a treaty ratified by the National Assembly by a two-thirds majority vote of all deputies, Slovenia may transfer the exercise of part of its sovereign rights to international organisations of above-state nature which are based on respect for human rights and fundamental freedoms, democracy and the principles of the rule of law and may enter into a defensive alliance with states which are based on respect for these values. Legal acts and decisions adopted within international organisations of above-state nature to which Slovenia has transferred the exercise of part of its sovereign rights shall be applied in Slovenia in accordance with the legal regulation of these organisations..

First paragraph of Article 3 a A treaty ratified by a two-thirds majority vote of all deputies Abstract way  Structure of our Constitution, tradition  Accession an uncertain future fact until signature  We did not wish to prejudice the outcome of the referendum Incorporation of defensive alliances

Second paragraph of Article 3 a Prior to ratification of a treaty from the previous paragraph, the National Assembly can call a referendum. At that referendum a proposal was adopted if it had been voted for by the majority of voters, whose votes were valid. The National Assembly is bound by the outcome of the referendum. In case of a referendum, it is not possible to call a referendum about the ratification act with reference to such a treaty. In Advance Facultative A proposal is adopted if voted for by majority of voters, whose votes were valid. NA bound by outcome of referendum.

Third paragraph of Article 3 a Legal acts and decisions adopted within international organisations to which Slovenia has transferred the exercise of part of its sovereign rights shall be applied in Slovenia in accordance with the legal regulation of these organisations.. The need for such provision is questionable. Autonomy, supremacy and direct application not stipulated by our regulation EU law executed by our bodies in accordance with our regulation, referring to the procedures and contents

Fourth paragraph of Article 3 a In procedures for the adoption of legal acts and decisions in international organisations to which Slovenia has transferred the exercise of part of its sovereign rights, the Government shall promptly inform the National Assembly of proposals for such acts and decisions as well as of its own activities. The National Assembly may adopt positions thereon, which the Government shall take into consideration in its activities. The relationship between the National Assembly and the Government arising from this paragraph shall be regulated in detail by a law adopted by a two- thirds majority vote of deputies present..

Government after entering the EU New competences of the Government due to membership in the EU Decisions on execution of a part of sovereign rights transferred to EU bodies “Transfer” of competence of co-decisions within EU bodies from the Parliament to the Government NA wants to maintain right to information, control and influence

Procedure before the NA In matters the contents of which would be within the competence of the NA Special working body - legitimacy At a plenary meeting the NA shall discuss only changes of foundation treaties, and before each European Council meeting the “situation in the EU and the position of the RS within the EU”

Adoption of the Government’s position with reference to legislative and other EU acts Instructions on procedures and way of preparation of the position in the procedure of adoption of legal proposals and other EU acts of Position prepared by Ministries, adopted by the Government, EU portal, 35 Working Parties, a working group for European affairs, Government Position in all phases of the procedure Unquestioned positions – adopted unless no Government member contradicts them within the stipulated period – Article 16 of the Government Act

The question of the position adopted in the NA bounding the Government : In case the Government estimates implementation of a position would not benefit the RS, it can adopt a different decision and inform the NA thereof Consistency of our representatives Flexibility: In case of new elements a representative of the competitive body can change the position after a prior consent by the GOEA Ability to make compromises, quality of arguments

European article and sovereignty Change “activated” only with the EU Accession Treaty Slovenia has not renounced or lost its sovereignty Question of withdrawal from the EU Regulation by our Constitution Article 60 of the European Constitution– third paragraph

Change of Article 47 No citizen of Slovenia may be extradited or surrendered to a foreign state unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of Article 3a, Slovenia has transferred the exercise of part of its sovereign rights to an international organisation.. The extradition of aliens shall only be permitted in cases covered by treaties that are binding on Slovenia..

Change of Article 68 Aliens may acquire ownership rights to real estate under conditions provided by law or if so provided by a treaty ratified by the National Assembly, under the condition of reciprocity. Such law and treaty from the preceding paragraph shall be adopted by the National Assembly by a two-thirds majority vote of all deputies.