President of Slovenia

Election and term of office

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

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. 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. 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”.

The Constitution of Slovenia provides for a parliamentary system of government, whereby the presidency is a predominantly ceremonial institution with limited political power. Indeed, unlike in most parliamentary republics, the president is not even the ‘’nominal’’ chief executive. Rather, the executive authority of Slovenia is explicitly vested in the Government with the prime minister as its head. Nevertheless, both the National Assembly and the Government are obliged as a matter of law and by the terms of their own standing orders to keep the president fully informed on matters of state, be they foreign or domestic. 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. Thus, the powers and duties at the president’s disposal are generally exercised either in his or her complete discretion, after consultation with or on the proposal of the Government (with the right to refuse a proposal and to act contrary to any advice tendered), or in accordance with constitutional restrictions in the case of certain ministerial functions.

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 general elections must be called no later than fifteen days before the expiry of four years from the date of the first session of the outgoing National Assembly. Likewise, if the president dissolves the National Assembly before the expiration of its mandate 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 must be convoked by the president no later than twenty days after a general election.

;Convene extraordinary sessions of the National Assembly: The president of the Republic may convene an extraordinary session of the National Assembly. 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.

;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; 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.

;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.

;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.

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.

;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. The National Assembly in turn confirms or rejects the candidates so nominated. If confirmed, the nominees are formally appointed to office by the president.

;Represent Slovenia in foreign relations: The president of the Republic acts as Slovenia's supreme representative in international affairs. In this capacity, the president appoints and recalls Slovenian ambassadors and envoys, accepts the credentials of foreign diplomats accredited to Slovenia, and both pays and receives state visits. 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 these duties, the president is required by law to consult the foreign minister in order to ensure a coordinated and effective foreign policy. The president is nevertheless not obliged to follow any of the foreign minister's opinions, proposals, requests, or recommendations. Indeed, the president may act contrary to such advice. In a similar vein, the president is empowered to issue instruments of ratification, whereby Slovenia expresses its consent as a sovereign state to be bound by treaty under international law. 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.{{Cite web|url=https://www.gov.si/en/news/2024-03-07-the-slovenian-parliament-was-the-only-one-actively-involved-in-the-eu-accession-negotiations/|title=The Slovenian Parliament was the only one actively involved in the EU accession negotiations

;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. 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. 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 guidelines prepared by the defense minister and submitted 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. adopts regulations with the force of law 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 mobilisation 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 (during a state of emergency) their total mobilisation.

;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.

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. 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.

;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.

;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. 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. 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.

;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.

;Confer and revoke state honours: The president of the Republic is Slovenia's fount of honour. 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.

List of presidents of Slovenia

[[Socialist Republic of Slovenia]]

Parties;

[[Slovenia|Republic of Slovenia]]

Parties;

Latest election

Main article: 2022 Slovenian presidential election

Footnotes

References

References

1. (26 June 2022). "Za predsedniški položaj pet tisočakov osnovne bruto plače, nekaterim pravicam sta se Pahor in Pečarjeva odrekla". [[Slovenian Press Agency]].
2. "Kako volimo predsednika države?". [[RTV Slovenija]].
3. "Article 102, Constitution of Slovenia". The Constitute Project.
4. Alenka Krašovec & Damjan Lajh. "Informal Powers by Presidents in a Small State: Semi-Presidentialism in Slovenia". European Consortium for Political Research.
5. "Article 104, Constitution of Slovenia". The Constitute Project.
6. (13 November 2022). "Slowenien wählt erstmals eine Frau zum Staatsoberhaupt".
7. "Articles 110 and 114, Constitution of Slovenia". The Constitute Project.
8. "Articles 1 & 2, Act on the Government of the Republic of Slovenia". Government Legislation Service of the Republic of Slovenia.
9. "Articles 11 & 12, Act on Ensuring the Conditions for Performing the Office of President of the Republic". Government Legislation Service of the Republic of Slovenia.
10. "Public Management Profiles of Central and Eastern European Countries: Slovenia". Organization for Economic Co-Operation and Development.
11. Miha Ribaric. "Status of the President of the Republic of Slovenia in the System of Government". Office of the President of the Republic of Slovenia.
12. Miha Ribaric. "Status of the President of the Republic of Slovenia in the System of Government". Office of the President of the Republic of Slovenia.
13. Miro Cerar. "Semi-Presidentialism in Europe".
14. "Article 81, Constitution of Slovenia". The Constitute Project.
15. "Article 6, Rules of Procedure of the National Assembly". Government Legislation Service of the Republic of Slovenia.
16. LegislatiOnline. "Articles 14 & 19, National Assembly Elections Act". OSCE Office for Democratic Institutions and Human Rights.
17. "Article 85, Constitution of Slovenia". The Constitute Project.
18. "About the National Council". National Council of the Republic of Slovenia.
19. Lakota, Igor. (2006). "Sistem nepopolne dvodomnosti v slovenskem parlamentu (diplomska naloga)". Faculty of Social Sciences, University of Ljubljana.
20. "Article 111, Constitution of Slovenia". The Constitute Project.
21. "Article 117, Constitution of Slovenia". The Constitute Project.
22. "Article 107, Constitution of Slovenia". The Constitute Project.
23. "Article 91, Constitution of Slovenia". The Constitute Project.
24. "Article 111, Constitution of Slovenia". The Constitute Project.
25. "Articles 35-37, Bank of Slovenia Act". Government Legislation Service of the Republic of Slovenia.
26. "Articles 7 & 8, Court of Audit Act". Court of Audit of the Republic of Slovenia.
27. "Articles 2 & 13, Human Rights Ombudsman Act". Government Legislation Service of the Republic of Slovenia.
28. "Article 107, Constitution of Slovenia". The Constitute Project.
29. Joanne Foakes. "The Position of Heads of State and Senior Officials in International Law". The Oxford International Law Library.
30. Protocol and Liaison Services. "List of Heads of State, Heads of Government, and Ministers for Foreign Affairs". United Nations.
31. "Article 107, Constitution of Slovenia". The Constitute Project.
32. "Foreign Affairs Act". Government Legislation Service of the Republic of Slovenia.
33. "Article 107, Constitution of Slovenia". The Constitute Project.
34. "Article 86, Constitution of Slovenia". The Constitute Project.
35. "Article 160, Constitution of Slovenia". The Constitute Project.
36. "Article 102, Constitution of Slovenia". The Constitute Project.
37. "Article 92, Constitution of Slovenia". The Constitute Project.
38. "Defense Act". Government Legislation Service of the Republic of Slovenia.
39. "National Assembly Act". National Assembly of the Republic of Slovenia.
40. "Article 108, Constitution of Slovenia". The Constitute Project.
41. "Article 107, Constitution of Slovenia". The Constitute Project.
42. "President and opposition party clash over pardons". The Slovenian Times.
43. "Article 163, Constitution of Slovenia". The Constitute Project.
44. "Position". Constitutional Court of the Republic of Slovenia.
45. "Constitutional Court Act". Constitutional Court of the Republic of Slovenia.
46. Government Communication Office. "Judicial Council". Republic of Slovenia.
47. "About the Judicial Council". Judicial Council of the Republic of Slovenia.
48. "Article 131, Constitution of Slovenia". The Constitute Project.
49. "Annual Report of the Judicial Council of the Republic of Slovenia for FY 2023". Judicial Council of the Republic of Slovenia.
50. "Act on the Nomination of Candidates from the Republic of Slovenia for Judges of International Courts". Official Gazette of the Republic of Slovenia.
51. "Article 107, Constitution of Slovenia". The Constitute Project.
52. "Act on Decorations of the Republic of Slovenia". Government Legislation Service.