President of the Republik

PROF. DR. MIHA RIBARIC: RESPONSIBILITY OF THE PRESIDENT OF THE REPUBLIC

Portoroz, 1 April 1999

Summary:

Prof. dr. MIHA RIBARIC
RESPONSIBILITY OF THE PRESIDENT OF THE REPUBLIC
Author considers accountability of the President of the republic of Slovenia. Aspects of the comparative law are included. Taking in consideration the power of the National Assembly of impeachment President of the Republic before the Constitutional Court and prescribed sanction, ie removal from office, authors defines constitutional accountability of the President of the Republic as sui generis form of political accountability. Author considers also a problem of immunity of the President of the Republic. He has no immunity. Considered is Parliamentary Inquiry in comparison with procedure of the constitutional complaint. Attention is dedicated to legal remedies in the procedure of Parliamentary Inquiry, especially from the view of conformity with the Constitution. Author expresses the opinion that regulation of the Parliamenttary Inquiry is questionable from the viewpoint of protection of constitutionality and especially constitutionaly guaranteed human rights and freedoms. In Parliamentary Inquiry subject of Inquiry can be de facto treated as indicted. At request of qualified minority can get such status directly elected President of the Republic. In such request is not obligatory to indicate provisions of the Constitution and statutes which ought to be breached and prooves for these allegations. Without doubt in democratic state with the rule of law everybody on the position of public office ought to be accountable and subject to removal from office. Accountability of public officials ought to be implemented with observing the rule of law ie in comformity with the constitutional provisions, legally correct.

Process of complaint of the National Assembly against President of the Republic is obviously intertwined with political interests. Such a situation should not be a argument which could allow to substitute principles of the rule of law with principle of political arbitrament.

Author considers political accountability of the President of the Republic to the voters. Voters have not right to recall directly elected President of the Republic.

Political weight of the chief of the state, which has in parliamentary democracy foremost representative function and limited powers, depends at highest degree, how is he received by the public, how is public receiving his words, opinions, appraisals and warnings. Voters can to the directly elected chief of the state formally express no confidence on elections for the second term. In fact can voters express major or minor support or give not any more support during the first or the second term. Accountability to the voters is realised and measured by the degree of support which enjoys chief of the state in the public.

In continuation is considered oath of the chief of the state and his powers, especially function of the representation and the function of the Commander - in - Chief of the Defence forces of Slovenia. Considering statutory powers of the President of the Republic in the capacity of the Commander - in - Chief are indicated some open questions. Treated is necessity to establish National security council or Defense council by the President of the Republic.

Considered is temporarily performing the functions of the President of the Republic by the President of the National Assembly. At treating the powers of the President of the Republic to proclaim statutes is open the question of formal and material right to probation. Indicated are also some problems in the information field betwen the President of the Republic and the Government.




 

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