President of the Republik

PROF. DR. MIHA RIBARIC: STATUS OF THE PRESIDENT OF THE REPUBLIC OF SLOVENIA IN THE SYSTEM OF GOVERNMENT

Ljubljana, 30 May 2000

National report for the Round Table Conference "Ten Years of the Democratic Constitutionalism in Central and Eastern Europe", Polish Association of Constituional Law, Maria Curie-Sklodowska University in Lublin, Institute of Public Affairs, Kazimierz Dolny, Poland, September 14 - 16, 2000

Prof. dr. Miha Ribaric
Adviser to the President of the Republic of Slovenia on constitutional and legal affairs
Office of the President of the Republic of Slovenia


STATUS OF THE PRESIDENT OF THE REPUBLIC OF SLOVENIA IN THE SYSTEM OF GOVERNMENT


1. Status of the President of the Republic

Under the current Constitution of the Republic of Slovenia dating from 1991 the institution of President of the Republic is placed within the parliamentary system.

  • Mode of election and term of office
The President of the Republic is elected by direct, general election conducted by secret ballot. The President of the Republic is elected by a majority of valid votes cast. If no candidate receives a majority in the first round of voting, the voting is repeated between the two candidates who obtained the most votes. The President of the Republic is elected for a five-year term and may not serve more than two consecutive terms (Article 103 of the Constitution).

Particular to the Slovenian constitutional arrangement is that on the one hand the direct election of the President of the Republic strengthens his position and role, while on the other hand his powers are severely restricted.

  • Protocol position
In terms of protocol the President of the Republic is in first position above all other constitutional bodies. The protocol position of the President of the Republic cannot be equated with his functions, tasks or powers. Nor can it be equated with his representative function as head of state. The position of protocol is not synonymous with the function of representation.

  • Incompatibility
Under the Constitution the office of President of the Republic is incompatible with any other public office or position (Article 105). In order to carry out his duties neutrally and for the sake of his authority he needs to be free of all other obligations and his independence must be guaranteed. The actions of the president may not give the impression of partiality.

  • Oath
Before taking office the President of the Republic takes the following oath before the National Assembly (lower house of parliament): "I swear that I shall honour the Constitution, that I shall act according to my conscience and that I shall do all in my power for the good of Slovenia" (Article 104). The wording of the oath taken by the Prime Minister and other government ministers is the same (Article 113).

  • Immunity
The Slovenian Constitution does not envisage immunity for the President of the Republic. In this respect the Slovenian Constitution differs from comparable constitutional arrangements. From a comparative point of view, which in general is not the concern of this paper, there is no reason in principle to leave out of the Slovenian Constitution a provision on immunity for the President of the Republic and it is one of the issues that needs to be reconsidered if and when the current Constitution is amended.

  • Disputes as to competence
Disputes as to competence between the National Assembly, the President of the Republic and the Government are decided by the Constitutional Court (Article 160).

  • Personal position and office of the President of the Republic
The provisions of the Deputies Act relating to the material and other conditions for the work of parliamentary deputies and on the rights of deputies after they leave office also apply accordingly to the President of the Republic. The President of the Republic is entitled to a salary in the same amount as that determined in the Deputies Act for the President of the National Assembly. Given the importance of the office of President of the Republic both in domestic affairs and in international relations, the provision allocating the same salary to the President of the Republic as that of the President of the National Assembly (lower house of parliament) is questionable. The same law provides that the Prime Minister and the President of the Constitutional Court also receive the same salary as the President of the National Assembly. And the Human Rights Ombudsman, under the specific the law on the ombudsman, is entitled to receive the same salary as the President of the Constitutional Court, as is the President of the Court of Auditors. The Director-General of the Agency for the Auditing of the Ownership Transformation of Companies, in accordance with the relevant legislation, has the right to receive the same salary as the President of the Court of Auditors. The National Council (upper house of parliament) has determined that its president receives a salary equal to that of the President of the National Assembly. These arrangements make the salaries of all these holders of state office equal in practice.

Pursuant to authorisation set out in the Deputies Act the President of the Republic has determined the organisation and workings of his expert services. These services are organised within the office of the President of the Republic.

Both for reasons of principle as well as from practical experience it would seem appropriate to regulate this entire subject area in specific legislation on the material and other conditions for the work of the President of the Republic, including his personal office. There is also a question of whether a specific provision should be included in the Constitution concerning the remuneration of the president and the funds for the work of his office.

  • Accountability
The Constitution regulates the accountability of the President of the Republic (impeachment). If while carrying out his duties of office the President of the Republic violates the Constitution or commits a serious breach of the law the National Assembly may bring complaint against him before the Constitutional Court. The Constitutional Court upholds or rejects the charges, and with a two-thirds majority of all its judges it may decide to relieve the office. Once the Constitutional Court has received an impeachment complaint from the National Assembly it may decide by two-thirds majority of all the judges that until a decision is made on the impeachment the President of the Republic may temporarily not carry out his functions (Article 109 of the Constitution). This procedure is set out in detail in the Constitutional Court Act.

The National Assembly may also impeach the Prime Minister and other government ministers before the Constitutional Court (Article 119) for violations of the Constitution or laws committed while in office.

  • Replacement
In the event that the President of the Republic is permanently incapacitated, dies, resigns or is otherwise permanently unable to perform his function as President of the Republic, the President of the National Assembly temporarily occupies the office of President of the Republic until such time as a new President of the Republic can be elected. In addition, the President of the National Assembly temporarily performs the functions of the President of the Republic during any temporary absence of the President of the Republic (Article 106 of the Constitution).

Replacement means taking over all the powers of the President of the Republic. Neither the Constitution nor any other regulation defines in detail either permanent incapacitation or temporary absence, nor who has the right to establish that such a situation exists.

Also, the Constitution does not regulate the situation not involving an absence for which the President of the National Assembly would temporarily perform the functions of the President of the Republic in their entirety and with full authority but which would involve replacement for individual powers or for sharing the work between the President and his representative. If, for example, the President of the Republic is on a state visit abroad he is there precisely because he is carrying out his official functions. And in general when the President of the Republic is out of the country it does not necessarily mean that he is incapacitated or absent for reasons that would make him incapable of carrying out his functions. For instance, with today's technology the President of the Republic can make decisions on the proclamation of laws wherever he may be. I do not believe that in the Constitution there is anything to prevent the President of the Republic when he is carrying out his functions but is unable to perform necessary official business at home from authorising the President of the National Assembly to take care of these matters. In such cases the President of the National Assembly would not be performing the function of the President of the Republic in full but only particular tasks by authorisation. This sort of authorisation could be specified in detail by stating the task or tasks involved or it could be more general. In each particular case this could only involve carrying out tasks which need to be carried out within a prescribed period or need to be carried out without delay for reasons of national interest.

The Constitution contains no provisions concerning the accountability of the President of the National Assembly for violations of the Constitution or for serious breaches of the law when he is replacing the President of the Republic. If we were to accept that charges can be brought against the President of the National Assembly before the Constitutional Court for violations of the Constitution or the law committed while he is carrying out the function of the President of the Republic, then such charges could only be brought by the National Assembly itself, which has at its disposal a more simple way of recalling the President of the National Assembly if it decides to do so.

The Constitution also does not determine who in the event of the recall or any other termination of the office of the President of the National Assembly, or generally when the President of the National Assembly for reasons of temporary absence or permanent incapacity is unable to replace the President of the Republic, would temporarily perform the functions of the President of the Republic. The deputy President of the National Assembly is not a category recognised in the Constitution; there is a maximum of three deputy presidents and they are introduced by the standing orders of the National Assembly. If the President of the National Assembly is absent he is replaced by one of his deputy presidents at his appointment. I believe it does not go without saying, and it could certainly be highly contentious, that the President of the National Assembly, while he is temporarily carrying out the functions of the President of the Republic, would be replaced by one of the deputy presidents of the National Assembly.



2. Powers (functions) of the President of the Republic

The Constitution of the Republic of Slovenia distinguishes between the function (the office) of the President of the Republic and his powers.

As defined in the constitution, the function of the President of the Republic is to represent the Republic of Slovenia and to be the Commander-in-Chief of its defence forces (Article 102).

The powers of the President of the Republic are laid down in the Constitution and also in a number of laws, which in respect of this question to do not have an explicit basis in the Constitution.

It would be logical in the Constitution to differentiate between the function of the President of the Republic as such and the tasks, authorisations and powers that comprise that function. An analysis of the term function in the Slovenian Constitution reveals that as a constitutional notion it encompasses the entirety of the tasks, authorisations and powers of the holder of the function.

In the Constitution the President of the Republic has the following powers:
    • to call elections to the National Assembly (Articles 107 and 81);
    • to convene the first session of a new National Assembly (Article 81);
    • to require an extraordinary session of the National Assembly to be convened (Article 85);
    • powers in connection with a state of emergency or a state of war at times when the National Assembly is unable to convene (Articles 92 and 108);
    • to proclaim statutes (Articles 107 and 91);
    • to propose a candidate for Prime mminister to the National Assembly (Article 111);
    • to dissolve the National Assembly and call new elections if no candidate is elected Prime Minister in the second or third round of voting or if in the event that a motion of confidence in the Government fails the National Assembly does not elect a new Prime Minister or express its confidence in the Government in a fresh vote (Articles 111 and 117);
    • to propose candidates for Constitutional Court judges to the National Assembly (Article 163);
    • to propose five members of the Judicial Council (out of a total of 11) to the National Assembly (Article 131);
    • to appoint state officials where so provided by law (Article 107);
    • to accredit and recall Slovenian ambassadors and consuls and to accept the credentials of foreign diplomatic representatives (Article 107);
    • to publish ratification documents (Article 107);
    • to grant pardons (Article 107);
    • to confer state honours, decorations and honorary titles (Article 107);
    • to request a decision on jurisdictional disputes between the National Assembly, the President of the Republic and the Government (Article 160);
    • to propose to the Constitutional Court in the procedure to ratify international agreements that it give an opinion on the conformity of the agreement with the Constitution (Article 160).

A number of laws give powers to the President of the Republic that are not explicitly stated in the Constitution or do not derive directly from constitutional provisions:
    • under the Foreign Affairs Act the President of the Republic decides on the opening and closing of foreign missions (embassies, consulates and permanent representations in international organisations);
    • under the Bank of Slovenia Act the President of the Republic proposes to the National Assembly that it appoint a governor of the Bank of Slovenia and members of the Bank's Council;
    • under the Humans Rights Ombudsman Act the President of the Republic proposes to the National Assembly that it elect a human rights ombudsman;
    • under the Court of Auditors Act the President of the Republic proposes to the National Assembly that it appoint judges of the Court of Auditors;
    • under the Constitutional Court Act the President of the Republic proposes to the National Assembly that it appoint candidates from the Republic of Slovenia to serve as judges at the European Court of Human Rights.

From a constitutional point of view there is a question with respect to these powers that are currently set out in laws of whether there is a need to state them explicitly in the Constitution or to add to the Constitution a provision providing that the President of the Republic also carries out other tasks that are not laid down in the Constitution if they are provided for by law. For such a law to be passed a specific qualified majority of deputies could be prescribed, even the same majority that is required for a constitutional amendment, i.e. two-thirds of the votes of all deputies.

In accordance with an explicit constitutional provision the President of the Republic must express an opinion on a specific matter when required to do so by the National Assembly (Article 107). But this constitutional provision in no way prevents the President of the Republic from giving his opinion to the National Assembly even if the National Assembly has not specifically requested it, nor does it restrict the President of the Republic to giving an opinion only on the specific question. When, how and on what subject the President of the Republic airs his views and whether he addresses those views in public as such or only or primarily to the National Assembly is a matter for his discretion. This position has been confirmed in practice.



3. The President of the Republic in the system of state bodies

The position of the President of the Republic of Slovenia is defined by constitutionally guaranteed protection of human rights and fundamental freedoms, by the constitutional principles of a democratic and social state governed by the rule of law, by the principle that all authority derives from the people and by the principle of the separation of powers. In accordance with the principle of a state governed by the rule of law and the principle of the separation of powers into legislative, executive and judicial branches, all the highest constitutional bodies must respect their mutual relationships, authorisations and powers as set out in the Constitution.

  • Representative function
The institution of President of the Republic reflects the general acknowledgement worldwide that all states, including republics, require a head. The President of the Republic is the first representative of the state. The Slovenian Constitution contains a provision that the President of the Republic represents the Republic of Slovenia but it does not define the substance of the representative function.

The German constitution explicitly provides that the federal president represents the federation in international law. Under the Austrian constitution the federal president represents the republic externally. The Italian constitution provides that the president of the republic is the head of state and represents national unity. Under the Czech constitution the president of the republic represents the state externally. Under the Polish constitution the President of the republic is the supreme representative of the republic and the guarantor of the continuity of state authority. The Polish constitution also contains a provision that the president of the republic guarantees respect for the constitution and safeguards the sovereignty and security of the state and the inviolability of its borders. And the Polish constitution also contains a provision relating to the powers of the president of the republic as the representative of the state in foreign affairs.

The function of representing the republic under the Slovenian Constitution undoubtedly means that the President represents the republic both at home as well as externally in international relations. The President of the Republic is the only state body which under the Constitution represents the state. He does not require any additional authorisation to perform this function. Pursuant to the Foreign Affairs Act the foreign ministry is obliged to prepare the expert foundations required by the President of the Republic in the area of foreign policy. Upon a request from the state bodies, including the President of the Republic, or at its own initiative, the foreign ministry gives an opinion on the external political interests of the Republic of Slovenia in the development of foreign policy activities. This ministry informs the state bodies, including the President of the Republic, about matters that are important for carrying out foreign affairs and also offers him assistance. The President of the Republic is included in the procedure to conclude an international agreement because he issues documents on the ratification of international agreements. This is laid down in the Constitution and in the Foreign Affairs Act. In the procedure to ratify an international agreement the President of the Republic may also require the Constitutional Court to give an opinion on its conformity with the Constitution. The National Assembly is bound by the opinion of the Constitutional Court.

Representing the state externally does not give the President of the Republic the power to pursue a national foreign policy independently. Foreign policy authority is vested in the parliament and the Government. But this does not mean that the role of the President of the Republic in the foreign policy sphere is reduced to merely mechanically proclaiming the national will as decided by the competent bodies. In practice, before making foreign policy appearances the President of the Republic requests the necessary information and an opinion from the foreign ministry and also from the Government. The President of the Republic is not formally bound by this consultation, but in the interests of coordinated and effective foreign policy it is natural and advantageous that the President of the Republic is aware of the positions taken by the foreign ministry and the Government. The basic foreign policy orientations are formulated by the parliament and the Government, but in carrying out his functions in the foreign policy sphere the President of the Republic has a certain degree of room to manoeuvre and independence.

By carrying out his representative function both in the international arena as well as in his public appearances at home as the President of all the country's citizens, the President of the Republic performs an integrating function. The personality of the President of the Republic to a large extent determines how his role in linking the various interests in the country is given expression. This applies in particular to the activities of the President of the Republic in internal affairs. As is the case with the activities of the state president in a number of other comparable parliamentary democracies, in Slovenia too the President's public speeches and appearances are the most important instrument he has to put into practice his task of integration. Unless the parliament requires the President of the Republic to give an opinion on a particular matter, the President is not legally obliged to do so. Clearly every public appearance by the President of the Republic is of an official nature and he must therefore abide by the constitutionally determined framework of his office. Since the first democratic elections in 1990 (initially in a Republic of Slovenia still incorporated within federal Yugoslavia and then since 1991 in the Republic of Slovenia as an independent state) it has become established practice for the President to make public appearances (first as the President of the Presidency of the Republic, and since 1992 as an individual President of the Republic) representing the state externally and to give public speeches and appearances within the country.

The function of representing the state as laid down in the Constitution and for which the President of the Republic has exclusive authority cannot, of course, be equated with the authority to sign agreements under the Vienna Convention on contract law of 23 May 1969. Under this convention, on the basis of their positions and without having to submit authorisation, in addition to the heads of state the heads of government and foreign ministers are also considered to be representatives of their states. This provision in the convention has particular importance in assessing the normative and actual position of the head of state in those constitutional arrangements where the head of state is authorised to conclude international agreements, as is the case in Germany and Austria for example, but in Slovenia the head of state does not have this authority.

  • Relationship with the government
After consulting with the heads of the parliamentary groups the President of the Republic submits the name of a candidate for Prime Minister to the National Assembly. Under the Constitution the President of the Republic has the exclusive right to propose a candidate for Prime Minister in the first round of voting, and, among others, may propose a candidate in the second or third round of voting if it comes to that. The Prime Minister may be replaced by means of a so-called constructive vote of no-confidence. If upon a proposal from at least ten deputies the National Assembly elects a new Prime Minister, the incumbent Prime Minister is relieved of office. But together with his ministers he must continue to carry out current business until a new Government is sworn in (Article 116 of the Constitution). In addition, the Prime Minister himself may demand a vote to be taken on a motion of confidence in his Government. If the Government fails to gain a majority of the votes of all the deputies in the National Assembly, the National Assembly must within thirty days either elect a new Prime Minister or express its confidence in the incumbent Prime Minister in a fresh vote, otherwise the President of the Republic dissolves the National Assembly and calls elections (Article 117 of the Constitution). In the event that a motion of confidence in the government fails, the President of the Republic, a parliamentary group or any group of at least ten deputies (under the provisions of the standing orders of the National Assembly) may propose a candidate for Prime Minister in the first round of voting.

The actual possibilities for the President of the Republic to influence the choice of Prime Minister depend on the strength of the political parties in parliament. The election of a Prime Minister requires a majority of the votes of all the deputies, in other words at least 46 out of 90. If a single party were to gain a majority of the seats in parliament at an election then in practical terms the consultation between the President of the Republic and the heads of the parliamentary groups could only be to establish who was the candidate from the victorious political party. And in the case where no single party gains an absolute majority of deputies but a strong coalition with a joint candidate for Prime Minister is formed and the coalition has an absolute majority of the deputies, the situation would in essence be the same. But if no solid coalition or bloc of political parties is formed and none of the candidates is assured of at least the minimum support required for election, the consultative role of the President of the Republic can come to the fore in the face of varying and opposing interests. The greater the diversity and fragmentation in the political arena, the more necessary and important is the role of the President of the Republic. And it should be remembered that the President of the Republic is not legally bound when it comes to who he proposes as a candidate for Prime Minister. The actual limitation lies in the constitutional provision that the Prime Minister is elected by the National Assembly. In general it would be the case that the President of the Republic proposes as Prime Minister the candidate who has a realistic possibility of gaining the necessary support in the National Assembly. But this criterion is not necessarily decisive in the case where the political forces in parliament are equal or have not formed strong alliances. In 1997 the Prime Minister was elected with 46 votes in parliament after being proposed by the President of the Republic, and in 2000 after a vote of no confidence was passed in the incumbent Prime Minister, a new Prime Minister was elected again with 46 votes after being proposed by a group of deputies.

A particular feature of the Slovenian Constitution is that the Prime Minister is elected by the National Assembly and then after he has been elected and at his proposal the National Assembly votes separately on the appointment of ministers after they have made individual presentations to the relevant parliamentary committee (Article 112 of the Constitution). It could be asked whether this dual decision-making by parliament on the Government is in conformity with the principle of the separation of powers and with the responsibility that the Prime Minister must have in a parliamentary system and whether this method of forming a Government provides for the necessary effectiveness.

There is no provision in the Slovenian Constitution for a so-called countersignature. There is no constitutional provision under which all the acts passed by the State President, apart from certain exceptions, would require the countersignature of the Prime Minister or the relevant minister in order to be valid. I believe the countersignature mechanism in principle is not incompatible with the general concept of the Slovenian Constitution.

  • Relationship with parliament
We are only dealing here with the relationship between the President of the Republic and the lower house of parliament, i.e. the National Assembly. In carrying out a range of tasks which we have mentioned the President of the Republic has a relationship with the National Assembly.

In exercising his function and powers the President of the Republic is not restricted in making initiatives either to the Government or parliament if he judges it necessary and in the national interest. The constitutional basis for these initiatives concerning the relationship between the President of the Republic and the National Assembly is specifically laid down.

In practice the National Assembly has twice demanded an opinion from the President of the Republic. In 1993 the National Assembly passed the first reading of a Defence Bill and called on the President of the Republic to give an opinion on the legislation. And the President of the Republic provided an opinion.

In the second case the National Assembly called on the President of the Republic to explain at a session of the National Assembly a statement he made on political events in Slovenia, i.e. to give a report on his own opinion. The President of the Republic responded to the National Assembly's request and submitted a written opinion and also explained it in person at a session of the National Assembly in 1994.

The National Assembly does not debate an opinion given by the President of the Republic. And the deputies are also not able to put questions. After the President of the Republic has presented his opinion at his own initiative or upon an invitation from the National Assembly, including at a session of the National Assembly, the presiding officer of the National Assembly merely confirms that the President of the Republic has expressed his opinion on the specific issue and the item on the agenda is thereby concluded.

The President of the Republic has given an opinion to the National Assembly at his own initiative twice. In 1997 he recommended to the National Assembly that it ratify the Association Agreement with the European Union. And also in 1997 the President of the Republic gave a dissenting opinion to the National Assembly on a proposed lustration.

  • Information
The degree to which the President of the Republic is informed is important both for representing the state and for carrying out other activities. The provision of information to the President of the Republic by the National Assembly is regulated in the National Assembly's standing orders, and by the Government in its standing orders. The Government works together with the President of the Republic on matters within his area of responsibility and informs him on issues that are important for his work. We have already mentioned the provisions in the Foreign Affairs Act. A provision on informing the President of the Republic in his role as the Commander-in-Chief is also contained in the Defence Act, and specifically in Instructions on Implementing Obligations Towards the President of the Republic in the Defence Field, adopted by the defence minister with the consent of the President of the Republic. The Slovenian Security and Intelligence Agency Act contains a provision that the Agency informs the President of the Republic of its findings when the matters concerned are within his area of power.

I believe it would be a good idea for the Government Act to be amended or for the President of the Republic Act which is being prepared to include a provision on the Government and other state bodies giving information to the President of the Republic. It should be laid down in law that the Prime Minister keeps the President of the Republic regularly informed about Government policy and about the workings of the individual ministries and offices by sending him essential materials, and written reports on matters of particular importance, and by informing him in person when necessary. In order for the President of the Republic to be up to date the secretary-general of the office of the President of the Republic should be invited to sessions of the Government on a regular basis. German government regulations, for example, do contain such a provision. The ministries and the government offices should be bound by law to provide information to the President of the Republic by means of regular and extraordinary reports and to send all other notifications that are important for his work.

  • Commander-in-Chief
Under the Constitution the President of the Republic is the Commander-in-Chief of the defence forces. The defence field, in accordance with the Constitution, is regulated by a law adopted by the National Assembly by two-thirds majority of those deputies present and voting (Article 124). But the fact that under the Constitution the President of the Republic is responsible for carrying out his function in full raises the question of his responsibilities as Commander-in-Chief. In this discourse I will not go into an analysis of whether the statutorily determined powers in the defence field suitably provide for the constitutional function of Commander-in-Chief, particularly from the point of view of ensuring subordination of the army to the civilian authorities and the transparency of relations between the state and its organs, and specifically between the National Assembly, the Government, the President of the Republic and the army. The requirement for the subordination of the army to the civilian authorities calls for a completely unambiguous legal provision as to who commands the army, and guarantees must be in place for the political neutrality of the army, transparency of financing, legally defined supervision by parliament and its working bodies in the fields of defence and the army, a clear division of the powers and responsibilities of all decision-makers, and for the incorporation of a safety net in the legal system to prevent any holders of public office from acting in violation of the constitutional order with the help of the army.

In connection with the function of the President of the Republic as Commander-in-Chief of the defence forces an unresolved issue in my opinion is that of the defence council as a consultative body to the President of the Republic. Under the Constitution the President of the Republic is the Commander-in-Chief of the defence forces, which means that he commands the country's armed forces. In my opinion the function of Commander-in-Chief in peacetime and in war and the powers which the President of the Republic has when the National Assembly is unable to convene owing to there being a state of emergency or a state of war require a defence council headed by the President of the Republic and which is established in accordance with the law to be envisaged in the Constitution. The council would comprise, for example, the Prime Minister, the President of the National Assembly, the ministers of foreign affairs, defence, internal affairs and finance and other officials who would be determined by law, and when there is an immediate threat of war or in an actual state of war also the representatives of all the political parties represented in the National Assembly.

A broader question that arises here is that of coordination in the fields of foreign policy, defence and national security as a whole. A national security council is envisaged under the Government Act as a consultative and coordinating body of the Government in the fields of defence, the security system, the system for protection and rescue and for "other issues of national security". The Defence Act envisages a national defence operational headquarters for operational coordination of military and civil defence, security tasks, the implementation of protection and rescue and for carrying out defence tasks in accordance with the orientations of the National Assembly in time of war. I do not believe that either the first or the second body can be a replacement for the role that must be carried out by the consultative body of the President of the Republic in carrying out his functions, powers and authorisations and ensuring accountability. A defence council under the President of the Republic would mean not only consultation and coordination but also strong and suitably balanced supervision of the implementation of the powers of the President of the Republic and the government in the highly sensitive fields of defence and national security.



4. Role of the President of the Republic in the national political system

The role of the President of the Republic of Slovenia as an integrating factor in the political system is most relevant in that, through his public speeches, he brings together the country's citizens in their affiliation to the state as an organised community. Through his public appearances the President of the Republic promotes basic values of civilisation – first and foremost respect for human rights and basic freedoms – consolidates a consciousness of national allegiance and belonging to the international community, the principles of democracy, the rule of law, a social state and solidarity, and strives for opportunities for everyone to obtain an education and training for work, for respect for diversity and tolerance among people.

And the role of the President of the Republic as a factor for national integration is also apparent in his public positions on particular issues, such as support for inclusion in the European Union and Nato, striving to overcome divisions from the past and national reconciliation, and warning of the phenomenon of a partitocracy. When a motion of no confidence in the Government was passed in the spring of 2000 the President of the Republic took the position that he would not propose a new Prime Minister because there was no realistic prospect of a stable Government being formed, i.e. one that would have sufficient support in parliament, and that it was better to allow the voters to elect a new parliament and consequently a new Government. He therefore took the position of supporting the dissolution of parliament and holding early elections.

In relation to other state bodies such as the Government and the parliament, the directly-elected president of the republic has an influence and a reputation which depends primarily on how the public receive his pronouncements, thoughts and opinions. The public position of the President of the Republic, his public opinion rating, is less dependent on his formal function as such and on his specific powers as laid down in the Constitution and laws than on the substance he gives to his activities and the way in which he carries them out.

Direct election gives the President of the Republic a particular political weight, and the divisions in the political arena allow him the room to play an intermediary role. In practice this intermediary role of the President of the Republic has come to the fore in the achieving of a political consensus as to the method of carrying out the plebiscite on the independence and sovereignty of the Republic of Slovenia in 1990 (then still in the position of President of the Presidency as a collective President of the Republic), in parliament's decision on associate membership of the European Union, and in helping to achieve a political consensus before appointments are proposed to the National Assembly.

 

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