Constitution

Constitutional Act Implementing the Basic Constitutional Charter on the Sovereignty and Independence of the Republic of Slovenia

(consolidated text) ^*

Article 1

The authorities of the Republic of Slovenia assume, in accordance with this Act, the exercise of the rights and the performance of the duties that had been transferred by the Constitution of the Republic of Slovenia and the Constitution of the SFRY ^[1] to the authorities of the SFRY.

Article 2

Delegates from the Republic of Slovenia in the Federal Chamber of the Assembly of the SFRY hereby cease to hold office.

Delegates of the Assembly of the Republic of Slovenia in the Chamber of Republics and Provinces of the Assembly of the SFRY in office at the time of the entry into force of this Act, and delegates of the Assembly of the Republic of Slovenia who were elected at the joint session of all chambers of the Assembly of the Republic of Slovenia on 30 July 1990 to the Chamber of Republics and Provinces of the Assembly of the SFRY, hereby cease to hold office.

The Assembly of the Republic of Slovenia shall elect a twelve-member delegation authorised to negotiate in the Assembly of the SFRY the procedure of the dissolution of the hitherto SFRY, the resolution of current issues and the possible formation of a community of sovereign states on the territory of the hitherto SFRY.

The hitherto member of the Presidency of the SFRY from the Republic of Slovenia is hereby authorised to act in the Presidency of the SFRY as the representative of the Republic of Slovenia in accordance with the directives of the Assembly of the Republic of Slovenia.

The authorities of the Republic of Slovenia shall cooperate with the corresponding authorities of the hitherto SFRY in the performance of tasks resulting from this Act.

Article 3

Treaties concluded by Yugoslavia which apply to the Republic of Slovenia remain in force on the territory of the Republic of Slovenia.

The Executive Council of the Assembly of the Republic of Slovenia shall within three months submit to the Assembly of the Republic of Slovenia a survey of the treaties which apply to the Republic of Slovenia, on the basis of which the Assembly of the Republic of Slovenia shall adopt an act on the notification of other parties to such treaties.

Article 4

Until the issuance of appropriate regulations by the Republic of Slovenia, those federal regulations that were in force in the Republic of Slovenia when this Act entered into force shall be applied mutatis mutandis as regulations of the Republic of Slovenia, insofar as they are not contrary to the legal order of the Republic of Slovenia and unless otherwise provided by this Act.

The competencies held by authorities and organisations of the SFRY under the regulations referred to in the preceding paragraph shall in accordance with this Act be transferred to the authorities and organisations of the Republic of Slovenia. If such authority or organisation does not exist, the Executive Council of the Assembly of the Republic of Slovenia shall determine a provisionally competent authority or organisation.

Article 5

On the day this Act enters into force, the Bank of Slovenia, the Customs Administration of the Republic of Slovenia, the Foreign Exchange Inspectorate of the Republic of Slovenia, the Civil Aviation Authority of the Republic of Slovenia, the Telecommunications Administration of the Republic of Slovenia, the Standards and Metrology Institute of the Republic of Slovenia and the Office of the Republic of Slovenia for the Protection of Industrial Property Rights shall begin operating.

The authorities referred to in the preceding paragraph assume their competencies in accordance with the law and may also do so by agreement with the appropriate authorities of the hitherto SFRY.

Article 6

Those administrative authorities of the SFRY, their units or parts which have hitherto managed affairs within their competence on the territory of the Republic of Slovenia shall be transformed into administrative authorities of the Republic of Slovenia.

The employees of the authorities referred to in the preceding paragraph shall continue working as employees of the administrative authorities of the Republic of Slovenia. The time limit by which such employees must fulfil the general requirements prescribed for employment in the authorities of the Republic of Slovenia shall be determined by law.

Article 7

Diplomatic and consular missions, cultural and information centres and other SFRY representative offices abroad established under the Act on the Conduct of Foreign Affairs within the Competence of Federal Administrative Authorities and Federal Organisations (Official Gazette of the SFRY, No. 56/81) shall cease to perform the tasks within their competence for the Republic of Slovenia, unless otherwise regulated by an agreement with the appropriate authorities of the hitherto SFRY.

The missions and representative offices referred to in the preceding paragraph shall perform tasks for citizens of the Republic of Slovenia and legal entities from the Republic of Slovenia abroad, within the competencies and powers of the authorities of the Republic of Slovenia.

The Executive Council of the Assembly of the Republic of Slovenia may, with the prior consent of the Commission for International Relations of the Assembly of the Republic of Slovenia, conclude an agreement within the framework of the hitherto SFRY whereby diplomatic and consular missions, cultural and information centres and other representative offices of the SFRY abroad assume the representation and protection of the interests of the Republic of Slovenia.

Article 8

All judicial and administrative proceedings initiated before the authorities of the SFRY shall continue before the competent authorities of the Republic of Slovenia.

Individual legal acts issued by the authorities of the SFRY or the authorities of other republics of the SFRY which have not hitherto been enforced shall be enforceable on the territory of the Republic of Slovenia following the principle of actual reciprocity unless they are contrary to the legal order of the Republic of Slovenia.

Individual legal acts issued by the authorities of other republics of the hitherto SFRY after this Act has entered into force apply to the Republic of Slovenia where, in the manner and under the conditions applicable to individual legal acts of foreign countries.

Article 9

The Republic of Slovenia shall assume the administration of all movable and immovable property that was administered by federal authorities and the commands, units and institutions of the Yugoslav People's Army on the territory of the Republic of Slovenia until the entry into force of this Act.

The takeover of the property of the Yugoslav People's Army shall be carried out gradually and completed no later than by the end of 1993, in accordance with the orders of the Presidency of the Republic of Slovenia on the renaming of the units of the Yugoslav People's Army as units of the Territorial Defence of Slovenia.

In accordance with a law or agreement, the republic administrative authority competent for defence shall ensure that, in accordance with the decisions of the Presidency of the Republic of Slovenia, the commands, units and institutions of the Territorial Defence of the Republic of Slovenia assume the administration of the property referred to in the preceding paragraph that was administered by the commands, units and institutions of the Yugoslav People's Army until the entry into force of this Act.

Article 10

The Executive Council of the Assembly of the Republic of Slovenia shall within three months submit to the Assembly of the Republic of Slovenia negotiating positions regarding the establishment of the Republic of Slovenia's appropriate share in the division of the immovable and movable property of the SFRY located on the territory of the SFRY and in third countries, taking into account the share contributed by the Republic of Slovenia to the assets of the SFRY.

Article 11

On the basis of the agreement on the legal succession to the SFRY, the Republic of Slovenia will assume that share of the SFRY national debts which pertains to the Republic of Slovenia, as well as the share of the debts guaranteed by the SFRY whose beneficiaries are legal entities based in the territory of the Republic of Slovenia.

The Republic of Slovenia will assume the appropriate share of the SFRY national debts whose direct beneficiaries can not be established.

The Executive Council of the Assembly of the Republic of Slovenia is authorised to negotiate the assumption of the shares of the SFRY national debts referred to in the first and second paragraphs of this article.

Article 12

The national archives of the SFRY located in the territory of the Republic of Slovenia shall fall under the domain of the Republic of Slovenia. 

All national archives of the SFRY that pertain to the Republic of Slovenia shall fall under the domain of the Republic of Slovenia.

The Republic of Slovenia shall assume SFRY claims concerning the national archives that are located in third countries and originate in the territory of the Republic of Slovenia, as well as the national archives that are located in third countries and pertain to the Republic of Slovenia.

The Executive Council of the Assembly of the Republic of Slovenia is obliged to take all necessary measures to acquire the national archives referred to in the second and third paragraphs of this article, and to establish the equitable share of other SFRY national archives that fall under the domain of the Republic of Slovenia.

Article 13

Citizens of other republics who on the day of the plebiscite on the independence and sovereignty of the Republic of Slovenia, 23 December 1990, were registered as permanent residents of and actually live in the Republic of Slovenia shall have, except in the cases specified in Article 16 of this Act, equal rights and duties as the citizens of the Republic of Slovenia until they acquire citizenship of the Republic of Slovenia under Article 40 of the Citizenship of the Republic of Slovenia Act or until the expiry of the time limits determined in Article 81 of the Aliens Act.

Article 14

In accordance with the agreement referred to in Article 9 of this Act, the Republic of Slovenia guarantees military personnel, enlisted persons and civilians employed by the Yugoslav People's Army the status, social and other rights they acquired prior to the entry into force of this Act under federal regulations, in commands, units and institutions of the Yugoslav People's Army that, under Article 4 of the Constitutional Act Implementing Amendments XCVI and XCVII to the Constitution of the Republic of Slovenia regulating national defence, have been renamed as the commands, units and institutions of the Territorial Defence of the Republic of Slovenia if, in the period determined in the act on renaming, they continue their work as members of the Territorial Defence of the Republic of Slovenia.

The Republic of Slovenia also guarantees the rights referred to in the preceding paragraph to other military personnel, enlisted persons and civilians employed by the Yugoslav People's Army who continue to serve in the Territorial Defence of the Republic of Slovenia.

Article 15

The citizens of the Republic of Slovenia who on the day this Act enters into force are performing their military service in the Yugoslav People's Army are no longer obliged to perform their military service in the Yugoslav People's Army. Their discharge from the Yugoslav People's Army shall be regulated by the competent authorities of the Republic of Slovenia in agreement with the authorities of the SFRY.

The Republic of Slovenia shall offer legal protection to all citizens of the Republic of Slovenia who, in accordance with this Act, are no longer obliged to perform their military service.

Article 16

Natural persons who on the entry into force of this Act do not have citizenship of the Republic of Slovenia and legal entities who on the entry into force of this Act are based outside the Republic of Slovenia are, subject to actual reciprocity and pending the regulation of the rights of foreign persons concerning real estate, guaranteed ownership rights and other real rights to real estate to the same extent as on the entry into force of this Act.

Pending the regulation of the rights of foreign persons to real estate, the persons referred to in the preceding paragraph can not acquire ownership rights or other real rights to real estate in the territory of the Republic of Slovenia, except on the basis of inheritance and on condition of actual reciprocity.

Article 17

The Republic of Slovenia shall guarantee the delegates of the Republic of Slovenia to the Federal Chamber of the Assembly of the SFRY and the delegates of the Assembly of the Republic of Slovenia to the Chamber of Republics and Provinces of the Assembly of the SFRY who, in accordance with Article 2 of this Act, cease to hold office, rights arising from the regulations that apply to officials of the Republic of Slovenia or those that apply to officials of the hitherto SFRY, if such are more favourable for them.

The Republic of Slovenia shall guarantee persons who were elected to office or appointed to a position in the authorities of the hitherto SFRY on the proposal of the authorities of the Republic of Slovenia, rights arising from the regulations that apply to officials or employees of the state authorities of the Republic of Slovenia or the hitherto SFRY, if such are more favourable for them.

Article 18

The Republic of Slovenia shall guarantee the protection of the rights of veterans, war-disabled veterans, members of the families of combatants killed in action and beneficiaries of military pensions with permanent residence in the Republic of Slovenia as well as veterans, war-disabled veterans, members of the families of combatants killed in action in the Yugoslav national liberation war in the Friuli Venezia Giulia region in the Republic of Italy and in the state of Carinthia in the Republic of Austria, to the extent and under the conditions provided by SFRY regulations prior to the entry into force of this Act.

Article 19

The Bank of Slovenia shall assume the guarantee of dinar savings deposits and funds in citizens’ current accounts deposited in banks in the territory of the Republic of Slovenia which prior to the entry into force of this Act were guaranteed by the National Bank of Yugoslavia, as of the date of the entry into force of this Act.

The Bank of Slovenia shall assume the guarantee of dinar savings deposits and funds in the current accounts of citizens with permanent residence in the territory of the Republic of Slovenia deposited in the Postal Savings Bank which prior to the entry into force of this Act were guaranteed by the National Bank of Yugoslavia, as of the date of the entry into force of this Act.

The Republic of Slovenia shall assume the guarantee of foreign currency in foreign currency accounts and foreign currency savings accounts deposited in banks in the territory of the Republic of Slovenia which prior to the entry into force of this Act were guaranteed by the SFRY, as of the date of the entry into force of this Act.

Article 20

The provisions of the Criminal Code of the SFRY (Official Gazette of the SFRY, Nos. 44/76, 34/84, 74/87, 57/89, 3/90 and 38/90) whereby the SFRY, its legal order, its authorities, representatives or national symbols are subject to protection under criminal law or whereby such protection is otherwise determined with regard to the hitherto territory of the SFRY or the hitherto citizenship of the SFRY, shall apply in the Republic of Slovenia as provisions by which the Republic of Slovenia, its legal order, its authorities, representatives or national symbols are protected, or whereby protection under criminal law is restricted to the territory or citizenship of the Republic of Slovenia, insofar as these are not protected under the Criminal Code of the Republic of Slovenia (Official Gazette of the SRS, Nos. 12/77, 3/78, 19/84, 47/87, 33/89 in 5/90).

With regard to the application of the criminal law of the Republic of Slovenia for criminal offences committed outside the territory of the Republic of Slovenia, the provisions of Chapter XII of the SFRY Criminal Code shall apply provided that such application is restricted to the criminal law of the Republic of Slovenia and to the citizenship of the Republic of Slovenia and that criminal offences committed abroad are considered to be criminal offences committed outside the territory of the Republic of Slovenia.

Article 21

The Executive Council shall provide for the implementation of this Act and within the scope of its powers adopt acts and measures necessary for its implementation, and report thereon to the Assembly of the Republic of Slovenia at least every three months.

Article 22

Notwithstanding Article 74 of the Foreign Affairs Act, Article 39 of the Organisation and Competence of the Republic Administration Act and Article 18 of the Prices Act, these Acts shall enter into force on the day of the entry into force of this Act.

Article 22a ^[2]

The Republic of Slovenia, the Bank Rehabilitation Agency of the Republic of Slovenia and the banks named herein will regulate the obligations and implement the measures provided by this Constitutional Act.

Article 22b

Ljubljanska banka d.d., Ljubljana and Kreditna banka Maribor d.d., Maribor shall relinquish their operations and assets to the new banks established under the provisions of this Constitutional Act.

Notwithstanding the provision of the preceding paragraph, Ljubljanska banka d.d., Ljubljana and Kreditna banka Maribor d.d., Maribor shall retain:

- all potential liabilities arising from joint and several liability under the NFA ^[3] and other potential liabilities arising from their relations to the NBY ^[4] and the former SFRY for that part for which the debtors are located in other republics of the former SFRY;

- the appropriate share of potential claims arising therefrom;

- all liabilities for foreign currency in foreign currency deposit and savings accounts which the Republic of Slovenia has not assumed the guarantee of under Article 19 of the Constitutional Act;

- liabilities to the NBY and those liabilities to foreign creditors which were guaranteed by the former SFRY, the funds of which, however, were used by final beneficiaries from other republics of the former SFRY;

- pertinent claims arising therefrom.

Ljubljanska banka d.d., Ljubljana shall retain its relation to the existing branches and subsidiaries of Ljubljanska banka d.d. based in other republics in the territory of the former SFRY, provided that it also retains the appropriate share of claims against the NBY resulting from foreign currency savings deposits.

Article 22c

The competent court shall register ex officio:

- the Bank Rehabilitation Agency of the Republic of Slovenia as the owner and the management board of Ljubljanska banka d.d., Ljubljana, Trg republike 3, and Kreditna banka Maribor d.d., Ljubljana, Trg republike 3;

- the management of the remaining assets as the subject matter of their business activity.

Article 22č

Two new banks shall be established on the day this Constitutional Act enters into force.

The company names of the new banks shall be:

- Nova Ljubljanska banka d.d., Ljubljana, Trg republike 2;

- Nova Kreditna banka Maribor d.d., Maribor, Vita Kraigherja 4.

The founder of the new banks shall be the Bank Rehabilitation Agency of the Republic of Slovenia.

The subject matter of the business activity of the new banks shall be banking transactions as provided by Article 2 of the Banks and Savings Banks Act (Official Gazette of the Republic of Slovenia Nos. 1/91-I and 46/93).

The new banks shall have the status of banks under rehabilitation. They shall be administered by interim management boards appointed by decisions of the Bank Rehabilitation Agency of the Republic of Slovenia.

The management boards of the new banks must adopt the closing balance sheets of the banks referred to in Article 22b of this Constitutional Act as of the date of the entry into force of this Constitutional Act. The balance sheets shall disclose the banks’ liabilities to the NBY and liabilities to foreign creditors resulting from relations with entities from the former SFRY as well as their appropriate assets.

The management boards of the new banks must also produce the respective opening balance sheets as of the date of the entry into force of this Constitutional Act.

The closing and opening balance sheets referred to in the sixth and seventh paragraphs of this Article must be audited within 90 days at the latest from the entry into force of this Constitutional Act by an audit firm and approved by the Board of Directors of the Bank Rehabilitation Agency of the Republic of Slovenia.

Upon the date of their establishment, the new banks shall become owners of all funds in the accounts abroad.

Payments in transit on the day this Constitutional Act enters into force shall be taken into account in the assets of the balance sheets of the new banks.  

The new banks shall begin operating on the day following their establishment.  

The Bank Rehabilitation Agency of the Republic of Slovenia shall remain the owner of the banks referred to in Article 22b of this Constitutional Act and become the owner of the new banks as of the date of the entry into force of this Constitutional Act.

On the day this Constitutional Act enters into force, the Bank Rehabilitation Agency of the Republic of Slovenia shall be returned the bonds issued to banks under rehabilitation in exchange for claims which under the provisions of this Constitutional Act shall not be transferred to the new banks. The Bank Rehabilitation Agency of the Republic of Slovenia shall transfer such bonds to the new banks as paid-in capital.

The competent court shall ex officio enter the new banks into the court register as of and on the date of the entry into force of this Constitutional Act.

Upon the completion of rehabilitation, the banks referred to in this article shall continue operating pursuant to banking regulations.

Article 22d

The new banks shall assume all other assets, including the remaining claims and liabilities of banks referred to in Article 22b of this Constitutional Act.

The new banks from the preceding paragraph shall also assume:

- the share of claims against the NBY resulting from foreign currency savings deposits paid out to depositors in the Republic of Slovenia;

- the share of contingent liabilities to foreign creditors under the NFA for final beneficiaries based in the Republic of Slovenia, which shall become a direct liability of the new banks in accordance with the agreement made with foreign commercial banks.

Article 22e

The share of the debt referred to in the second paragraph of Article 11 of the Constitutional Act will be assumed by the Republic of Slovenia in accordance with the provisions of the new agreement with foreign commercial banks and new bilateral agreements with the members of the Paris Club once they have been concluded and ratified by the National Assembly of the Republic of Slovenia.

Article 22f

The Republic of Slovenia and the new banks shall not recognise debt owed to foreign creditors that are subject to sanctions by the United Nations in accordance with UN Security Council Resolutions 757/1992 and 820/1993.

Even in the event of the lifting of the UN sanctions referred to in the preceding paragraph or until the conclusion and ratification of the complete or partial agreement on legal succession to the former SFRY or an agreement with foreign creditors, the submission of claims and legal or other instituted proceedings aimed at the seizure of the banks’ assets shall not have legal consequences and will not be recognised by the courts of the Republic of Slovenia.

Article 22g

Mutual legal relations between banks based in the Republic of Slovenia arising from the NFA shall be transferred to the new banks in their entirety.

Legal relations with depositors which the Bank of Slovenia or the Republic of Slovenia have assumed the guarantee of in accordance with Article 19 of the Constitutional Act, as well as legal relations with other entities resulting from the business transferred to the new banks, shall remain unchanged.

The new banks shall guarantee their depositors and other clients continuous and uninterrupted operations.

Article 22h

The creditors of the banks referred to in Article 22b of this Constitutional Act and the receiver may not challenge legal acts pursuant to Articles 125 through 130 of the Compulsory Composition, Bankruptcy and Liquidation Act (Official Gazette of the Republic of Slovenia, No. 67/93).

Notwithstanding the provisions of Article 30 of the Preliminary Rehabilitation, Rehabilitation, Bankruptcy and Liquidation of Banks and Savings Banks Act (Official Gazette of the Republic of Slovenia, Nos. 1/91-I and 46/93), in bankruptcy proceedings for banks referred to in Article 22b of this Constitutional Act the following priority sequence shall apply:

1. claims arising from bank deposits which the Republic of Slovenia, the Bank of Slovenia or the Bank and Savings Deposits Insurance Agency have assumed the guarantee of;

2. claims of the Republic of Slovenia, its agencies, bodies and organisations as well as of the Bank of Slovenia;

3. claims of creditors other than the bank owners;

4. claims of the bank owners.

The provisions of Articles 347 through 358 of the Companies Act (Official Gazette of the Republic of Slovenia, Nos. 10/93 and 29/94) shall not apply to the reduction of the share capital of the banks referred to in Article 22b of this Constitutional Act.

The provisions of Article 9 of the Banks and Savings Banks Act (Official Gazette of the Republic of Slovenia, Nos. 1/91-I and 46/93) shall not apply to the new banks.

The form required under the first paragraph of Article 184 of the Companies Act shall not apply to the statutes of the new banks.

Article 23

This Act shall enter into force upon its promulgation.

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