Legislation   Legislative procedure
Legislative procedure

 

Legislative initiative: proposers of the law and the order of draft laws

Laws may be proposed by: 

  • the Government, 
  • any deputy, 
  • the National Council, 
  • at least five thousand voters. 

The proposers of the law forward a draft law to the President of the National
Assembly. 
An individual draft law may be tabled by a number of parties, or more parties may declare themselves signatories to the draft law (co-sponsors). Co-sponsorship of the draft law is only possible until the draft law is being forwarded to the President of the National Assembly. After it has been forwarded, it is no longer possible to declare one's co-sponsorship of the draft law.
    

The right stipulating that a law may be proposed by at least five thousand voters is defined by Article 88 of the Constitution of the Republic of Slovenia. 

Several draft laws regulating the same social relation may be tabled. In such case, the National Assembly discusses the draft laws in the order in which they were tabled. The National Assembly first discusses the draft law that was sent first and then follows the order in which they were sent. The National Assembly may start with such action if it has not yet begun to discuss the draft law upon request of at least ten deputies, or if the working body responsible has not yet begun with the second reading of the draft law. 
An exception to the principle of order in which the draft laws were forwarded applies if one of the draft laws was tabled by the Government but was not the first to be forwarded. In such case, the National Assembly discusses it second, irrespective of the order in which the draft laws were forwarded.

If the Government tabled a draft law by urgent procedure, the working body responsible may decide to discuss all tabled draft laws regulating the same social relation at the same session under the same agenda item pursuant to the Rules of Procedure on urgent procedure for the adoption of a law. In such case, the working body responsible may, on the basis of all draft laws, prepare a "composed draft law", consisting of individual solutions from all draft laws. 
 

Draft law: obligatory elements of a law

The Rules of Procedure stipulate that a draft law must contain the following: the title, the introduction, the text of the articles, and a statement of reasons. 

The introduction of a draft law must include: 

  • an evaluation of the state of affairs and reasons for adopting the law,
  • the goals, principles, and main solutions of the draft law,
  • an estimation of the financial implications of the draft law regarding the state budget and other public finance resources,
  • a statement that the resources for the implementation of the law are provided in the state budget if the draft law envisages the use of budgetary resources in a period for which the state budget has already been adopted,
  • a presentation of the regulation of such matter in other legal systems and of the harmonisation of the proposed regulation with the law of the European Union; such presentation must include a presentation of the regulation of such matter in the legal systems of at least three European Union Member States,
  • other consequences the adoption of the law might have.

The text of individual articles of a draft law: 

  • must use feminine and masculine forms in those first articles or chapters of the draft law which define the primary subjects of the draft law, together with an explanation that thereinafter the masculine form would be used (this is not necessary where amendments to a law are proposed),
  • must, in the case of proposed amendments to a law, or amendments to an existing law, also be accompanied by the text of those provisions of the law to which amendments are proposed. 
  • The statement of reasons must include the following: 
  • the explanation of the contents and purpose of individual articles of the draft law given by the proposer of the draft law, 
  • the consequences and interrelations of the solutions contained therein.

If a draft law does not contain the required information, the President of the National Assembly calls upon the proposer to supplement the draft law. If the proposer fails to supplement the draft law within 15 days from being called upon to do so by the President of the National Assembly, it is deemed that the draft law has not been tabled.

The proposer may withdraw the tabled draft law or replace the draft law with a new one – however only until the convening of the session of the National Assembly at which the general debate begins, or until the calling of the meeting of the working body responsible at which the second reading of the draft law begins.
If the proposer withdraws the draft law by the said time limit, the legislative procedure is terminated.
If the proposer replaces the draft law with a new one, the legislative procedure regarding the new draft law begins when the President of the National Assembly forwards such draft law to the deputies.

 

Legislative procedure infographic

 

Before tabling a draft law, the proposer of the law may propose that a preliminary reading be held within the working body responsible regarding the basic issues and social relations that need to be regulated by such law.
The draft law is decided on by the Council of the President of the National Assembly. The preliminary reading is only held within the working body determined by the President of the National Assembly, and not at the session of the National Assembly.
The preliminary reading is held on the basis of a presentation of the state of affairs in the field that is to be regulated by the law, and of the outline of the normative regulation (text in the form of articles) which may include several possible solutions. 
Following the preliminary reading, the working body adopts an opinion which it sends to the proposer. If a preliminary reading was held, the proposer explains, in the introduction to the draft law, how the opinion of the working body was taken into consideration.

The proposer also participates in the preliminary reading within the working body. The representatives of the Government may participate in the preliminary reading when the Government is not itself the proposer of the law. The working body may request that also the Legislative and Legal Service delivers its opinion.
 

In the regular legislative procedure: 

  • the first reading is intended for the presentation of the draft law (when the draft law is forwarded to the deputies or at special request of at least ten deputies during the general debate at the session of the National Assembly), 
  • the second reading of the draft law involves the debate and voting on individual articles or parts of the draft law within the working body responsible or at a session of the National Assembly; it also includes modifications of and supplements to the draft law (i.e. amendments), 
  • the third reading involves the debate and voting on the draft law in its entirety; it is held at the session of the National Assembly. 

 

 

The legislative procedure begins when the President of the National Assembly forwards the draft law to the deputies. This is done immediately after the law has been tabled. The President of the National Assembly sends the draft law also to the Government when it is not itself the proposer of the law, and to the President of the National Council. 

As a general rule, the first reading of a draft law takes place when the draft law is forwarded to the deputies – without being discussed at a session of the National Assembly.  

The reading is held at the session of the National Assembly (and not in the working bodies) if, within 15 days of the draft law being forwarded to the deputies, at least ten deputies request that a general debate on the draft law be held. 

At such reading, the National Assembly discusses the reasons that require the adoption of the law and the principles, goals, and basic solutions of the draft law. After the debate, the National Assembly decides on whether the draft law is appropriate for further reading. If it decides that the draft law is appropriate for further reading, the legislative procedure continues. If such decision is not adopted, the legislative procedure is terminated.

After the expiry of the 15-day time limit for filing a request for general debate, or immediately after the conclusion of the general debate by the National Assembly and the adoption of the decision that the draft law is appropriate for further reading, the President of the National Assembly determines the working body responsible and refers the draft law to it for discussion.
  

A working body responsible is a working body that discusses issues which pertain to its scope of work and are submitted to the National Assembly for discussion. Other working bodies may consider individual issues as the working bodies concerned, forwarding their opinions to the working body responsible. If the working body responsible does not adopt the opinion of the working body concerned, the rapporteur of the working body concerned may present such opinion at a session of the National Assembly.

Second reading of a draft law: modifications and supplements to individual parts of the draft law

The second reading of a draft law is first held within the working body responsible and then, pursuant to the report of the working body responsible, at a session of the National Assembly.

In the second reading, individual articles or parts of the draft law are debated and voted on. It involves a thorough and precise discussion on individual articles or parts of the draft law (this applies in particular to the debate within the working body responsible), while the text of the draft law may be modified, supplemented or deleted. This is done by amendments.  

The working body responsible may decide that a draft law is not appropriate for further reading. Such decision may only be adopted if no general debate was held on the draft law.

Amendments to a draft law may be tabled by:

  • deputies,
  • a deputy group,
  • a working body concerned,
  • the Committee on Finance and Monetary Policy (if it involves financial implications for the state budget and other public finance resources),
  • the Commission for the National Communities (if it concerns the rights and position of the national communities),
  • the Government where it is not itself the proposer of the law,
  • the working body responsible.

In case of second reading at a regular session, amendments may be tabled no later than five days prior to the meeting of the working body responsible.  In the event of an urgent meeting or if a draft law that was not included in the time schedule is placed on the agenda of the meeting, amendments may be tabled until the beginning of the reading of the draft law. 


The following may be proposed in the form of amendments:

  • modifications or supplements to an individual article,
  • modifications or supplements to the title of a law,
  • new articles containing solutions which derive from the goals and principles of the draft law, or the deletion of an individual article. 

In the case of draft law amending a law, only amendments to the articles of the amendments proposed in the draft law may be tabled. Such restriction does not apply to amendments tabled to transitional and final provisions of the draft law. 

Amendments are tabled in writing, in normative form (in the form of an article), together with a statement of reasons for the amendment. They need to be accompanied by a statement of reason for the amendment, the implications for the state budget and other public finance resources, as well as other consequences caused by the adoption of the amendment. 

Opinions on individual amendments may be delivered by: 

  • the proposer of the law, 
  • the working body concerned, 
  • the Committee in Finance and Monetary Policy, if the amendment involves financial implications for the state budget and other public finance resources, 
  • the Commission for the National Communities, if the amendment concerns the rights and position of the national communities, 
  • the Government where it is not itself the proposer of the law.

The proposer of the amendment may modify, supplement, or withdraw the amendment. This may be done until the end of the debate on the amendments to the article to which the amendment was proposed. The proposer of a law or every qualified proposer of an amendment may also table draft modifications and supplements to the amendment (amendments to amendments).  

The working body responsible discusses amendments, opinions and amendments to amendments, and votes thereon. After the conclusion of the discussion, the working body responsible prepares a report. This report serves as a basis for the second reading of the draft law at the session of the National Assembly. It is forwarded to the President of the National Assembly and published in the gazette of the National Assembly. 

The report contains the essential content of the discussion, proposals made during discussion, decisions proposed for adoption by the National Assembly, and any separate opinions. If the amendments were adopted, the report also includes the supplemented draft law. 

If amendments were adopted within the working body responsible, a supplemented draft law is drawn up. Amendments that have been adopted in the second reading are incorporated in the text of the draft law. Such supplemented draft law is a composing part of the report and is published together with the report in the gazette of the National Assembly. 

The report of the working body responsible is the basis for discussion of the draft law at the session of the National Assembly. In the second reading, deputies debate the individual articles to which amendments have been tabled and vote on individual amendments.

If following the second reading the working body responsible adopts a decision that the draft law is not appropriate for further reading, the National Assembly votes on such proposal, but does not debate the draft law. 
If the proposal of the working body responsible is adopted, the legislative procedure is terminated. If such proposal is not adopted, the President of the National Assembly immediately sends the draft law to the working body responsible for reconsideration.

Amendments may also be proposed in the second reading at the session of the National Assembly, but only to those articles to which amendments have already been adopted in the discussion within the working body responsible ("open articles"). In the case of discussion of a draft law amending a law, only amendments to the articles of the amendments proposed in the draft law may be tabled. In the reading held at the session of the National Assembly, amendments may also be proposed by: 

  • deputy groups,
  • ten deputies,
  • the proposer,
  • the Government where it is not itself the proposer of the law.                   

    
Modifications of or supplements to an individual article or title of a law, new articles containing solutions which derive from the goals and principles of the draft law, as well as the deletion of an individual article may be proposed by amendments. Amendments need to be tabled in writing, in normative form, together with a statement of reason for the amendment. 


In the second reading at the session of the National Assembly, amendments may be tabled no later than five days prior to the regular session of the National Assembly at which the draft law is to be discussed, or no later than by noon of the day prior to the beginning of the session, if the draft law that has not been included in the time schedule is placed on the agenda of the session of the National Assembly.  

An opinion on individual amendments, tabled during discussion at the session of the National Assembly, may be delivered by:

  • the working body responsible, 
  • the Committee on Finance and Monetary Policy, if the amendment involves financial implications for the state budget and other public finance resources, 
  • the Commission for the National Communities, if the amendment concerns the rights and position of the national communities, 
  • the Government where it is not itself the proposer of the law,
  • the proposer of the draft law.

Further discussion depends on the number of the adopted amendments to the draft law. 
If no amendment to the supplemented draft law adopted by the working body responsible is adopted, the National Assembly proceeds to a vote on the law at the same session. 

If amendments are adopted to a less than a tenth of the articles of the supplemented draft law, the National Assembly may decide on the proposal of the proposer to hold the third reading of the draft law at the same session. The third reading is held no less than 24 hours after the receipt of an overview of all adopted amendments and articles to which such amendments have been adopted.

If amendments to more than a tenth of the articles of the supplemented draft law have been adopted, the text of the draft law is subject to legal editing and prepared for the third reading which is held, as a general rule, at the next session of the National Assembly.

If the law is proposed by the Government, the National Assembly may decide that the Government prepare the text of the law for the third reading. If the Legislative and Legal Service of the National Assembly or the Government establish that individual provisions of the draft law are not in conformity with the legal system or are mutually inconsistent, they may propose possible solutions already at this stage. 

     
 

The third reading of the draft law is held only at the session of the National Assembly, and not within the working body responsible. In the third reading the National Assembly debates and votes on the draft law in its entirety. A discussion of individual articles is only held on those articles to which amendments have been tabled.
At this stage amendments may only be tabled to those articles to which amendments have been adopted in the second reading at a session of the National Assembly.

The circle of persons and entities that may table the amendments is narrower than in the second reading. Amendments may be tabled in writing, in normative form, together with a statement of reason, by:

  • the proposer, 
  • the Government where it is not itself the proposer of the law, 
  • the deputy group.

If with the adoption of amendments individual provisions of the draft law are mutually inconsistent or inconsistent with other laws, a harmonising amendment needs to be prepared. Possible inconsistencies may be established by the Legislative and Legal Service of the National Assembly or the Government, which bring such fact to the attention of the chairperson. The harmonising amendment may be prepared by the proposer, the Government, or the working body responsible. The National Assembly then debates and votes on the harmonising amendment.

After the debate on the draft law or after the adoption of the harmonising amendment, the National Assembly votes on the draft law.
If the law concerns the constitutionally provided rights and the position of the two national communities, the consent of the deputies of the national communities is needed for its adoption (it is deemed that the consent is given if the two deputies of the national communities vote for the law).

Following the adoption of the law, the Legislative and Legal Service prepares the final text of the law (the original text of the law).
The adopted law is promulgated by the President of the Republic no later than eight days after its adoption. 
The adopted law is published in the Official Gazette of the Republic of Slovenia. It enters into force on the fifteenth day after its publication unless otherwise determined in the law itself.
 

Shortened and urgent procedure: only under clearly defined conditions

The discussion of draft laws by shortened procedure is only possible in the event of: 

  • minor amendments to a law,
  • the cessation of the validity of an individual law or individual provisions thereof,
  • less demanding harmonisation of the law with other laws or with the EU law,
  • amendments to laws related to proceedings before or decisions of the Constitutional Court.

A shortened procedure may only be proposed by the proposer of the law, while the Council of the President of the National Assembly decides on its application. 

The discussion of draft laws by urgent procedure is only possible in the event of: 

  • the interests of the security or defence of the state,
  • elimination of the consequences of natural disasters, 
  • prevention of the consequences regarding the functioning of the state that would be difficult to remedy.

The urgent procedure may only be proposed by the Government, providing specifically grounded reasons for such. The Council of the President of the National Assembly then decides on the institution of the urgent procedure.  

If the Council decides that a draft law be discussed by the shortened or the urgent procedure, the President of the National Assembly immediately determines the working body responsible and refers the draft law to it for discussion. A draft law discussed by the urgent procedure is placed on the agenda of the first session of the National Assembly following the decision taken by the Council.
In the shortened and urgent procedure for the adoption of a law no general debate is held, and the second and third reading are held at the same session. 
In the shortened procedure, the provisions of the Rules of Procedure of the National Assembly for the regular legislative procedure apply mutatis mutandis. However, the time limits specified in the regular legislative procedure do not apply (they are shorter).
 

Reconsideration of a law: veto by the National Council

The National Council may, within seven days of the passing of a law and prior to its promulgation, require the National Assembly to decide again on such law. 
The decision of the National Council is binding: The National Assembly needs to reconsider such law. This is done at the next session.  
In deciding again, a different majority than the one needed for the adoption of the law is required. Such new decision by the National Assembly is final.
 

Ratifying treaties: by law only   

Treaties, the ratification of which falls under the competence of the National Assembly, are ratified by the National Assembly with a law. The law on ratification may only be proposed by the Government.  
The ratification is proposed by the body that led the negotiations for the conclusion of the treaty, while the ratification procedure is initiated by the Ministry of Foreign Affairs of the Republic of Slovenia.  An essential part of the act on ratification is the text of the treaty in Slovene and foreign language. 

The procedure of ratification of a treaty is regulated by the Foreign Affairs Act and the provisions of the Rules of Procedure of the National Assembly. 

The ratification performed by the National Assembly is subject to the provisions of the Rules of Procedure that apply to the urgent procedure. Amendments may only be tabled to the articles of the act on ratification, and not to the text of the treaty which is a composite part of the act. 
The draft act on ratification is first discussed within the committee responsible for foreign policy. On the basis of the report issued by this committee, the National Assembly debates and votes on the act.
A similar procedure also applies to the discussion and adoption of the act on notification of succession to the treaty.


 

Following each change or amendment to a law, the Legislative and Legal Service of the National Assembly prepares an unofficial consolidated version of the law. The text is then published online on the National Assembly’s webpages.

If the National Assembly, on the proposal of the working body responsible, the Government, or the deputy group, adopts the necessary decision, the Legislative and Legal service prepares an official consolidated version of the law. The National Assembly then confirms it without a discussion and the text is published in the Official Gazette of the Republic of Slovenia and on the National Assembly webpages.

The National Assembly is the holder of legislative power in the Republic of Slovenia and is therefore the sole body in the country which can adopt laws.
Laws are adopted in the legislative procedure which consists of multiple stages - from discussing a draft law to tabling amendments (modifications and supplements), voting on the law, promulgating the law, or otherwise concluding the legislative procedure.   
The National Assembly adopts laws which re-regulate individual areas of the society, while it may, by adopting an amendment to an existing law, amend or supplement a legal regulation of the already regulated social relations. 
The legislative procedure is governed by the Constitution of the Republic of Slovenia and the Rules of Procedure of the National Assembly.