National Assembly Act

NATIONAL ASSEMBLY ACT

(ZDZ)

I. GENERAL PROVISIONS

Article 1

This Act lays down the organisation and conditions of work of the National Assembly of the Republic of Slovenia (hereinafter: the National Assembly).

Article 2

(1) The National Assembly shall perform legislative, electoral, and supervisory functions in accordance with the Constitution of the Republic of Slovenia (hereinafter: the Constitution) and the law, in the manner determined by the Rules of Procedure of the National Assembly (hereinafter: the Rules of Procedure).

(2) Within the scope of its competences, the National Assembly shall be independent and autonomous in determining its organisation, manner of work and operation, the work of its services, and the funds used for its work.

Article 3

The seat of the National Assembly shall be in Ljubljana.

Article 4

In its work, the National Assembly shall pursue the principle of openness. The work of the National Assembly shall be open to the public. The openness of its work shall be provided in the manner laid down by the Rules of Procedure.

Article 5

(1) The funds for the work of the National Assembly shall be determined by the National Assembly and shall be an integral part of the budget of the Republic of Slovenia. The amount of such funds shall be determined in such a manner that enables the exercise of the competences and the functioning of the National Assembly.

(2) The National Assembly shall decide on the use of the funds referred to in the preceding paragraph independently.

(3) In determining and using the funds referred to in paragraph one of this Article, the National Assembly shall take into account the principles of public finance set out in the regulations governing public finance.

(4) Supervision over the use of funds shall be exercised by the Court of Audit of the Republic of Slovenia.

II. THE DEPUTIES, PRESIDENT, AND VICE-PRESIDENTS OF THE NATIONAL ASSEMBLY

Article 6

The National Assembly shall be composed of deputies elected pursuant to the Act governing elections to the National Assembly. Their status, rights, and obligations, the material conditions for their work, and the manner of providing technical assistance shall be determined by the Act governing the status of deputies.

Article 7

The President of the National Assembly (hereinafter: the President) shall represent the National Assembly, direct the work of the National Assembly, and perform other tasks in accordance with the Constitution, the law, and the Rules of Procedure. The President shall be elected by the deputies from among their own ranks in the manner provided by the Constitution and the Rules of Procedure.

Article 8

The National Assembly shall have up to three Vice-Presidents who assist the President in their work and substitute for them if they are absent or otherwise engaged. The Vice-Presidents shall be elected by the deputies from among their own ranks in the manner provided by the Rules of Procedure.

Article 9

(1) The Council of the President of the National Assembly (hereinafter: the Council of the President), consisting of the President and Vice-Presidents, the leaders of the deputy groups, and the deputies representing the national communities, shall be the consultative body of the President which, in the cases provided by the Rules of Procedure and this Act, shall also be competent to make decisions.

(2) On the proposal of the Secretary General, the Council of the President shall adopt the financial plan of the National Assembly.

III. SECRETARY GENERAL

Article 10

(1) The Secretary General of the National Assembly (hereinafter: the Secretary General) shall be an official appointed by the National Assembly for the duration of its term in the manner provided by the Rules of Procedure.

(2) The Secretary General shall be the head of the public employees of the National Assembly.

(3) The Secretary General shall organise and coordinate the work of the services of the National Assembly, provide for the development of the organisation and work, and perform other work and tasks determined by the law, the Rules of Procedure, and other regulations.

(4) The Secretary General shall determine the internal organisation of the services, their scope of work, and the job classification whereby they shall determine the positions, the titles, the salary grade of a position or title without promotion, the highest salary grade of a position or title that can be achieved through promotion, the description of the typical tasks in individual positions, and the minimum conditions for assuming a position. The Council of the President shall approve the job classification. Approval shall not be necessary for changes in the job classification due to harmonisation with legislation and for changes that involve less than 15% of the positions in an individual calendar year or that do not require an increase in the necessary funds, regardless of the number of positions.

(5) The Secretary General may propose for adoption to the competent working body a legal act that regulates in more detail the material and other conditions for the work of the deputies; when the Secretary General is not the proposer of such legal act, they may provide an opinion thereon.

(6) The provisions of the Act governing the status of deputies shall apply mutatis mutandis to the rights of the Secretary General to the reimbursement of expenses, compensation, allowances and benefits, annual holiday, holiday pay, pension and disability insurance, health insurance, and rights after their office has terminated.

IV. DEPUTY SECRETARIES GENERAL AND NATIONAL ASSEMBLY SERVICES

Article 11

(1) The Secretary General shall be assisted by two Deputy Secretaries General.

(2) The Deputy Secretary General shall head the Secretariat, coordinate the work of the organisational units of the Secretariat, and substitute for the Secretary General in their absence in line with the powers of the Secretary General.

(3) The Deputy Secretary General – Director shall head the Directorate, coordinate the work of the organisational units of the Directorate, and substitute for the Secretary General in their absence in line with the powers of the Secretary General.

Article 12

(1) The National Assembly services shall comprise the Secretariat, the Directorate, and other National Assembly services performing the tasks necessary to ensure the conditions for the work of the National Assembly.

(2) The Secretariat shall perform professional and administrative tasks related to the conduct of the sessions of the National Assembly and the meetings of its working bodies, to international activities and protocol, and to other activities of the National Assembly.

(3) The Directorate shall perform professional and technical tasks related to the work of the National Assembly.

V. THE LEGISLATIVE AND LEGAL SERVICE

Article 13

(1) The Legislative and Legal Service shall provide opinions on the conformity of draft Acts, other legal acts, and amendments with the Constitution and the legal system, and on legislative and technical aspects of drafts. The Head of the Legislative and Legal Service shall be appointed by the competent working body in the manner provided by the Rules of Procedure.

(2) The Legislative and Legal Service shall be a professionally autonomous and independent service of the National Assembly. The special position and tasks of the Service shall be determined by the Rules of Procedure.

VI. DEPUTY GROUP SERVICES

Article 14

(1) The conditions for the work of deputy groups shall be provided in each term of the National Assembly in accordance with the Act governing the status of deputies.

(2) Deputy group services shall be established to provide professional and administrative assistance to deputies.

(3) A deputy group shall be entitled to funds for additional professional and administrative assistance for each deputy. The amount of funds shall be determined by the National Assembly by an ordinance. The funds that the deputy group has not used in the previous year may be used in the current year by transferring the unused funds to the budget of the National Assembly for the current year. The amount of funds in the financial plan of the National Assembly intended for additional professional and administrative assistance shall be increased by the amount of the transferred funds.

(4) Contracts on employment in deputy group services and on other methods of using the funds referred to in the preceding paragraph shall be concluded by the Secretary General on the proposal of the leader of the deputy group concerned.

(5) Positions providing the additional professional and administrative assistance referred to in paragraph three of this Article shall not be included in the job classification and shall not be planned in the staffing plan. The basic salary of public employees in such positions shall be determined upon classification in the salary grade proposed by the leader of the deputy group, with due consideration of the complexity of the work and regardless of the provisions of the Act governing the public sector salary system in the part regulating the determination of basic salaries and promotion.

Article 15

(1) Employment in a deputy group service shall be conditional on the personal trust of the deputies.

(2) An employment contract in a deputy group service shall be concluded for a fixed period of time, but for no longer than for the duration of the term of the National Assembly.

(3) The employment relationship referred to in the preceding paragraph may be concluded without an open competition or the publication of a vacancy.

(4) A public employee employed in the National Assembly services may, upon the public employee's consent, be transferred to a deputy group service.

Article 16

(1) Pursuant to an employment contract referred to in paragraph two of the preceding Article, the public employee shall be entitled to a bonus amounting to 12% of the basic salary of public employees, regardless of the salary grade of the public employee.

(2) The provisions of the Act governing the public sector salary system in the part stipulating that in the circumstances provided by a special Act the basic salary of a public employee working under a fixed-term employment contract may be increased by a specified number of salary grades, whereby the basis for the increase shall be the salary grade of the corresponding position or title, shall not apply to the employment relationships referred to in paragraph two of the preceding Article.

Article 17

When in a new term of the National Assembly a public employee and the National Assembly again conclude an employment contract referred to in paragraph two of Article 15 of this Act, the provisions of the Act governing employment relationships that concern restrictions on concluding several successive fixed-term employment contracts for the same work in the same position shall not apply.

Article 18

(1) Employment in a deputy group service shall terminate with the cessation of the deputy group or with the expiry of the period for which the employment contract was concluded.

(2) Notwithstanding the provision of the preceding paragraph, employment in a deputy group service may be terminated:

  • if, following a reduction in the number of members of the deputy group, the amount allocated for professional assistance to deputies decreases,
  • if all the funds referred to in paragraph three of Article 14 of this Act are used,
  • for other reasons determined by the Act governing employment relationships and the Act governing the status of public employees.

(3) The decision on the termination of employment on the basis of indents one or two of the preceding paragraph shall be issued by the Secretary General on the proposal of the leader of the deputy group.

Article 19

(1) A public employee whose employment contract has terminated pursuant to paragraph one or indents one or two of paragraph two of the preceding Article shall be entitled to severance pay amounting to one twelfth of the assessment basis for each month of the duration of the employment contract.

(2) The basis for calculating severance pay shall be the basic salary for the position of the public employee.

(3) Notwithstanding the provision of paragraph one of this Article, a public employee shall not be entitled to severance pay if they and the National Assembly conclude an indefinite duration employment contract before the termination of the contract referred to in paragraph one of the preceding Article. An indefinite duration employment contract shall be concluded in the manner prescribed by law. This provision shall also apply to the public employees referred to in paragraph four of Article 15 of this Act if, after the termination of the employment contract in the deputy group, they are transferred to another position in the National Assembly in accordance with the law.

(4) Except in the case of the termination of employment on the basis of indent three of paragraph two of the preceding Article, the provisions of the Act governing employment relationships and the Act governing the status of public employees concerning the right to severance pay upon the termination of a fixed-term employment relationship shall not apply to the employment relationships referred to in paragraph two of Article 15 of this Act.

VII. THE OFFICE OF THE PRESIDENT

Article 20

The provisions of this Act governing the employment relationships of public employees in deputy group services shall apply mutatis mutandis to positions in the Office of the President that are conditional on the President’s personal trust.

VIII. PROCESSING OF PERSONAL DATA

Article 21

(1) Within the limits and scope of its legislative function, the National Assembly may collect and process personal data on participants in the legislative procedure and in other procedures within its competence.

(2) When a legal act of the National Assembly is being discussed, the personal name of the persons referred to in the preceding paragraph may be published on the website of the National Assembly.

(3) The National Assembly shall also collect data on persons who have the status of initiator or proposer in accordance with the Constitution or law and on submitters of petitions and other initiatives of general interest.

Article 22

(1) Within the limits and scope of its electoral function, the National Assembly shall collect and process personal data on proposers and candidates in election and appointment procedures within the competence of the National Assembly.

(2) In election and appointment procedures, the following personal data on the proposer shall be collected: full name, address, and signature, and personal data on the candidates: full name, contact details, signature, and other data on fulfilling the conditions for holding a public office or position provided by law.

(3) The list of the full names of candidates referred to in the preceding paragraph may be published on the website of the National Assembly.

Article 23

(1) State bodies, bodies of self-governing local communities, bearers of public authority, public agencies, public funds, public institutes, and other persons under public law (hereinafter: public sector entities) shall provide to the National Assembly at its request and free of charge personal and other data and notifications or explanations necessary for the performance of tasks within the competences of the National Assembly.

(2) Within the limits and scope of its supervisory function, the National Assembly shall collect and process the personal data referred to in the preceding paragraph.

Article 24

(1) In order to perform its functions, the National Assembly shall collect and process personal data communicated to it by persons themselves or provided by public sector entities.

(2) In order ensure its security and uninterrupted work, the National Assembly shall also process the personal data of individuals to the extent strictly necessary for the performance of other tasks or activities performed in the public interest.

IX. BUSINESS HOURS, WORKING TIME, REST PERIODS, AND STRIKES

Article 25

(1) The business hours of the National Assembly services shall be determined by the Secretary General.

(2) Materials and mail shall be accepted on working days between 8:00 and 16:00.

(3) If the last day of the statutory time limit for submitting an application expires on a work-free day (Saturday, Sunday, or public holiday), its acceptance on that day shall be ensured during the business hours referred to in the preceding paragraph.

Article 26

(1) The working hours of public employees employed in the National Assembly services shall be determined by the Secretary General in accordance with the Act governing employment relationships.

(2) Work outside the working hours referred to in the preceding paragraph may be ordered for performing tasks necessary for the undisturbed or uninterrupted work of the National Assembly that cannot be delayed.

Article 27

(1) In accordance with the Act governing employment relationships, public employees shall be ensured a rest period between two successive working days (a daily rest period) and a weekly rest period.

(2) In the cases referred to in paragraph two of the preceding Article, the following minimum rest periods shall be ensured:

  • a daily rest period of average duration over a period of three days,
  • a weekly rest period of average duration over a period of three weeks.

Article 28

The time limitation regarding daily, weekly, and monthly work exceeding full working time shall be deemed an average limitation over a period of six months.

Article 29

(1) In the event of a strike, the public employees of the National Assembly shall be obliged to ensure the performance of tasks that cannot be postponed:

  • due to the adoption of a law by the urgent procedure,
  • due to a decision to be taken within a time limit laid down in the Constitution, the law, the Rules of Procedure, or the treaties on which the European Union is founded,
  • in matters relating to the confirmation of a deputy’s election and immunity,
  • in matters of elections, appointments, and dismissals, and
  • due to the adoption of the decisions referred to in Article 92 of the Constitution.

(2) The manner of performing the tasks referred to in the preceding paragraph shall be determined by the Secretary General.

X. PROTECTION OF THE NATIONAL ASSEMBLY AND SEARCHES OF THE PREMISES OF THE NATIONAL ASSEMBLY

Article 30

The Police shall ensure protection of the National Assembly in accordance with the rules of the police profession and in the manner determined by the Council of the President of the National Assembly, and shall report to the President on the implementation of their tasks and security measures.

Article 31

(1) Prior to conducting a search of the premises of the National Assembly or a search of electronic and related devices and electronic data carriers on the premises of the National Assembly, the President shall be informed that a court has ordered the search.

(2) During a search, a representative of the National Assembly may be present, while during the search of the premises of a deputy group, commission of inquiry, or working body responsible for supervising intelligence and security services, a representative of the deputy group or working body whose premises are being searched may also be present.

XI. THE INTERNATIONAL COOPERATION OF THE NATIONAL ASSEMBLY

Article 32

(1) The National Assembly shall cooperate with representative bodies of other states, with international parliamentary institutions, and with international organisations and international bodies.

(2) The manner in which international activities are conducted shall be determined by the Council of the President of the National Assembly.

XII. THE WORK OF THE NATIONAL ASSEMBLY DURING A STATE OF WAR OR EMERGENCY

Article 33

(1) The National Assembly shall declare a state of war or emergency in the country and declare such over, and adopt and cancel emergency measures on the proposal of the Government.

(2) When the President establishes that the National Assembly, for reasons that prevent the convening or holding of sessions, is unable to convene, they shall immediately inform the Government and the President of the Republic thereof.

(3) When the reasons referred to in the preceding paragraph cease, the President shall immediately inform the Government and the President of the Republic thereof.

(4) The Government shall inform the President of all circumstances indicating the possibility of a great and general threat to the existence of the state, circumstances requiring the use of defence forces, and the cessation thereof.

XIII. TRANSITIONAL AND FINAL PROVISIONS

Article 34

(1) The bonus referred to in Article 16 of this Act shall be paid to public employees employed in deputy group services based on employment contracts concluded during the term of the National Assembly that follows the entry into force of this Act.

(2) The severance pay referred to in Article 19 of this Act shall be paid to public employees employed in deputy group services after 1 January 2020. Until then, the hitherto regulations concerning the regulation of severance pay shall apply.

Article 35

(1) The National Assembly shall harmonise the Ordinance on the internal organisation, positions and titles in National Assembly services (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos 50/04, 32/08, 31/17, and 45/19) with this Act within three months of the entry into force of this Act.

(2) The Secretary General shall issue the legal act referred to in paragraph two of Article 29 of this Act within three months of the entry into force of this Act.

(3) The Council of the President shall adopt the legal act referred to in Article 30 of this Act within three months of the entry into force of this Act.

Article 36

On the day this Act enters into force, Article 117 of the Organisation and Work of the Police Act (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos 15/13, 11/14, 86/15, 77/16, 77/17, and 36/19) shall cease to be in force.

Article 37

This Act shall enter into force on the fifteenth day following its publication in the Official Gazette of the Republic of Slovenia.