Other activities   The National Assembly and the European union   Participation of the National Assembly in EU affairs
Cooperation between the institutions

When Slovenia joined the European Union (EU) in 2004, it also adopted the body of common rights and obligations known as the acquis communautaire. 

The EU acquis is constantly changing and developing. The European Commission, which drafts and proposes legislation, as well as the Council of the European Union and the European Parliament, both legislative bodies, all have a role to play.
The Treaty of Lisbon expanded the role of national parliaments in adopting EU legislation, each Member State employing its own legislative procedure.
The National Assembly, the highest representative and legislative body in Slovenia, takes an active part in this process. Pursuant to the Constitution of the Republic of Slovenia1 and the Cooperation between the National Assembly and the Government in EU Affairs Act2, the National Assembly is required to take a position on EU legislative acts.  

1Article 3.a of the Constitution of the Republic of Slovenia stipulates that a law regulating relations between the National Assembly and the Government when adopting legal acts and decisions in international organizations to which Slovenia entrusts the exercise of sovereign rights shall be adopted by a two-thirds majority vote.

2The Cooperation between the National Assembly and the Government in EU Affairs Act was adopted in 2004, just before Slovenia’s accession to the EU (Official Gazette of the Republic of Slovenia, No. 34/04 from 8 April 2004); it was then amended on three separate occasions (Official Gazette of the Republic of Slovenia, No. 43/10, 107/10, and 30/15).


 

The term “EU affairs” is used to refer to the proposals of positions taken by the Republic of Slovenia on legislative proposals , as well as to proposals of a political nature. These are decided on by government representatives of Member States in EU institutions. EU affairs also include matters that are the subject of intergovernmental cooperation within the EU.

Slovenia is represented in affairs pertaining to the EU by the Government, which is responsible for enforcing the positions of Slovenia in EU institutions. When deciding on and formulating matters related to EU affairs, the Government is independent, but must nevertheless comply with the Cooperation between the National Assembly and the Government in EU Affairs Act. Accordingly, the Government is required to provide the National Assembly with material which, in addition to the legislative proposal and a draft of any decision of a political nature, also contains:

  • the proposed position taken by the Republic of Slovenia;
  • the procedure for adopting the act in EU institutions;
  • the main solutions and objectives of the draft act;
  • the estimated start of the discussion around and adoption of an EU regulation, as well as
  • the estimated impact and implications of adopting the proposal into law.

The National Assembly participates in formulating the positions of the Republic of Slovenia in those EU matters which, per the Constitution of the Republic of Slovenia and applicable laws, fall under its purview. The National Assembly may also discuss other EU matters when asked to by the Government or on its own initiative. The National Assembly reviews the proposed position within the deadlines imposed by EU institutions; otherwise, the Government’s proposal automatically becomes the position of the Republic of Slovenia after the the deadline expires. A decision on the draft position is generally taken by the competent working body; in some cases, it may be taken by the National Assembly3

Proposals for amendments to EU treaties are debated by the National Assembly, which takes a position on the matter before any decision is made by the EU institutions. At least once per year, the National Assembly discusses the current situation in the EU and Slovenia’s position within the Union. It also discusses and takes a position on the policy directions that will govern Slovenia’s future actions within EU institutions.

3When the Government, in the course of asserting the positions of the Republic of Slovenia adopted by the competent National Assembly working body during negotiations in EU institutions, assesses that their implementation or full implementation is either not feasible or would not benefit Slovenia, it may change course. If it opts to do so, it must immediately notify the National Assembly and describe the circumstances that informed its decision.

 

By becoming an EU Member State, Slovenia transferred the exercise of part of its sovereign rights to EU institutions on the basis of Article 3a of the Constitution of the Republic of Slovenia.

The relationship between the National Assembly and the Government when adopting legal acts and decisions in the EU is regulated by the Act on Cooperation between the National Assembly and the Government in European Union Affairs (ZSDZVZEU), which has been in force since April 2004. According to the provisions of this Act, the National Assembly participates in formulating the positions of the Republic of Slovenia in those EU matters which, per the Constitution of the Republic of Slovenia and the applicable laws, fall under its purview.

The evolution of EU law has also led to changes in the ZSDZVZEU. In 2010, the National Assembly adopted an amendment to the Act (ZSDZVZEU-A), which stipulates, inter alia, that meetings of committees responsible for dealing with EU affairs are open to the public. 
The amendment to the Treaty on European Union (TEU) strengthened the role of Member States national parliaments in EU legislative procedures that same year, followed by an amendment to the law (ZSDZVZEU-B). Article 11a defined the procedure for supervising and filing an action for breach of the principle of subsidiarity. In April 2015, the National Assembly adopted an amendment establishing a procedure for appointing a Slovenian candidate for a member of the European Commission (ZSDZVZEU-C)4
A more detailed discussion of EU affairs in the National Assembly is defined in the provisions of the National Assembly’s Rules of Procedure.

4The procedure requires the candidate, whose name is put forth by the Government, be presented before the working body of the National Assembly responsible for European affairs. After the presentation of the candidate, the working body votes and gives an opinion with an explanation, which is forwarded to the Government. The Government is not bound by the opinion of the working body, but must inform the National Assembly prior to submitting the proposal to the European institutions.

The National Assembly discusses draft positions of the Republic of Slovenia and participates in the formulation Slovenia’s positions on EU affairs. The amendments to the Treaties on which the EU is based, as well addressing all issues related to EU enlargement, are of particular importance.5 The National Assembly is also responsible for considering draft declarations concerning guidelines on how the Republic of Slovenia functions within EU institutions, reflecting the priority tasks of the Republic of Slovenia in individual areas of its functioning.

The following two National Assembly bodies are tasked with dealing with EU affairs:

  • The Committee on European Union Affairs, which deals with all EU affairs except matters pertaining to European foreign and security policy;
  • The Committee on Foreign Policy, which deals with matters relating to EU foreign policy and security.

In dealing with matters, both committees cooperate with relevant working bodies at the National Assembly. In this case, working bodies are those bodies that adopt an opinion on a specific EU matter in their field and forward it to the competent committee. The National Assembly also discusses EU affairs at plenary sessions if so required by at least one quarter of the MPs, the relevant working body, or if so decided by the Council of the President of the National Assembly.

The National Assembly regularly (generally, every week) discusses the affairs on the agenda of EU institutions and bodies on the basis of the Government positions and reports. The Government informs the National Assembly of current EU affairs and the decisions taken by its representatives within the EU institutions and bodies. The National Assembly may, either at the proposal of the Government or on its own initiative, also discuss other EU affairs. 

5The National Assembly is also responsible for considering proposals and concluding international agreements that fall within the exclusive competence of the EU or the European Atomic Energy Community. It is likewise responsible for proposals and international agreements, which Slovenia concludes with other EU Member States, the EU, and the European Atomic Energy Community. 
 

In the EU, European legislation is adopted by the Council of the EU and the European Parliament. Legislation can be adopted either via ordinary and special legislative procedure. Most EU legislation is adopted via the ordinary legislative procedure, where the Council of the EU and the European Parliament are on an equal footing, as they have to agree (co-decide) on the draft text. A limited number of areas (e.g. the internal market and competition law) are decided through a special legislative procedure, where the legislator is the Council of the EU, while the European Parliament has a purely consultative role. 

The European Commission has the right of legislative initiative. It may also respond to initiatives put forward by the European Council, the Council of the EU, the European Parliament, and citizens (on the basis of a successful European Citizens’ Initiative).

The Council of the EU6 is composed of representatives or ministers of the 27 Member States. The decision-making process in the Council of the EU can take place by simple majority, qualified majority, or unanimity. As a rule, decisions are made by a qualified7 or double majority,8 the exception being sensitive areas such as the common foreign and security policy, EU membership, social security and welfare, and tax policy.

The European Parliament is the only directly elected body and represents the interests of EU citizens. It has 705 members from 27 Member States, who are grouped on the basis of party affiliation and not on the basis of nationality. The process of adopting a position on a legislative act takes place in two stages: the draft legislative text is first considered – if necessary amended – and adopted by the relevant parliamentary committee, then voted on in plenary, thus adopting the European Parliament's position on the proposal.   

All legislative procedures are accompanied by informal exchanges of views, technical meetings, and formal meetings between the Council of the EU, the European Parliament, and the European Commission. These are called trilogues. They are intended to reconcile the different views between the institutions and to reach agreements.

The national parliaments of the Member States, which are otherwise informed by the European Commission of all draft legislative proposals, are also actively involved in the process of adopting EU legislation. The Lisbon Treaty has significantly expanded their role, particularly through the introduction of a system for monitoring compliance with the principle of subsidiarity in legislative proposals.

6The official website of the European Union contains a presentation of the Council of the EU and its powers.
7A qualified majority is achieved by meeting two conditions: the proposal is voted on by 55% of the Member States, i.e. 15 of the 27 countries, and the supporting Member States represent at least 65% of the total EU population. For more information, visit theCouncil of the EU website. 
8The Council of the EU has created a special app (the Council Voting Calculator) used to calculate the qualified majority.