Dr. Arne Mavčič

Director of the Legal Information Center

Constitutional Court

of the Republic of Slovenia

1000 Ljubljana

Beethovnova 10

S l o v e n i a

Phone: +386 61 177 64 47

Fax: +386 61 125 43 47

e-mail: arne.mavcic_usd.sigov.mail.si

Internet (e-mail): http://www.sigov.si/us/eus-ds.htm

Date: 27 February 1998

CONSTITUTIONAL LAW, SLOVENIA

ARNE MAV_I_, D. LAW

Constitutional Court of the Republic of Slovenia

This text is current as of 1 December 1997

1998

Kluwer Law and Taxation Publishers - The Netherlands

THE AUTHOR

Arne Mavčič, D. Law (born 4 August 1948), completed his Bachelor of Law at the Ljubljana Law School, Slovenia in 1970, from which, after having completed his post-graduate studies in civil law at the Law Schools of Zagreb and Ljubljana, he was awarded a Doctorate of Law in 1979. From 1970 till 1973 he was legal advisor to the Slovenian Parliament, from 1974 till 1977 he was chief of the International Department of the Slovenian Health Insurance Association. Since 1978 he has been the Head of the Legal Information Centre of the Constitutional Court of Slovenia and a Senior Scientific Councillor to the Ljubljana Law School, specializing in legal information systems and constitutional law. Dr. Mav_i_ is a liaison officer for Slovenia on constitutional law and legal information systems to the Venice Commission under the Council of Europe, a member of the Slovenian Constitutional Law Society, a member of the International Constitutional Law Association, a member and the national president of the World Jurist Association, a member of the Law Association for Asia and the Pacific, a member of the Slovenian Informatics Society, an editor of the Collected Slovenian Constitutional Case-Law series, an editor and author of several publications in the fields of constitutional law. Dr. Mav_i_ has predominantly been engaged in practical and promotional activities in the fields of comparative constitutional judiciary and legal information systems.

Table of Contents

The Author

List of Abbreviations

Glossary

A. Institutions

B. Legislation

Preface

General Introduction

I. Important Data Concerning Slovenian Constitutional History

II. Development of the Organization of State Power in Slovenia

III. A Concise Description of Recent Slovenian Constitutional History

Reasons for the Transition to the New Legal System

The Constitution of 1991

The Electoral System

IV. A Profile of the Form of Government

A Democratic Republic

The Rule of Law

The Social Welfare State

The Separation of Powers

National Sovereignty

1. The Sovereignty of the People

2. Forms of Direct Democracy

3. The Referendum in the Process of Amending the Constitution

4. The Legislative Referendum

5. The Deliberative Referendum

6. The Local Referendum

7. The Public Initiative

8. Petition

9. The Participation of Citizens in the Performance of Judicial Functions

The Territorial Indivisibility

V. State Territory (Geographical Data)

VI. State Population (Demographic Data)

VII. State Symbols

Part I. Sources of Constitutional Law

General

Chapter 1. Treaties

§ 1. Brief Overview

§ 2. Hierarchy

Chapter 2. Constitution

§ 1. Classification

§ 2. The Procedure for Amending the Constitution

I. General: The Constitution in Force

II. Historical Constitutional Development

§ 3. Hierarchy

Chapter 3. Legislation and Equivalent Legislative Rules

§ 1. Types of Law

I. Constitutional Laws

II. (Ordinary) Laws

III. Hierarchy

§2. (Presidential) Decrees With the Binding Force and Effect of Statute

I. General

II. Hierarchy

Chapter 4. Rules of Procedure

Chapter 5. Regulations

§ 1. General

§ 2. Hierarchy

Chapter 6. Administrative Regulations and Orders

Chapter 7. Autonomous Regulations

§ 1 Local Self-Government Regulations

I. General

II. Hierarchy

§ 2. Statutes of Enterprises

§ 3. Collective Agreements

Chapter 8. Jurisprudence

§ 1. General

§ 2. Hierarchy

Chapter 9. Unwritten Law

§ 1. Customary Law

§ 2. Principles of Law

§ 3. Morality as a Legal Source

Chapter 10. Codification, Interpretation, Proclamation and Publication

§ 1. Codification

§ 2. Interpretation

§ 3. Proclamation

§ 4. Publication

Part II. The Form of Government

Chapter 1. General

§ 1. Political Parties, Lobbies and Interest Groups

§ 2. Miscellaneous

I. General

II. The Delegation of Powers

Chapter 2. The Head of State

§ 1. Introduction

§ 2. Powers

§ 3. Designation

§ 4. Legal Status

Chapter 3. Legislature

§ 1. The State Bodies (The National Assembly and the National Council)

I. Uni/Bicameral System,

A. Introduction

B. Bodies of Political Representation and the Representative Form of Government

C. The National Assembly as a General Representative and Legislative Body

D. The Rights and Duties of the Deputies

E. The Powers and Sphere of Activity of the National Assembly

F. A General Overview of Legislative Procedure

G. The Rules of Quorum and Majority

H. International Agreements

I. The Obligatory Interpretation of Statute

J. The Public Nature of the Activities of the National Assembly

K. The National Council

L. The Parliamentary Inquiry

II. The Electoral System

A. General Introduction

B. The Principles of the Election Process

C. Eligibility

§ 2. Legal status

I. The Mandate of the Deputies

A. The Representative Character of the Mandate

B. The Term of the Mandate

II. Incompatibilities, Immunities and Privileges

A. Incompatibilities

1. Constitutional Incompatibilities

2. Statutory Incompatibilities

B. Immunities

C. Indemnity and Benefits

§ 3. Powers

I. Legislation

II. Supervision and Control of the Executive

A. The Right of Interpellation

B. The Right to Ask Questions

C. The Right of Investigation (Parliamentary Inquiries)

D. Techniques of Financial Supervision

E. War and State of Emergency

§ 4. Activities

I. Parliamentary Proceedings - Legislative Procedure

A. Legislative Initiative

B. Preliminary Discussion

C. The Phases of the Legislative Procedure

1. The First Phase of a Bill (the First Reading, General Discussion)

2. The Second Phase of a Bill (the Second Reading, Discussion and Voting on Articles)

3. The Third Phase of a Bill (the Third Reading, Discussion and Voting on a Bill as a Whole)

4. Voting on a Bill

5. Accelerated Legislative Procedure

6. The Abbreviated Legislative Procedure

D. The Re-voting of a Bill

E. The Proclamation of a Statute

F. The Publication of an Act

II. The Ratification of International Treaties

III. The Procedure for the Adoption of the State Budget and the Final State Accounting

IV. The Legislative Referendum

V. The Validity of Regulations Through Publication

A. The Publication of Regulations

B. The Validity of Legislative Measures and the vacatio legis

C. The Prohibition Against Retroactive Legislation

VI. Authentic (Obligatory) Interpretation of Regulation (Statutes)

§ 5. Miscellaneous

I. The Delegation of Legislative Power

A. Presidential Decrees

B. Administrative Regulations

II. Parliamentary Inquiries

§ 6. The National Council

I. Composition

II. Elections

III. Incompatibilities of Office and Immunities

IV. Powers

V. Voting in the National Council

Chapter 4. The Executive

§ 1. The State Body

I. Introduction

II. The Process of Forming a Government

III. The Composition, Organization and Process of Forming a Government and Cabinet

§ 2. Legal Status

§ 3. Powers

I. The Government

II. The Prime Minister

III. Ministers

IV. Rights and Duties

V. The Accountability of the Government and of the Ministers

A. A Vote of No-Confidence in the Government

B. A Vote of Confidence in the Government

C. Interpellation

D. The Procedure Before the Constitutional Court for Establishing the Responsibility of the President of the Republic, of the Prime Minister or of Ministers (Impeachment)

VI. Acts of the Government

A. The Regulations and Orders Necessary for the Implementation of Laws

B. The Regulatory Powers of the Ministers and State Secretaries

VII. National Defence and Foreign Affairs

A. National Defence

B. Foreign Affairs

C. Treaty-Making Powers

VIII. The Public Administration

Chapter 5. The Judiciary

§ 1. Introduction

§ 2. Courts

I. Organization and Jurisdiction

A. General

B. Judges

II. The Independence of Judges

III. The Elections of Judges

IV. The Permanence of the Office of Judges

V. Judicial Immunities

VI. The Incompatibilities of the Judicial Office

VII. The Principle of Public Court Proceedings

VIII. The Participation of Citizens in the Performance of Judicial Functions

§ 3. The Public Prosecutor's Office

§ 4. Solicitors

§ 5. Notaries Public

Chapter 6. Constitutional Review

§ 1. General

§ 2. The Slovenian Model of the Constitutional Review

§ 3. The Date and Context of the Establishment of the Constitutional Review

§ 4. The System in Force

I. The Position of the Constitutional Court in the National Hierarchy of the Courts

II. The Present Situation/Standard Legal Reference

III. Composition and Organization

A. Composition

B. Procedure

C. Organization

IV. Powers

A. Constitutional Review

1. Preventative (a priori) Review

2. A posteriori Review

a. Abstract Review

b. Concrete Review

B. Other Powers

C. Standing Before the Constitutional Court

V. The Nature and Effects of Decisions

VI. The Publication of Constitutional Court Decisions

Chapter 7. Independent Non-Political Bodies in the Legislative or Executive Branch with an Advisory or Supervisory Task

§ 1. The Court of Auditors

§ 2. Inspections

§ 3. The State Legal Office

§ 4. The Social Legal Office of the Republic of Slovenia

Part III. The State and its Subdivisions

Chapter 1. The Form of the State

Chapter 2. Decentralized Authorities-Municipalities

§ 1. The History of Local Self-Government

§ 2. A General Description of the System in Force

§ 3. The Internal Structure of the Municipalities

§ 4. The Constitutional Provisions

I. General Provisions Concerning Local Matters

II. Special Provisions Regarding the Distribution of Powers Between the State and Municipalities

III. Other Forms of Self-Government

Part IV. Citizenship and the Administration of Justice

Chapter 1. Rules Concerning Citizenship and the Relevance of Citizenship for Exercising Certain Rights and Duties

§ 1. Constitutional and Statutory Provisions

I. Constitutional Provisions Concerning the Relevance of Citizenship

II. Statutory Provisions

§ 2. Citizenship

I. Obtaining Slovenian Citizenship

II. The Loss of Slovenian Citizenship

§ 3. The Position of Foreigners

§ 4. Limitation on the Capacity to Exercise Basic Rights Due to Special Personal Criteria

I. Minors

II. The Mentally Handicapped

§ 5. Legal Entities

I. National Legal Entities

II. Foreign Legal Entities

Chapter 2. Basic Rights and Liberties

§ 1. General

I. Definition

II. Historical Outline

III. General Provisions

A. Equality Before the Law

B. The Exercise and Limitations of Rights

C. The Temporary Revocation or Restriction of Rights

D. Equality in the Protection of Rights

E. The Due Process of the Law

F. Public Court Proceedings

G. The Right to Legal Remedies

IV. The System of Protection

A. The National System

1. Judicial Protection

1.1. General

1.2. Specialized Courts

2. Administrative-Penal Protection (Offences)

3. The Constitutional Complaint

4. The Ombudsman

5. Other Forms of Protection (Inspections, etc.)

B. The International System

1. The United Nations

2. The Council of Europe

3. The European Community

§ 2. Specific Basic Rights and Freedoms

I. Personal Rights and Freedoms

A. Personal Freedoms Protecting Individual Integrity, Liberty and Security

1. The Inviolability of Human Life

2. The Prohibition Against Torture

3. The Protection of Personal Liberty

4. Orders for and Duration of Arrest

5. The Protection of an Individual's Humanity and Dignity

6. The Freedom of Movement

7. The Right to Personal Integrity and Personal Safety

8. The Protection of the Right to Privacy and of Personal Rights

9. The Inviolability of Dwellings

10. The Protection of the Privacy of the Post and Other Means of Communication

11. Extradition

12. The Prohibition Against Inciting Discrimination and Intolerance and the Prohibition Against the Incitement to Violence and War

13. The Right to Compensation

B. Intellectual Rights and Freedoms

1. The Freedom of Expression

2. The Right to Correction and Reply

3. The Freedom of Conscience

4. The Right of Conscientious Objection

5. Education and Schooling

6. The Autonomy of Universities and Other Institutions of Higher Education

7. The Freedom of Science and the Arts

8. Intellectual Property Rights

9. The Profession of National Allegiance

10. The Right to the Use of Language and Script

11. The Protection of Personal Data

C. The Right to a Fair Trial

1. The Presumption of Innocence

2. The Principle of Legality in Criminal Law

3. Legal Guarantees and Criminal Proceedings (The Right to a Fair Trial)

4. The Right to Rehabilitation and Compensation

5. The Prohibition Against Double Jeopardy

II. Political Rights and Freedoms

A. The Right of Assembly and Association

B. The Right to Vote

C. Participation in Public Affairs

D. The Right to Petition

E. Political Asylum

III. Economic, Social and Cultural Rights

A. The Right to Own and Inherit Property

B. The Property Rights of Foreigners

C. The Right to Utilize National Assets and National Resources

D. The Rights of Foreigners to Exploit Natural Resources

E. The Right to a Healthy Living Environment

F. Free Enterprise (The Business Sector)

G. Participation in Management

H. The Freedom of Trade Unions

I. The Right to Strike

J. The Freedom of Work

K. The Special Rights of Foreigners Employed in Slovenia

L. The Right to Social Security

M. The Right to Health Care

N. The Rights of the Disabled

O. Marriage and the Family

P. The Rights and Obligations of Parents

R. The Freedom of Choice in Childbearing

S. The Rights of Children

IV. The Special Rights of the National Communities

A. Special Rights of the Autochthonous Italian and Hungarian National Communities in Slovenia

B. The Status and Special Rights of the Rom Communities in Slovenia

C. Autochthonous Slovenian Minorities in Neighboring Countries

Chapter 3. Constitutional Problems of Minorities

§ 1. Linguistic Minorities

I. General

II. Constitutional and Statutory Guarantees for Linguistic Minorities

A. Constitutional Provisions

B. Linguistic Legislation

1.The Organisation of the Self-Governing National Communities

2. The Usage of Languages in Administrative Matters

3. The Usage of Languages in Education

4. The Usage of Language in Cultural Activities

5. The Usage of Languages in Health Services and Veterinary Medicine

C. Judicial Protection

Chapter 4. The Judicial Control of Administrative Actions

§ 1. Preventative Legal Protection

I. Free Access to Governmental Documents

II. Public Court Proceedings

II. The Obligation to Provide a Reason for Every Unilateral Decision

IV. The Ombudsman

§ 2. Curative Legal Protection

I. Introduction

II. Administrative Disputes

III. The Constitutional Complaint

A. History

B. The Constitutional Complaint in Slovenia

C. Human Rights Protection Viewed Through Slovenian Constitutional Case-Law

Chapter 5. The Legal Position of Aliens

§ 1. General

§ 2. Statutory Provisions Regarding Aliens

I. The Foreigners Act

II. The Temporary Asylum Act

Part V. Specific Problems

Chapter 1. War, Treaty and Foreign Affairs Powers

§ 1. National Defence

I. Constitutional Provisions

II. Statutory Provisions

§ 2. External Relations/Foreign Affairs

I. Treaty-Making Powers

II. Powers Regarding the Parliament

III. Powers Regarding the National Council

IV. Powers Regarding the President of the Republic

V. Powers Regarding the Constitutional Court

VI. Powers Regarding the Judiciary

VII. Powers Regarding the Ministry of Foreign Affairs

Chapter 2. Taxing and Spending Branch

§ 1. State

I. Taxing Branch

A. The Principle of Legality

B. The Principle of Annuality

C. The Principle of Equality

II. Spending Branch

A. The Principle of Legality

B. The Principle of Annuality

C. The Principle of Universality

D. The Principle of Specialization

E. The Public Nature of the Budget and the State Accounts

III. The Tax Administration

IV. Customs

§ 2. Municipalities

I. Autonomous or General Taxing Power

II. Additional Taxing Power: Municipal Taxes

§ 3. Loans

§ 4. Solidarity Mechanisms

§ 5. The Budget

§ 6. The Central Bank of the Republic of Slovenia

§ 7. The Court of Auditors

Chapter 3. Emergency Laws

Chapter 4. The Power of the Military

Chapter 5. The Constitutional Relationship Between Church and State

§ 1. The Freedom of Religion-The Freedom of Conscience

§ 2. The Position of Religious Groups

Index

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CHAPTER 3. CONSTITUTIONAL PROBLEMS OF MINORITIES 1

§ 1. Linguistic Minorities

I. General

427. The national tensions which led to war in former Yugoslavia raise the question of minorities in the Republic of Slovenia. There are no national groups in Slovenia to whom the right to national self-determination belong and thus the possibility of forming their own State. There are two autochthonous national communities, Italian and Hungarian, who make up approximately half a percent of the total population.

1. Natek, K., et al., Discover Slovenia, Ljubljana, Cankarjeva Založba, 1993.

428. According to the new Constitution, the Italian and Hungarian communities are guaranteed the free use of their national symbols and, in order to preserve their national identity, they may form their own organisations and develop economic, cultural and scientific research activities and activities in the field of media and publishing. They have the right under law to education and upbringing in their own language, and they are guaranteed the right to develop relations with their mother nation (Article 5.1 of the Constitution; Article 64.1 of the Constitution). The Italian and Hungarian national communities are also guaranteed representation in the National Assembly (Article 64.3 of the Constitution).

II. Constitutional and Statutory Guarantees for Linguistic Minorities

A. Constitutional Provisions

429. Slovenia must uphold and guarantee the right of the autochthonous Italian and Hungarian national communities (Article 5.1 of the Constitution).

430. The official language of Slovenia is Slovenian. In those areas where Italian or Hungarian national communities reside, the official language is also Italian or Hungarian (Article 11 of the Constitution). Consequently, all State bodies (of the legislative, executive and judicial branches), bodies of local communities, organizations exercising public services, individuals exercising public powers and other bodies of public law, must use explicitly the Slovenian language as the official language. The equal use of the Italian language and the Slovenan language was already, following the 1974 Constitution, guaranteed by charters of municipalities in that area where the Italian autochthonous national community resides; in addition, the equal use of the Hungarian language and the Slovenian language was guaranteed by charters of municipalities in that area where the Hungarian national community resides. In procedures before administrative bodies the equal use of the respective language may be practised in the nationally mixed area, if the participant in the proceedings is a member of the Italian or Hungarian national community; procedures are conducted and the decisions delivered to the members of the respective national community in both languages, i.e. in the Slovenian and the Italian, or in the Slovenian and the Hungarian languages both decisions are considered as original (when only one party participates in the procedure, the procedure is conducted in the language of this party). In those areas also the forms designed for the inhabitants are to be bilingual (e.g. in the registrary, for health care, pensions, disability insurance, etc.).

Concerning the use of the Slovenian language, the rules of the Slovenian literary language are to be applied (the respective rules are not passed by the State); those rules are taken into consideration by all State bodies passing regulations and other legal acts or actions.

431. The Constitution determines also the Special Rights of the Autochthonous Italian and Hungarian National Communities (Article 64 of the Constitution) as well as the status and special rights of the Rom communities in Slovenia (Article 65 of the Constitution). 1

1. See Part IV. Citizenship and the Administration of Justice, Chapter 2. Basic Rights and Liberties, § 2. Specific Basic Rights and Freedoms, IV. The Special Rights of the National Communities.

B. Linguistic Legislation

1. The Organisation of the Self Governing National Communities

432. With the intention of exercising the special rights guaranteed by the Constitution, their needs and interests, as well as of organising participation in public affairs, self governing national communities are established by members of the Italian and Hungarian national communities in those areas where the autochthonous national communities reside (Article 1 of the Self-Governing National Communities Act). The self governing national communities are legal entities (Article 2 of the Self-Governing National Communities Act). They exercise the following functions:

- to decide independently on all questions within their competence in accordance with the Constitution and statute,

- to give consent to the matters in accordance with statute which concern the protection of the special rights of the national communities, but which have to be decided together with the bodies of local self governing communities,

- to discuss and study questions concerning the status of the national communities, to voice points of view as well as to submit proposals and initiatives to competent bodies,

- to stimulate and organize activities which contribute to the preservation of the identity of the members of the Italian and Hungarian national communities (Article 3 of the Self-Governing National Communities Act).

The self governing national communities exercise the mentioned functions in the following manner:

- by stimulating and organizing cultural, research, information, publishing and commercial activities concerning the progress of the national communities

- by establishing organisations and public institutions

- by following and stimulating the education and schooling of the members of the national communities and, in accordance with statute, by participating in the planning and organizing of respective activities, as well as in preparing appropriate programs

- by promoting relations with their homeland, with members of the national communities in other countries, as well as with international organizations

- by carrying out particular functions within the State competencies in accordance with statute

- by exercising other functions in accordance with the statute of the national community (Article 4 of the Self-Governing National Communities Act).

The members of the Italian and Hungarian national community who live autochthonously in the multinational areas may establish municipal self governing national communities (Article 6 of the Self-Governing National Communities Act). The municipal self governing national communities my join the Italian and Hungarian self governing national community in the Republic of Slovenia (Article 9.1 of the Self-Governing National Communities Act). The highest body of the self governing national community is its council (Article 7 and Article 9.2 of the Self-Governing National Communities Act). The self governing national communities may submit to the self governing local communities proposals, initiatives and opinions concerning the status of the national communities and the preservation of the specialities of the multinational areas (Article 12.1 of the Self-Governing National Communities Act). The self governing national communities may submit to the National Assembly, to the Government and to other State bodies, proposals, initiatives and opinions concerning all the matters of their competence (Article 15.1 of the Self-Governing National Communities Act). The State bodies deciding on matters concerning the status of the national communities must acquire the previous opinion of the self governing national communities (Article 15.2 of the Self-Governing National Communities Act). The self governing national communities may cooperate with the nations of their homelands and with the respective countries, with members of the national communities in other countries, and with international organizations (Article 16 of the Self-Governing National Communities Act). Members of the self governing national communities participate in the preparation of international agreements concerning the position of the national communities and the protection of their rights also (Article 17 of the Self-Governing National Communities Act). Funds for the activities of the municipal self governing national communities are determined by the municipal budget; funds for the activities of the Italian and Hungarian self governing national community in the Republic of Slovenia are determined by the budget of the Republic of Slovenia (Article 18.1 of the Self-Governing National Communities Act). Funds for the activities of organisations and public institutions acting on the needs of the national communities are, in accordance with statute, provided from the funds of the self governing local communities, by the budget of the Republic of Slovenia, and from other sources (Article 18.2 of the Self-Governing National Communities Act).

2. The Usage of Languages in Administrative Matters

433. When determining the referenda areas for the establishment of municipalities it is necessary to take into consideration the areas and connection of settlements as well as current multinational areas (Article 8.1 of the Referenda on the Establishment of Municipalities Act).

434. In the multinational areas determined by statute where the Italian or Hungarian national communities resides, both national communities have at least one representative on the municipal council. The direct representation of the national communities in other municipal bodies is determined by municipal statute (Article 39.1 of the Local Self-Government Act). Within the scope of their powers, municipalities are to regulate questions concerning the exercise of rights and the financing of the national communities by special municipal acts (Article 39.2 of the Local Self-Government Act). Such acts must be passed with the consent of the National Community Council following submission by representatives of the national communities in municipal councils. If the municipal bodies decide on other questions concerning the exercise of the special rights of the national communities, they must acquire the preliminary opinion of the self governing national community (Article 39.3 of the Local Self-Government Act). In the multinational municipalities there is a special commission established competent for the matters of the national groups. Half of the members of this commission must be members of the national community (Article 39.4 of the Local Self-Government Act). In those areas where the autochthonous Rom community reside, the Rom have at least one representative as a member of the municipal council (Article 39.2 of the Local Self-Government Act).

435. The multinational municipalities as well as municipalities interested in joining with such municipalities may establish a region where wider questions will be dealt with concerning the exercise of the rights and position of the national communities guaranteed by the Constitution (Article 72.4 of the Local Self-Government Act).

436. In multinational municipalities both national communities have in municipal councils one tenth of the total number of the members of the municipal council or at least one member respectively (Article 116.3 of the Local Elections Act).

437. In the area where the autochthonous Italian and Hungarian national community reside, the State Legal Office operates also in the Italian and Hungarian language if a party living in that area uses the respective language concerning his/her contacts with the State Legal Office (Article 6.2 of the State Legal Office Act).

438. The forms of passports and visas are printed in the Slovenian, English and French languages. In areas determined by statute, where members of the Slovenian nation and members of the Italian and Hungarian national communities reside together autochthonously, the French language is replaced with the Italian or Hungarian language (Article 16 of the Passport of the Citizens of the Republic of Slovenia Act).

3. The Usage of Languages in Education

439. The Ministry of Education and Sports, among others, discharges affairs concerning the education of members of the Italian and Hungarian national communities and the Roms (Article 14.1 of the Organisation and Competencies of Ministries Act).

440. The self governing national community is to be a co-founder of any public educational institutions which are established in multinational areas with the intention to provide bilingual education and schooling in the respective languages of the communities (Article 11.7 of the Organisation and Financing of Education and Training Act).

441. In those areas where the members of the Slovenian nation as well as members of the Italian national community reside and which are defined as multinational areas, in accordance with the special Kindergartens Act regulating educational activity in the Slovenian language, children are instructed also in the Italian language; in kindergartens with education in the Italian language, children are instructed also in the Slovenian language (Article 5.2 of the Kindergartens Act). In those areas where members of the Slovenian nation and members of the Hungarian national community reside and which are defined as multinational areas, in accordance with a special statute, the educational activity is bilingual, in the Slovenian and in the Hungarian language (Article 5.3 of the Kindergartens Act).

442. One of the goals of primary schooling is the promotion of, comprehension, communication and expression in the Slovenian language, and in areas determined as multinational areas, also in the Italian and Hungarian languages respectively (Article 2.3 of the Primary School Act).

443. One duty of the general and the professional secondary schools is, among others, to promote knowledge of the Slovenian language and literature, and in areas determined as multinational areas, also in the Italian and Hungarian languages and literature (Article 2.3 of the Secondary School Act).

4. The Usage of Languages in Culture

444. Cultural performances are announced, advertised and explained in the Slovenian language; and in those areas determined as multinational areas, also in the Italian and the Hungarian languages. Films are to be presented in the Slovenian language or with Slovenian subtitles. Exceptions from the mentioned provisions may be permitted by the Minister of Culture (Article 6 of the Fulfillment of Public Interests in the Field of Culture Act).

445. Advertisement and other paid notices in public gazettes and in other forms of public communication are to be published in the Slovenian language, unless the public gazette is issued in a foreign language (Article 28.1 of the Public Media Act). This does not apply in multinational areas where beside Slovenian, the official languages are the Italian or the Hungarian language respectively (Article 28.2 of the Public Media Act).

446. Under statute, the activity of the Radio and Television Corporation of Slovenia as a public service includes the creation, preparation and broadcasting of one radio and television station for the Italian and the Hungarian national communities (the national community programs) (Article 3.1 of the Radio and Television Corporation of Slovenia Act). The Radio and Television Corporation of Slovenia through these stations assures the exercise of the constitutional rights of the Italian and Hungarian national community concerning informing the public by radio and television, the cooperation of the national communities with their originating nation, as well as the inclusion of cultural and other achievements of the Italian and Hungarian nations into the programmes of the nationalities (Article 3.2 of the Radio and Television Corporation of Slovenia Act). The national program must cover the territory where at least 90 percent of the Slovenian inhabitants reside, or, respectively, 90 percent of the territory where the members of the Italian and Hungarian national communities live, if the programming concerns the national communities (Article 5 of the Radio and Television Corporation of Slovenia Act).

5. The Usage of Languages in Health Services and Veterinary Medicine

447. A medical officer who carries out his/her activity in direct contact with patients, must have command of the Slovenian language, and in bilingual areas also the language of the respective nationality (Article 63.1 of the Health Services Act).

448. A pharmacy may be managed by a graduated pharmacist who, among other conditions, must have command of the Slovenian language, and in bilingual areas also the language of the respective nationality (Article 7.1 of the Pharmacies Act).

449. A veterinarian surgeon who carries out his/her activity in direct contact with the owners of animals, must have command of the Slovenian language, and in bilingual areas also the language of the respective nationality (Article 95.1 of the Veterinary Medicine Act).

C. Judicial Protection

450. All incitement to national, racial, religious or other discrimination, as well as the inflaming of ethnic, racial, religious or other hatred or intolerance, is unconstitutional (Article 63.1 of the Constitution).

451. Such activity is a criminal offence for which a sentence up to two years of jail is prescribed (Article 300.1 of the Penal Code of the Republic of Slovenia). If such offence was committed through constraint, by maltreatment, by a threat to security, by heaping abuse upon national ethnic or religious symbols, by damaging private property, by desecration of monuments, memorials signs or cemeteries, a person committing such a crime is to be sentenced to up to five years in jail (Article 300.2 of the Penal Code of the Republic of Slovenia). Also an offence against humanity and international law is punishable including when directed against national, ethnic, racial or religious group (Article 373 of the Penal Code of the Republic of Slovenia).

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