Preureditev ustavnih pristojnosti med organi državne oblasti

slovenian

2024

volume 50, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The proposed amendments to the Constitution of the Republic of Slovenia in the area of the appointment of judges and ministers and the constitutional judiciary can also be assessed from the point of view of the constitutional competences of some of the highest organs of state power. The proposed constitutional amendments do not provide for new competences of these bodies, but rather modify them by transferring them from one public authority to another and, to a large extent, by rearranging them. The redistribution of constitutional competences would affect the interrelationships between the National Assembly, the President of the Republic, the Government, the Constitutional Court and the courts, and would also affect the functioning of other constitutional institutions. In the area of constitutional law, the proposed amendments are primarily aimed at strengthening the Constitutional Court as the highest authority for the protection of constitutionality and human rights and freedoms, while the transfer of competences between the legislature and the executive contributes to a more appropriate balance between these bodies and to a more consistent implementation of the principle of the separation of powers and the resulting checks and balances. It would also contribute to the more efficient functioning of the constitutionally designed and European comparable parliamentary system.

08.12.2025