Slovenia is a European country located on the shores of the Adriatic Sea, sharing a border with Italy, Austria, Hungary, Croatia. The population of this country is approx 21,30,000 with 20,271 square kilometers area. Ethnically 83% are Slovene. There are also Serbs, Croats, Bosniaks, Bosnians, Hungarians, Albanians, Roma, Macedonians, Italians, Montenegrins and Germans. The official language is Slovene. Other recognized languages are Italian, and Hungarian. Religiously 77% are Christian, almost all of whom are Catholic. 18% of citizens do not believe in any religion.
According to the constitution, religion and state are separate. If someone is harmed by state authorities, they have the right to receive compensation.
These are positive aspects. Now let's discuss the negative aspects.
It is possible to detain someone for about three months under preventive detention laws without trial. The Supreme Court can extend the detention period for another three months. If no charges are filed at the end of this period, the suspect will be released. Powerful politicians or the police can harass anyone, including the opposition, unpopular figures, and enemies, through this provision.
The Slovenian parliament is bicameral, with the National Assembly directly elected by popular vote, while the members of the National Council are not appointed based on the votes received by political parties - which is against democracy. In addition, two seats in the National Assembly are reserved for the Hungarian and Italian minorities - which is also against national spirit.
Admirable Articles of Slovenia's Constitution
Article 3
Slovenia is a state of all its citizens and is founded on the permanent and inalienable right of the Slovene nation to self-determination.
In Slovenia power is vested in the people. Citizens exercise this power directly and through elections, consistent with the principle of the separation of legislative, executive and judicial powers.
Article 7
The state and religious communities shall be separate.
Religious communities shall enjoy equal rights; they shall pursue their activities freely.
Article 14. Equality before the Law
In Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other conviction, material standing, birth, education, social status, disability or any other personal circumstance.
All are equal before the law.
Article 18. Prohibition of Torture
No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without his free consent is prohibited.
Article 22. Equal Protection of Rights
Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities and bearers of public authority that decide on his rights, duties or legal interests.
Article 25. Right to Legal Remedies
Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities and bearers of public authority by which his rights, duties or legal interests are determined.
Article 26. Right to Compensation
Everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or body performing such function or activity under state authority, local community authority or as a bearer of public authority.
Any person suffering damage has the right to demand, in accordance with the law, compensation also directly from the person or body that has caused damage.
Article 28. Principle of Legality in Criminal Law
No one may be punished for an act which had not been declared a criminal offence under law, or for which a penalty had not been prescribed, at the time the act was performed.
Acts that are criminal shall be established and the resulting penalties pronounced according to the law that was in force at the time the act was performed, save where a more recent law adopted is more lenient towards the offender.
Article 29. Legal Guarantees in Criminal Proceedings
Anyone charged with a criminal offence must, in addition to absolute equality, be guaranteed the following rights:
● the right to have adequate time and facilities to prepare his defence;
● the right to be present at his trial and to conduct his own defence or to be defended by a legal representative;
● the right to present all evidence to his benefit;
● the right not to incriminate himself or his relatives or those close to him, or to admit guilt.
Article 30. Right to Rehabilitation and Compensation
Any person unjustly convicted of a criminal offence or deprived of his liberty without due cause has the right to rehabilitation and compensation, and other rights provided by law.
Article 31. Prohibition of Double Jeopardy
No one may be sentenced or punished twice for the same criminal offence for which criminal proceedings were dismissed finally, or for which the charge was finally rejected, or for which the person was acquitted or convicted by final judgement.
Article 41. Freedom of Conscience
Religious and other beliefs may be freely professed in private and public life.
No one shall be obliged to declare his religious or other beliefs.
Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions.
Article 42. Right of Assembly and Association
The right of peaceful assembly and public meeting shall be guaranteed.
Everyone has the right to freedom of association with others.
Legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases.
Professional members of the defence forces and the police may not be members of political parties.
Article 52. Rights of Disabled Persons
Disabled persons shall be guaranteed protection and work-training in accordance with the law.
Physically or mentally handicapped children and other severely disabled persons have the right to education and training for an active life in society.
The education and training referred to in the preceding paragraph shall be financed from public funds.
Article 54. Rights and Duties of Parents
Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests.
Children born out of wedlock have the same rights as children born within it.
Article 72. Healthy Living Environment
Everyone has the right in accordance with the law to a healthy living environment.
The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law.
The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation.
The protection of animals from cruelty shall be regulated by law.
Article 126. Organisation and Jurisdiction of Courts
The organisation and jurisdiction of courts are determined by law.
Extraordinary courts may not be established, nor may military courts be established in peacetime.
Article 155. Prohibition of Retroactive Effect of Legal Acts
Laws and other regulations and general legal acts cannot have retroactive effect.
Only a law may establish that certain of its provisions have retroactive effect, if this is required in the public interest and provided that no acquired rights are infringed thereby.
Facts of Slovenia's Constitution
Article 20. Orders for and Duration of Detention
A person reasonably suspected of having committed a criminal offence may be detained only on the basis of a court order when this is absolutely necessary for the course of criminal proceedings or for reasons of public safety.
Upon detention, but not later than twenty-four hours thereafter, the person detained must be handed the written court order with a statement of reasons. The person detained has the right to appeal against the court order, and such appeal must be decided by a court within forty-eight hours. Detention may last only as long as there are legal reasons for such, but no longer than three months from the day of the deprivation of liberty. The Supreme Court may extend the detention a further three months.
If no charges are brought by the end of these terms, the suspected person shall be released.
Article 80. Composition and Election
The National Assembly is composed of deputies of the citizens of Slovenia and comprises ninety deputies.
Deputies are elected by universal, equal, direct and secret voting.
One deputy of the Italian and one deputy of the Hungarian national communities shall always be elected to the National Assembly.
The electoral system shall be regulated by a law passed by the National Assembly by a two-thirds majority vote of all deputies.
Deputies, except for the deputies of the national communities, are elected according to the principle of proportional representation with a four-percent threshold required for election to the National Assembly, with due consideration that voters have a decisive influence on the allocation of seats to the candidates.
Article 96. Composition
The National Council is the representative body for social, economic, professional and local interests. The National Council has forty members. It is composed of:
● four representatives of employers;
● four representatives of employees;
● four representatives of farmers, crafts and trades, and independent professions;
● six representatives of non-commercial fields;
● twenty-two representatives of local interests.
The organisation of the National Council is regulated by law.
