National Council
a)
The status of the office of the
National Council of the Republic of Slovenia
Under the
Public Servants Act (hereinafter PSA), which entered into force in Slovenia on 28
June 2003, all individuals employed in the public sector, in other words in
state bodies and state administration bodies, are public servants. Under this
act the National Council has the status of other state body, as do the National
Assembly, the
The status
of public servants, their rights and duties are regulated by the Public
Servants Act, the Employment Act and the collective agreement for
non-commercial activities, yet state bodies may nevertheless arrange certain
areas independently:
The PSA
allows the state bodies that have the status of other state body to regulate
issues governed by this act in greater detail through their own general acts,
in contrast to state administration bodies, for which the government regulates
in detail issues from this act by issuing regulations. In this regard, parliamentary
employees are partly removed from the comprehensive provisions for the status
of public servants in the public sector.
The
National Council therefore determines its own systemisation of jobs.
The Systemisation of jobs is an official
act that every state body,[1] local community
administration and person of public law must have, and this determines in line
with the body's internal organisation the employment positions required for the
performance of tasks, with a description of the conditions for filling jobs and
a description of the tasks involved in individual positions.
The Act
systemising jobs in the National Council is adopted by the National Council on
the proposal of the Council's secretary. The internal organisation of the work
in the office of the National Council and its remit are governed by the Rules
on the internal organisation and systemisation of jobs in the office of the
National Council. It is composed of three internal organisational units: the
secretariat, legal service and the office of the president.
The
systemisation of jobs in the National Council is an annexe to the Rules on the
internal organisation and systemisation of jobs in the office of the National
Council. The systemisation sets out in detail the number of employees in a specific
position, its tasks, the conditions for filling positions and the coefficient
used to calculate the level of the employee's personal income.
The formal
hiring of personnel and the management of staff on the basis of the PSA are
conducted in state bodies in compliance with a staff plan, which the head of staff at the National Council must
submit to the proposed budget, and must also be harmonised with the budget.
The staff
plan is a document that shows the actual situation of employment levels by position,
and in line with the working area and programme of the body, it determines for
two years the envisaged target employment level by position for which permanent
employment and envisaged fixed-term employment is offered.
It should
be stressed, however, that the planning of new employment is only possible in
the event of a permanent or temporary increase in the volume of work, and this
increased volume cannot be performed by the existing number of public servants.
Before the
head of the Council decides to take on new employees, he verifies whether it is
possible to fill the vacant position by transferring public servants from the
same body. If this is not possible, the position can be filled by transferring
public servants from another body, and to this end an internal advertisement is issued. This procedure is carried out in
state administration bodies such that it also covers other state bodies and
local community administrations, for which state bodies and local communities
conclude a special agreement.[2]
If a public
servant from the same or another body cannot be transferred to the vacant
position, the procedure for new employment is set in motion with a public advertisement.[3]
Public
advertisements are posted in the Official Gazette of the
From all
the candidates that apply a selection is made of those who on the basis of submitted
evidence fulfil the conditions of the advertisement, and they are thereby
placed in the selection procedure.
The number
of employees in the National Council is small,[4] so the selection procedure
is conducted by the head – the secretary – himself.[5] In respect of formal
employment of staff in the office of the National Council, the Council's
secretary has the right and duty of a head of department in compliance with the
Public Servants Act.
The
selection of candidates is carried out in a selection procedure that tests the
ability of the candidate to perform tasks in the clerical position. The
procedure may be conducted in several stages, in order to gradually filter out
candidates. Testing may be carried out in the form of testing professional ability
indicated in the documentation submitted by the candidate, a written test of
ability or in some other form.[6]
When the
procedure is finished, the candidate that has convinced the committee as being
most capable is then selected.
It should
be stressed that this kind of open competition must be performed throughout the
state administration, irrespective of what position is being filled, in other
words irrespective of whether it is a vacant clerical position or a
professional/technical position.
Following
selection, a contract of employment is made with the candidate.
Public
servants in the National Council may not be contractually required to work a
weekly schedule exceeding 40 hours. If they do work beyond the legally provided
number of hours, they may in agreement with the head (the secretary) take the
excess hours in the form of a day off, leaving work early and similar.
The
employment contract also sets out the level of personal income for the public
servant, and this is regulated for all public servants by the Act Regulating
Salary Levels in Public Institutes, State Bodies and Local Community Bodies;
this act provides that the level of personal income depends on the level of
professional education and on the demands of the job.
Clerical
staff selected through a public advertisement are appointed the lowest job
title under which the work in the specific clerical position may be performed,
and in accordance with the career principle, once they fulfil the conditions
they may be promoted to a higher job title in that position.
With the
aim of promoting career paths, clerical staff employed in the National Council
are assessed once a year, and the assessments of their work form the basis for
deciding on the staff member's promotion to a higher job title. Public servants
are assessed by their superiors in compliance with the provisions of the Public
Servants Act and the Rules on the promotion of employees in the National
Council.
b) Relationship between the political body and
the National Council office
The
National Council of the Republic of Slovenia is composed of 40 councillors,
comprising 4 representatives of employers, 4 representatives of employees, 4
representatives of farmers, craft establishments and independent professions, 6
representatives of non-commercial activities and 22 representatives of local
interests. These people attend to the interests of the areas they represent in
special interest groups, while the National Council also sets up permanent and
temporary committees.
National
councillors perform this function in a non-professional capacity, and do not
receive any personal income for their services, but simply a reimbursement for
the loss of earnings for the time they perform the function and a reimbursement
of expenses linked to this function.
The duty of
councillors is that in their work in the National Council they represent the
interests of the group that elected them and not the interests of individual
political parties.
Following
confirmation of their mandates, councillors elect from their own number a
president and vice-president of the National Council, and appoint a National
Council secretary from among the staff of the Council's office.
The president of the National Council has no
influence on the composition of the National Council's office. Indeed it is
composed of public servants who have been selected for their positions through
internal or public job advertisements, and their employment contracts are not
tied to the term of the National Council president or to the term of the
National Council as a whole. Nevertheless the president can influence the
selection of the National Council secretary,
who is appointed by the National Council on the president's proposal.
The
Secretary of the National Council is an official who cooperates closely with
the president (as well as vice-president) of the National Council, in other
words this must be a person whom the president trusts, and therefore the
secretary's term in office is tied to that of the president, while the
secretary is answerable for his work to the entire Council.
The
National Council's mandate is for 5 years, but the president comes up for
re-election after two years. Regardless of whether the president is re-elected
or the councillors elect a new president, the secretary must also be
re-appointed. If the incumbent secretary is not re-appointed, he may return to
the position held in the National Council's office prior to appointment as
secretary.
The task of
the secretary is to manage the office of the National Council, by organising
sessions and ensuring the conditions for the work of the National Council, its
committees and special interest groups, and by helping the president and
vice-president to prepare and conduct National Council sessions. The
secretary's duties also include drafting the proposed budget for the work of
the National Council and managing the National Council office, as well as
supervising the work performed by this office. The tasks of the National Council
office are:
q
examining
the materials for sessions of the National Council and its committees,
examining initiatives made by National Council members, formulating
professional opinions and advising the president of the Council, the heads of
working bodies and Council members,
q
drafting
decisions and composing the minutes of Council committees,
q
monitoring
the work of the National Assembly,
q
cooperating
with the professional services of other state bodies,
q
cooperating
with state and municipal administrative bodies and other organisations and
associations as the foremost representatives of social, economic, professional
and local interests,
q
administrative
and technical tasks,
q
financial
and accounting services, and many other tasks.
c) Does the National Council secretary hold the
main responsibility for the office?
The
secretary of the National Council manages the Council's office, and is at the
same time answerable to the Council for the work of the office.
The
secretary is assisted by an assistant selected from among Council advisers by
the secretary and confirmed by the National Council. The National Council
secretary currently has two assistants, one who deputises for the secretary
during his absence, and one for the legal sphere. They are both public servants.
The work of
the National Council is conducted not only in sessions of the entire body, but
also and primarily in the sessions of special interest groups and the permanent
and temporary working bodies.
The
committees must deal with matters from their working area and material
allocated to them by the National Council president for their deliberation, and
draft a report with proposed resolutions for the National Council to decide
upon in its sessions.
Committee
sessions are prepared, called and chaired by the committee head, who is
assisted by the committee secretary. Other tasks of the committee secretary are
to assist the head in coordinating work with other committees, ensure the
preparation of materials for committee sessions, prepare minutes of sessions
and other tasks required by the committee head.
Committee
secretaries are appointed by the National Council in an open ballot on the
proposal of the National Council president, after prior consultation with the
committee head.
Committee secretaries
are answerable both to the heads of the committees, since they are appointed on
the proposal of the National Council president after prior consultation with
the committee heads, and to the National Council secretary, who manages the
office. The National Council's rules of procedure provide that the provisions
for electing and appointing National Council officers should also be
appropriately applied for dismissal procedures.
d) The work of the National Council and
National Council services
The work of
the National Council is tied to the work of the National Assembly, so the
National Council convenes for the same period as the National Assembly, that is
from January to the middle of July and from the middle of August to December.
The councillors meet in session approximately once a month, and sessions last
around 4 hours.[7]
In addition to this, councillors meet at least once a month at special interest
group sessions and in sessions of the committee of which they are members.
Special
interest groups may formulate a position regarding individual matters that are
on the agenda of the National Council and committee sessions, while the role of
the committees is to deal with matters within their working area and material
given to them by the National Council president for deliberation, and to draft
a report with proposed resolutions for the National Council to decide upon in
session.
Assistance
for councillors in their work and for the National Council in general is
offered by the National Council's office, which comprises approximately 24
staff. Special interest group and committee sessions are conducted by their
heads, who are expressly aided by the interest group or committee secretary.
The
secretary agrees with the head on the agenda, ensures that all councillors
receive materials before the session of the body, assists in sessions to
achieve the proper formulation of resolutions, sends them to the competent body
and drafts the minutes. As a professional staff member the secretary also
ensures that sessions are conducted in compliance with the rules of procedure,
and advises in the event of complications.
All
National Council bodies and the Council itself may only pass decisions if
sufficient members are present.
The
National Council adopts decisions when there are 21 of the total 40 members
present. In the same way, a quorum is also needed for decisions to be passed at
sessions of special interest groups and committees, where again a majority of
members must be present.
Despite the
small numbers of councillors and of staff in the National Council's office,
this body is very active.
In the
previous mandate the National Council therefore
q
dealt
with 294 substantive points in plenary sessions,
q
submitted
11 legislative initiatives for procedure in the National Assembly,
q
communicated
to the National Assembly 41 opinions on matters within its competence,
q
during
this period the eight National Council committees held a total of 370 sessions,
in which they formulated 335 (including interest group opinions) opinions on
legislative proposals and other acts, and communicated them to the central
working bodies of the National Assembly,
q
required
22 times that in view of individual legislative solutions and provisions, the
National Assembly decide again on them prior to promulgation of a law,
q
proposed
to the National Assembly the adoption of an obligatory explanation of three
laws,
q
exercised
the right to submit to the Constitutional Court a request for initiation of the
procedure for assessing the constitutionality and legality of 12 regulations
and general acts,
q
deliberated
over 222 initiatives, questions and proposals from National Councillors and 23
initiatives and questions from National Council committees,
q
adopted
two requests for the National Assembly to order a parliamentary investigation,
q
organised
127 consultations, public debates, round tables, working meetings, press
conferences and presentations of specialist books, 48 specialist lectures on
legal and other current topics given by acknowledged foreign and domestic
experts, three young people's National Council sessions, and presented the work
of the National Council in 65 radio broadcasts.
e) The relationship between parliamentary
administration and the legislative procedure
The work of
the National Council could not proceed without its office.
The duty of
the National Council's office is to acquaint councillors with the work of the
National Assembly and the Slovenian government, especially in the legislative
area. The office arranges for councillors to receive the official material and
information councillors require for their work. The office ensures that the
National Council, special interest groups and committees act and adopt
decisions in compliance with the law and the rules of procedure, and that they
are involved in the work of the National Assembly as soon as this is possible.
Staff of
the National Council services perform professional, administrative and other
tasks relating to the work of the National Council, its committees and special
interest groups and members of the National Council. The office organises
sessions, prepares specialist and other material and data necessary for the
work of the Council.
Where a
special interest group or committee desires the presentation of an individual
legislative proposal, the National Council office ensures that councillors
obtain official opinions or that proposals and opinions are presented in
session.[8]
f) Latest changes to parliamentary
administration
In May 2004
Slovenia will become a full member of the EU, and is preparing intensively for
this event. To this end the National Assembly has already amended the
Constitution, and at this moment the legislative procedure is in progress for
the adoption of a law that will govern relations between the National Assembly
and the Slovenian government in EU affairs, primarily regarding notification,
and we trust that the National Council will also be included in this.
The work of
the National Council is already to a large extent conducted via e-mail, and the
majority of data is also stored electronically.
The
majority of information in connection with the EU will within state bodies
probably be exchanged in electronic form, but this should present no problems
for the National Council's office, since the staff are computer literate, and
where necessary they will be provided with further training.
The
National Council ensures in general the continuous further training of its
staff, particularly in the form of attendance at various seminars, courses
organised within the National Assembly and education at the Administration
Academy.
In the same
way the National Council ensures that its employees and also the wider public
are familiarised with the latest topics that are not tied strictly to state
bodies. It recently organised a consultation on renewable energy sources and
biomass, and also organised consultations on genetically modified food and the
effect of genetically modified organisms on the environment, on the introduction
of VAT, the media, health and more. Many of these consultations also saw the
participation of foreign experts. The National Council will continue these
activities in the future, although only to the extent that the budget allows.
The powers of
the National Council as granted by the Constitution are
- to
propose to the National Assembly the adoption of laws;
- to give
the National Assembly opinions on all matters within its competence;
- to
require that prior to the promulgation of any law, the National Assembly take
another decision on it;
- to
request the calling of a legislative referendum;
- to
request a parliamentary investigation.
Given its
constitutional powers, the National Assembly may not adopt laws, but it can
participate in the legislative procedure and in this way also influence
Slovenian legislation. However, under the Constitution the National Council has
no influence over the working and responsibility of the government, which will
play the leading role in EU affairs following accession. Nevertheless, if the
influence of the National Assembly on the working of the government in
procedures of decision-making in the EU, as determined by the Constitution,
should (at least partly) make up for the loss of the legislative function of
parliament owing to the powers of the EU, then it would be sensible to provide
the National Council with appropriate influence over the working of the
government, since the government cooperates with the Council on behalf of the
country in decision-making in the Union. If the National Council therefore has
a certain inward influence on the implementation of the legislative function,
it should also have this as an outward influence, since the exercising of the
special interests represented by the National Council is important irrespective
of the level of decision-making. Of course the National Council cannot
influence the working of the government directly, since the Constitution does
not provide it with any relationship with the government, but it may do so
indirectly via its influence on the adoption of positions in the National
Assembly, which in turn the government should take into account in its
functioning in the EU.
[1]
Unless otherwise provided by a special law
[2] For
state administration bodies the agreement is concluded by the government.
[3]
Article 57 of the PSA
[4] Around 24 employees
[5] 60/3
PSA
[6]
Article 61 of the PSA
[7] The average number of hours in the
first nine National Council sessions in the third mandate