National assembly a)
The status of the Parliamentary
administration: is it part of the civil service (or equivalent), or an
independent and special administration, with its own rules on salaries,
pensions, career development? The status
of the staff employed in the services of the National Assembly of the Republic
of Slovenia is equal to the status of the staff employed in the public service
and other state authorities (state administration, local communities
administration, National Council, Constitutional Court, the Judiciary etc.). For all
persons employed in the public sector, employment relations are regulated by
the Civil Servants Act that determines the basic provisions and principles, the
provisions concerning the organisation, disciplinary and compensation
liability, the beginning and termination of employment as well as positions and
titles, appraisal of employees, promotions and recognitions, education and
training, qualification exams, and the establishment of incapacity for work.
The Civil Servants Act allows the possibility of different legal regulation for
certain categories of officials or civil servants, if such is necessary due to
the specific nature of their tasks (e.g. employment in deputy groups). The
National Assembly adopts general acts to regulate the organisation and work of
the services carrying out expert, administrative and other technical tasks
necessary to provide the conditions for the work of the National Assembly, such
as the Ordinaqnce on the Organisation and Work of the Services of the National
Assembly and the Rules on the Organisation and Job Systemisation in the
services of the National Assembly. At the
moment, wages of civil servants are still regulated by the Wage Ratios in
Public Institutions, Government Bodies and Local Community Bodies Act which
defines the basic wage structure, regulates the promotions and performance
appraisal of civil servants and determines supplements to wages. In addition to
the said Act, there 40 more regulations regarding wages in the public sector
which altogether lead to a lack of transparency and impossibility of
comparisons among wages in the public sector. In June 2002 a new act on the
wage system in the public sector was adopted to come into force on 1 January
2004. The new act introduces a joint wage system for civil servants and senior
officials and defines appropriate ratios between their wages, meaning that the
wage system in the public sector will be more transparent and easy to monitor
in terms of public finance. As far as
pension and disability insurance is concerned, civil servants are part of the
national pension and disability insurance system. Since 1 August 2003 a collective
supplementary pension insurance is being introduced for all civil servants. Although
the legal basis regulating the status of civil servants is the same for all
employees in state authorities, it should be stressed that the National
Assembly is absolutely autonomous in terms of human resources (selection of
leading and other staff, number of posts, evaluation of posts, definition of
working conditions etc.) and in terms of finance – as an independent recipient
of budgetary funds, the National Assembly is independent in preparing its
financial plans, including the funds intended for wages, and monitoring the use
of such funds. b) Relations between the
political bodies and the Parliamentary administration The basic
relations between the National Assembly (hereinafter: NA) as a political body
and the administration are determined in its Rules of Procedure. There are
provisions on: −
the
definition of the services of the NA: » Rule 26 The services of the National Assembly perform specialised,
administrative and other activities and technical tasks that provide the
conditions for the work of the National Assembly.” −
the
relations between the administration and the Secretary General: “Rule 25 (1) The Secretary General of the National Assembly (hereinafter
referred to as Secretary General) runs the services of the National Assembly
and performs other tasks provided by regulations, these Rules of Procedure and
other acts of the National Assembly. (2) The Secretary General is appointed by the National Assembly
at the proposal of the Bureau for the time until the end of the term of the
National Assembly which appointed him. (3) In his work, the Secretary General is accountable to
the National Assembly...”. −
acts
that determine the internal organisation and system of positions in the NA: “Rule 287 The Act on Internal Organisation and System of Positions in
the National Assembly is adopted within two months from the coming into force
of these Rules of Procedure. Pending the adoption of such act, the Ordinance on
the Organisation and Work of the Services of the National Assembly (Official
Gazette of the Republic of Slovenia, Nos. 19/97 and 124/2000) and the Rules on
the Organisation and System of Positions in the National Assembly apply, unless
contrary to these Rules of Procedure. The
Secretary General, appointed by and accountable to the NA, heads the services
of the NA. The Secretary General performs his/her duties autonomously in accordance
with the provisions of the Rules of Procedure. The Secretary General is
assisted by: -
the
Deputy Secretary General (Head of the Secretariat of the NA; the Secretariat of
the NA carries out professional, organisational and administrative tasks relating
to the work of the NA and its working bodies), -
three
Assistants to the Secretary General (Head of the Research Sector, Head of the
Information and Documentation Sector, and Head of the Operational and Technical
Sector), -
Office
of the Secretary General (includes: Finance and Accounting Department,
Personnel Department, Protocol Department, Internal Auditor, Security Adviser,
Legal Adviser), -
Head
of the Legislative and Legal Service of the National Assembly. With the
exception of the Head of the Legislative and Legal Service, all the above
persons are accountable to the Secretary
General who chooses among the candidates and proposes their appointment to
the Commission for Mandates and
Elections (a special working body of the NA). The Commission for Mandates and Elections appoints them upon the recommendation of the Secretary General (such rule applies to all civil servants
in the NA administration). Considering
the spirit of the new Civil Servants Act, the new Act on Internal Organisation and System of Positions in the National
Assembly (Rule 287 of the Rules of Procedure) will modify the procedure of
appointment of civil servants in the NA. Appointments will probably be left
within the sole responsibility of the Secretary General. The Legislative and Legal Service of the
National Assembly has a special status within Parliamentary administration.
The head of the service is a senior officer with limited term of office
(corresponding to the term of the NA), appointed by the Bureau at the proposal
of the President and accountable to the
NA. For
details, see Article 27 of the Rules of Procedure: “Rule 27 (1) The National Assembly
comprises a Legislative and Legal Service which delivers opinions on the
conformity of draft laws, other acts and amendments with the Constitution and
the legal system, and on legislative and technical aspects of drafts
(hereinafter referred to as Legislative and Legal Service). (2) The Head of the
Legislative and Legal Service is appointed by the Bureau at the proposal of the
President of the National Assembly.” The new Act on Internal Organisation and System
of Positions in the National Assembly
(Article 287 of the Rules of Procedure) has not been adopted yet and at
the moment the Ordinance on the
organisation and work of services of the National Assembly of the Republic of
Slovenia (Official Gazette of the Republic of Slovenia No. 19/1997) and the
Act on the System of Positions (of
1997) apply. The National Assembly adopted the above ordinance at its plenary session in
1997. In the same year, the working body
of the NA responsible for mandates, elections and administrative affairs gave its consent to the Act of the System of Positions. According
to the said ordinance, a special working body of the NA – the Commission for Mandates and Elections – appoints civil servants of higher ranks. Every
Slovene citizen with adequate education and working experience may apply for
the posts in Parliamentary administration. After the candidates have been chosen by the Secretary General on
the basis of competition, they are appointed
(and eventually discharged) by
the Commission for Mandates and
Elections (this rule applies for civil servants only and does not apply to
technical and administrative posts). Civil servants that work for deputy groups are chosen by
deputy groups and – at their proposal – appointed by the Commission for Mandates and Elections. These civil
servants must fulfil the conditions required by the posts for which they apply
(provided by the Act on the System of Positions, e.g. education, working
experience, special knowledge etc.) and are supposed to be of the same
political affiliation as the deputy group for which they wish to work. They are
usually appointed for a limited period
of time: for one term of the
NA. They are accountable to the deputy group (its leader), but they must work
and behave in accordance with the
general rules applied in the NA (Civil Servants Act, Rules of Procedure,
ordinances of the NA, rules determined by the Secretary General). Until the expiry of the
current term of the NA, each deputy group may recruit one administrative
secretary or expert assistant per deputy (until October 2004). The Speaker/President of the NA has a
decisive word in choosing the Head of
the President Office. Civil servants who work for the working bodies – committees and commissions – must
be experts on their specific fields. They are accountable to the Secretary General as head of Parliamentary
administration as well as to the
chairpersons of the working bodies, but not in a political sense. They must
work and act in the interest of all members of the working bodies, although the
major part of the work and activities is performed by the chairpersons of the
working bodies who coordinate all the operations within the working bodies and
maintain relations with other institutions. Civil servant must help them by
providing information and organisational and administrative assistance in
accordance with the Rules of Procedure. Table 1: Number of persons employed in the services of the National
Assembly
Note: * Article 16 of the Ordinance on the
Organisation and Work of the Services of the National Assembly: »To each deputy group, the National
Assembly provides a secretary of the deputy group, two specialised staff
members and an assistant, as well as one additional assistant per every eight
deputies; to deputy groups consisting of more than eight deputies, the National
Assembly provides an additional specialised staff member per every six
deputies.« The above
posts are determined also in the Rules on the Organisation and System of
Positions in the Services of the National Assembly and differ from those of
other employees in the services of the National Assembly only in their duration
– employment in deputy groups is temporary and terminates with the expiry of
the parliamentary term. Pursuant to
Article 17 of the Ordinance on the
Organisation and Work of the Services of the National Assembly, each deputy
group is entitled to additional expert
assistance. Additional expert assistance to deputy groups is provided with
the funds the groups are granted for such purpose by recruiting specialised
staff members on temporary employment contracts, by concluding work contracts
with individuals or legal entities, by concluding copyright contracts or by
hiring students. Until 2004, for each deputy, his/her deputy group will be
granted - as funds for additional expert assistance - an amount corresponding
to a monthly salary of an adviser to the National Assembly. Pursuant to
the Article 17, employment contracts are concluded for the time necessary to
carry out the relevant work, yet no longer than until the cessation of the
deputy group or termination of the deputies’ term of office. The table
below indicates the number of persons employed in deputy groups pursuant to
Article 17. Table 2: Number of persons pursuant to Article 17
The leader
of the deputy group decides on the conclusion of employment contracts pursuant
to Article 17 and on the selection of the applicants. Contracts are concluded
by the Secretary General who represents the National Assembly (deputy groups
are not legal entities). If expert
assistance is provided through work contracts, the work performed in such
manner is reviewed and approved by the leader of the deputy group, which is
also the basis for the issuing of the contractor’s bill and the payment
thereof. The funds
intended for expert assistance are planned and approved in the budget of the
National Assembly. c) Does the Secretary General have the chief responsibility and
accountability for the administration? Or are these shared with other senior
officers? The Secretary General is responsible for the organisation and
work of the administration and accountable
to the NA. With regard to the Legislative and Legal Service of the National
Assembly, both the Secretary General and
the Head of the Service are responsible
for the work of the Service. The Head of the Service is accountable to the NA.. The Deputy Secretary General and the three
Assistants to the Secretary General (see above) are responsible for the
work of their sectors/departments and are accountable
to the Secretary General. Civil servants who work for the working bodies – committees and commissions – must
be experts on their specific field. They are accountable to the Secretary General. For their work, they are also
accountable to the members and chairpersons of the working bodies, particularly
with regard to the adequate application of the Rules of Procedure. Chairpersons
can complain, with regard to their work, only to the Secretary General. The
Secretary General is the sole person authorised to take disciplinary measures
against them. In
accordance with the Act on the System of Positions, all civil servants
(particularly those of higher ranks) are expected to act autonomously within their responsibilities and mandate. They
are responsible for the adequate, proper and due carrying out of their duties.
They are expected to perform all the activities within their powers which are
necessary for a smooth performing of everyday activities in the NA, its working
bodies, parts of the parliamentary administration. They are expected to
coordinate their work between different offices when necessary. For details
see Organisation chart of the NA – Appendix 1 d) The Parliamentary workload, and consequently the administration
workload – statistical data The
National Assembly has 90 deputies – 88 are representatives of all Slovenian
citizens, 2 are representatives of the Italian and Hungarian national
communities (minorities). The
National Assembly meets in regular and
extraordinary sessions. Regular sessions are called during regular annual
terms of the National Assembly: during the spring term between 10 January and
15 July, and during the autumn term between 1 September and 20 December. (Rule
6 of the Rules of Procedure). Table 3: Statistical data on the
work of the National Assembly in 3rd parliamentary term (October 2000 – 15 July
2003) - sessions
Source:
- Reports on the National Assembly’s work in the parliamentary term 2000 – 2004
for 2000, 2001, 2002; - National Assembly database in Lotus
Notes Table 4a: Laws discussed by the
National Assembly (October 2000 – year 2001)
Source:
- Reports on the National Assembly’s work in the parliamentary term 2000 – 2004
for 2000, 2001; Table 4b: Laws discussed by the National Assembly (2002 – 2003 till 15
July)
Source:
- Report on the National Assembly’s work in the parliamentary term 2000 – 2004
for 2002; -
National Assembly database in Lotus Notes Table 5: Other acts discussed by the National Assembly (October 2000 – 15 July
2003)
Source: - Reports
on the National Assembly’s work in the parliamentary term 2000 – 2004 for
2000, 2001, 2002; - National Assembly
database in Lotus Notes Table 6: Activity of the working bodies (sessions) in 2000, 2001, 2002,
2003*
Source:
Data provided by the secretaries of the working bodies, collected and sorted by
the Research Sector Note: * - The year 2003 comprises data until 15 July. The basic
principles and duties of working bodies of the National Assembly are determined
by the Rules of Procedure and by ordinances on the composition and election of
working bodies of the NA. The activities of the working bodies are rather
formalised (this applies to responsible standing committees, for commissions on
inquiry, supervisory commissions). The Rules
of Procedure determine that “working bodies are
established in the National Assembly to monitor the state of affairs in
individual areas, to prepare policy decisions in such areas, to formulate
positions on particular issues and to discuss draft laws and other acts of the
National Assembly”.
(Rule 32) Further on,
the Rules of Procedure determine in detail the tasks of the working body. “The
working body responsible” must draw up a report concerning the discussion
of a particular issue and must send it to the President of the National
Assembly. Such report includes: -
“the subject matter of the debate and the
proposals made during the debate, -
the positions adopted with regard to the opinions
of the working bodies concerned, the Legislative and Legal Service, the
National Council, the President of the Republic and the Government, -
the positions regarding the proposals given during
the debate, -
the opinion delivered by the working body responsible, including the proposed
decisions to be adopted by the National Assembly, -
separate opinions if so required by individual
members.” (Rule 42) Working
bodies may request data and information: “Rule 45 (1) Within its scope of work, a working body may ask the
Government and other state authorities as well as public institutes, public
enterprises and public funds founded by the state, to provide explanations and
information which it needs to perform its tasks.” The working
bodies (standing committees) responsible play an important role in the second reading of the legislative
procedure: In the
second reading, individual articles or parts of the draft law are discussed and
voted on. The second
reading is held first within the working body responsible. Amendments
to the draft law may be tabled by deputies, a deputy group, the working body
concerned and the working body responsible for public finances, as well as the
Government where it is not itself the proposer of the law. Amendments
are tabled in writing, in normative form, together with an explanation stating
the reasons for the amendment, the implications for the state budget and other public
finance resources, as well as other consequences that the adoption of the
amendment might have. The working
body responsible may adopt its own amendment. After the
discussion of amendments and articles within the working body responsible, a
new draft law is drawn up including the draft law ready for the second reading
and all the adopted amendments. The new draft law is part of the report drawn
up by the working body responsible for the second reading of the draft law.
(Rules 125 - 133) The
Parliamentary administration provides working bodies with all the necessary
services: secretarial work, advice on procedure, writing reports, additional
documentation, research papers upon request, verbatim records, access to
databases in the NA information system and to databases on the Internet,
dictionaries etc. e) Relations between the Parliamentary
administration and the legislative process All parts
of the Parliamentary administration support the lawmaking process, some of them
directly, some indirectly. Secretary General of
the National Assembly The
Secretary General organises and coordinates the work of the services in
carrying out tasks for the National Assembly, its working bodies and deputies,
ensures the uniform functioning of the services, ensures the development of the
organisation and work and carries out other tasks in accordance with the Rules
of Procedure of the National Assembly and other regulations and general acts. Secretary
General helps the President with legal advice in performing his/her tasks in
the lawmaking process. Source: Rules of Procedure,
Ordinance on organisation and work of services of the National Assembly of the
Republic of Slovenia Office of the
Secretary General The Office
of the General Secretary carries out professional and administrative tasks for
the Secretary General. Civil servants in the office usually do not work
directly for the NA in the lawmaking process but help the Secretary General in
carrying out his/her tasks. The Office of the Secretary General comprises: -
a
financial and accounting department -
a
personnel department -
a
protocol department, -
a
security adviser, -
an
internal auditor, -
a
legal adviser. Source: Ordinance on
organisation and work of services of the National Assembly of the Republic of
Slovenia, Act on the System of Positions Secretariat of the
National Assembly The
Secretariat is directly involved in the lawmaking process. The
Secretariat (secretaries of the working bodies and experts – all with university
degree in law, political/social sciences, economics, etc; administrative
secretaries) carries out professional, organisational and administrative tasks
relating to the work of the National Assembly and its working bodies, examines
problems and proposals of laws and other acts submitted for adoption by the
National Assembly, delivers expert opinions and takes a position thereon,
prepares reports, resolutions, analyses and information, prepares expert basis
for the formulation of opinions or replies by the National Assembly to the
Constitutional Court of the Republic of Slovenia in the procedures for the
review of constitutionality and legality of acts, prepares expert basis for the
decisions by the National Assembly in connection with the compulsory
interpretation of laws and other acts of the National Assembly, formulates
expert basis in connection with policy-making in a specific area and monitors
its implementation, carries out administrative and secretarial work and
provides deputies and other interested parties with information related to the
work of the National Assembly and its working bodies. The secretariat organises
the necessary contacts with the Government and individual ministers, other
external bodies and authorities (also local government authorities where the
Rules of Procedure require an opinion on draft laws from local government
institutions), NGOs etc. Civil servants in the Secretariat prepare notes (and
an expert opinion in most cases) and information available on issues connected
with draft legislation. They must offer advice to the chairpersons and members
of the working bodies about the provisions of the Rules of Procedure. Civil
servants in the Secretariat provide for the databases of the lawmaking process
as well as for the databases of the working bodies’ sessions. They enter all
the documents discussed in the lawmaking process into the databases of the NA
information system in Lotus Notes environment. The Head of
the Secretariat of the NA is the Deputy
Secretary General. He/she organises and coordinates the work of the
Secretariat and, assisted by the secretaries of the working bodies, provides
for the accuracy, correctness and timeliness of the documents in the lawmaking
process. Source: Rules of Procedure,
Ordinance on organisation and work of services of the National Assembly of the
Republic of Slovenia, Act on the System of Positions Legislative and Legal
Service In
accordance with the powers conferred to it by the Rules of Procedure of the NA,
the Legislative and Legal Service examines – with a view to ensure conformity
(consistence, compliance) with the Constitution and the legal system as well as
a uniform expert and methodological approach in the procedure to adopt laws and
other regulations in the National Assembly – all laws and other regulations
that are submitted for adoption by the National Assembly and provides the
Assembly and its working bodies with expert opinions thereon. It prepares the
expert basis for the formulation of opinions or replies by the National
Assembly to the Constitutional Court of the Republic of Slovenia in procedures
for the review of constitutionality and legality of acts and prepares the
expert basis for decisions by the National Assembly regarding the compulsory
interpretation of laws and other acts of the National Assembly. The
Legislative and Legal Service consists of lawyers with university degree and
state legal exam. Source: Rules of Procedure,
Decree/Ordinance on organisation and work of services of the National Assembly
of the Republic of Slovenia, Act on the System of Positions Research Sector The
Research Sector prepares expert analyses concerning issues relating to the work
of the National Assembly, its working bodies and other services of the National
Assembly, and in particular, comparative reviews in connection with specific
legal solutions, provisions of the Rules of Procedure, the status of deputies
and the functioning of the parliament. The papers
prepared by the Research Sector are mostly used in the lawmaking process as
additional material. In most cases, when draft laws are forwarded by
deputy/deputies and »a presentation of
the regulation in other legal systems” (at least three legal systems of EU Member
States) “and of the harmonisation of
the proposed regulation with the acquis communnautaire” as provided by Rule 115 of the
Rules of Procedure for draft laws is necessary, comparative overviews are
prepared by the Research Sector on special request by deputies. The
Research Sector’s papers are often used in debates of the working bodies (as
expert basis), too. Civil
servants employed in the Research Sector must have university degree or higher
level (master, PhD.) of education – in law, social and political sciences,
economics, environmental sciences, history etc. They all have foreign
language skills (at least two). Source: Rules of Procedure,
Ordinance on organisation and work of services of the National Assembly of the
Republic of Slovenia, Act on the System of Positions Information and
Documentation Sector This sector
heads and coordinates issues regarding the development of the information
system, documentation and library tasks, and work with documents and mail. They are
indirectly involved in the lawmaking process: the Documentation and Library
Department provides documents and publications upon request by deputies,
working bodies, experts etc. The Department for the Development of the
Information System provides for the computerisation of the legislative
procedure within the Lotus Notes application (for documentary bases) and for
the electronic voting system. This sector
provides for the webcasting of plenary sessions, produces audio and video
signals from the plenary room and audio signals from the working bodies'
meeting rooms and passes signals to broadcasters. Source: /Ordinance on organisation
and work of services of the National Assembly of the Republic of Slovenia, Act
on the System of Positions
Technical Operations
Sector This sector
heads and coordinates the maintenance of the building, receptionist and
telephone services, transport and catering services. The Technical Operations
Sector has the following departments: investment department, transport
department, catering department and the department for receptionist and
telephone services. They have no special role in the lawmaking
process. Source: Ordinance on
organisation and work of services of the National Assembly of the Republic of
Slovenia, Act on the System of Positions Office of the
President of the National Assembly The Office
of the President carries out professional, organisational and administrative
tasks for the President and the Vice-Presidents of the National Assembly. No special tasks are envisaged in the lawmaking
process. Source: Ordinance on
organisation and work of services of the National Assembly of the Republic of
Slovenia, Act on the System of Positions Information Department
Provides
information to the public about the work of the National Assembly and its
working bodies, ensures the conditions for representatives of the media to
carry out their work within the Assembly, monitors media reporting on the work
of the National Assembly and sees to the issue of the NA bulletin and other
publications. In cooperation with the individual departments it prepares the
necessary explanations in accordance with the regulations on the provision of
information to the public and proposes or prepares information and reports
which are of interest to the general public. No special
tasks are envisaged in the lawmaking process. Source: Ordinance on
organisation and work of services of the National Assembly of the Republic of
Slovenia, Act on the System of Positions Deputy Groups –
services Since 1997
every deputy group has had its own service to help deputies in their activities
in the NA. Civil servants and other persons who work for deputy groups prepare
political and expert documents, opinions, amendments, consultations for the
group and for individual deputies. f) Latest changes in
Parliamentary administration Significant
changes to the organisation and functioning of Parliamentary administration
have been made or planned: −
since
1996 the working process (preparatory work, sessions, documents produced on
sessions – of the plenary and of working bodies) has been entirely computerised.
All documents are entered in the databases of the information system of the NA.
Computerisation of the legislative procedure has become a compulsory framework
for the production, entry and use of documents prepared during the legislative
procedure. All documents should be accessible in a common and user-friendly
environment enabling fast and simple insight into different registers, lists
and reviews (in a network, not locally). The users of the information system
also have access to the Internet and to special databases (Slovene and some
other countries' legislation, dictionaries, databases of the Official Gazette
of the Republic of Slovenia, Constitutional Court's databases etc.); −
in
1998 the Research Sector was established to help MPs with quality information
in their everyday tasks as deputies and provide specific information for
working bodies, the NA and the Secretary General; − after 1995 the first discussions
about the process of harmonisation of Slovene legislation with the acquis communautaire began. As
legislator, the National Assembly played a decisive role in the process of
harmonisation and Parliamentary administration thus had to adapt to the new
situation. An extensive project of expert staff training was carried out so
that the parliamentary services are now able to provide expert assistance to
the political bodies of the National Assembly in the said process. In addition,
the staff is continuously trained in EU matters and institutions, individual
specific issues, foreign languages, personal development and computers; − the NA established the Commission
for European Affairs ( −
in
the spring of 2003, the Slovene Constitution was amended to determine the role
of the National Assembly and the relations between the National Assembly and
the Slovene Government in the legislative process in EU institutions. Thus,
Parliamentary administration is now in the process of adapting to new tasks and
challenges (defining the adequate role of the NA); −
following
the events of 11 September 2001, an adviser for security matters was employed; − Parliamentary administration is also
in the process of adapting to the challenges of greater openness to the
citizens – broadcasting and webcasting the activities of the National
Assembly, new forms of communication with the citizens and ensuring them to
play an active role in the political process. |