Status of members

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Incompatibility of functions

The Constitution of the Republic of Slovenia (Article 100) and the Act on the National Council stipulate that members of the National Council may not simultaneously serve as deputies in the National Assembly, nor can they perform other functions in national institutions.  

 

Immunity

Immunity is an individual’s right and privilege to be exempt from the application of a certain legal regulation. It is a legal non-liability and legal protection of a person with immunity. Immunity provides the representative body with independence and allows for uninterrupted functioning.

Article 100 of the Constitution stipulates that members of the National Council enjoy the same immunity as deputies of the National Assembly. The National Council has the jurisdiction to decide on immunity.

The institution of immunity is further specified by Article 60 of the Act on the National Council, and actions and procedures of the National Council for granting or waiving immunity by Rules of Procedure of the National Council (Articles 85-92). A councillor enjoys immunity from confirmation until the end of her mandate.

 

Act on the National Council and Rules of Procedure of the National Council provide that a councillor:

  • is not criminally responsible for an opinion or a vote the councillor casts at the session of the National Council or its Commissions,
  • may not be detained, nor may a criminal procedure be initiated against the councillor without the permission of the National Council if the councillor claims immunity, except if the councillor was caught in a criminal act for which a criminal penalty exceeding five years of prison or more is laid down.

The National Council may award immunity also to a councillor who did not claim it or was caught in the described criminal act. The National Council may also award immunity to a councillor if the councillor did not claim it, if this is necessary for the performance of functions of the National Council.

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