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Projects / Programmes source: ARIS

The National Assembly's Autonomy in All Aspects of Its Manifestations

Research activity

Code Science Field Subfield
5.05.00  Social sciences  Law   

Code Science Field
S110  Social sciences  Juridical sciences 

Code Science Field
5.05  Social Sciences  Law 
Keywords
Parliamentary autonomy, separation of powers, regulatory, financial, administrative and security autonomy, external autonomy, Constitutional Court
Evaluation (rules)
source: COBISS
Researchers (8)
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  25611  PhD Matija Damjan  Social sciences  Researcher  2016 - 2018  286 
2.  05827  PhD Franc Grad  Law  Researcher  2016 - 2018  478 
3.  04993  PhD Albin Igličar  Law  Researcher  2016 - 2018  717 
4.  24286  PhD Vasilka Sancin  Social sciences  Head  2016 - 2018  1,027 
5.  27793  Saša Šest    Technical associate  2016 - 2018 
6.  29372  PhD Tilen Štajnpihler Božič  Law  Researcher  2017 - 2018  119 
7.  37846  Maruša Tekavčič Veber  Law  Researcher  2017  71 
8.  22362  PhD Saša Zagorc  Law  Researcher  2016 - 2018  413 
Organisations (2)
no. Code Research organisation City Registration number No. of publicationsNo. of publications
1.  0583  University of Ljubljana - Faculty of law  Ljubljana  1627104  14,615 
2.  1608  Institute for Comparative Law Studies, Faculty of Law, University of Ljubljana  Ljubljana  1196294000  6,045 
Abstract
The autonomy of parliament means that the parliament is independent in its operations and is not subordinate to any other governmental authority. It is therefore the position of a representative body in a state organisation that is characterised by the body’s autonomy and independence from other state bodies. Such a position of the representative body is an expression of the principle of separation of powers, which also dictates the equality of the various bodies that carry out various functions of state power. State powers are thus divided into legislative, executive and judicial power. In a modern democratic state, the parliament enjoys a certain degree of autonomy, although this varies significantly between countries. The degree of autonomy of the parliament depends on a number of factors, primarily the position of the parliament in the constitutional organization and its powers, as well as from the actual relationships between the bodies of state power, especially between parliament and the government. The more extensive the parliament’s competences the greater its autonomy, and vice versa.   In the context of parliamentary autonomy, the representative body determines its internal structure autonomously and independently from other state agencies, as well as its organisation and mode of operation (the principle of self-organization). Parliamentary autonomy is often directly or indirectly laid down in the Constitution, particularly in the newer democracies, while in the older democracies parliamentary autonomy is a traditional institution that does not require specific constitutional guarantees. At the constitutional level, parliamentary autonomy is contained in the principle of separation of powers, but often also expressly provided for in the constitutional provisions determining the position of different branches of government and governing their mutual relations. In our system, parliamentary autonomy is contained in the constitutional principle of separation of powers and, regarding specific issues, in the constitutional arrangements of the National Assembly. Specific aspects of the National Assembly’s autonomy are specified in its rules of procedure and in certain laws (e.g. the Law on Deputies). However, some events in the recent years have shown that the regulation and understanding of the position of the National Assembly are inadequate, which became particularly evident in police investigations in the National Assembly, as well as in the budgetary constraints of the National Assembly.   Parliamentary autonomy is traditionally divided into regulatory (or procedural) autonomy, i.e. autonomy in adopting rules for its operation, the financial autonomy, administrative autonomy, autonomy in security and police matters and autonomy in external affairs (foreign policy, European affairs and international relations).   Regulatory autonomy means the right of the parliament to govern its operation with own rules. Compared with many other modern constitutions, our constitution contains rather scant regulation of organisation and functioning of the National Assembly, which, on the other hand, gives the latter a high degree of regulatory autonomy. Thus, the Constitution stipulates in Article 94 that the National Assembly’s rules of procedure are to be adopted by a two-thirds majority of the members present. Administrative autonomy is also necessary for the functioning of the parliament. It refers to the parliament’s right to decide on the organisation of its services. The position and method of operation of these services are usually governed by the parliamentary rules of procedure, which constitute the legal basis for the existence and operation of these services. Particularly important is the financial autonomy of the parliament, consisting in particular of budgetary autonomy and autonomy of parliamentary assets. Financial autonomy of the National Assembly is set out in the Constitution, laws and the rules of procedure. It may
Significance for science
The results of the research project will constitute an important contribution in the field of legal science, particularly in the area of constitutional law, and within this, especially in the area of parliamentary law. The autonomy of the parliament is a not adequately examined and defined element of the position of the National Assembly in the system of separation of powers, as laid down by our Constitution. An important contribution will also be given to the legal profession in this field, since the results of the research will provide a scientific basis for making appropriate amendments and changes to the laws and rules of procedure. It is expected that the project will contribute also to the development of international law, as the question of autonomy of palaments has yet to receive a more in-depth research and studies at a global level.
Significance for the country
The results of the research will significantly contribute to the establishment of a more appropriate relationship between the National Assembly and other basic public authorities, thereby enabling the efficient work of the National Assembly and other authorities involved.
Most important scientific results Final report
Most important socioeconomically and culturally relevant results Final report
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