Slovenia's experience in raising legal awareness

Slovenia's experience in raising legal awareness and protecting constitutional rights of citizens – the role of The National council
by H.E. Blaž Kavčič, Head of Delegation, President of the National Council of the Republic of Slovenia

Dear conference participants, dear guests, ladies and gentlemen,

It is with great pleasure that I have received an invitation to this conference and I am deeply honored to address you today. Please permit me to greet you all on behalf of the National council of the Republic of Slovenia and on my own behalf.

The National council is a representative body, defined in the Constitution as the body that represents social, economic, professional and local interests. Formed more than 20 years ago, the National Council has thus far always made it possible for civil society to express its needs and preferences, submit legislative proposals and influence the contents of laws and, consequently, their implementation in specific circumstances.

The National Council, as the second chamber of the Slovenian parliament, is particularly aware of the significance of mutual cooperation at local, regional and international levels, where, due to cultural characteristics, particularities, individual government systems and complexity of connections in which particular country participates, the challenge for responsible actions is that much greater. The composition of the National Council is based on the non-partisan principle and represents the interests of constitutionally defined social structures. Based on almost twenty years of operation of the National council, we can confirm the relevance of the solution which enables the non-professional politicians, but persons who are elected for their expertise and credibility, to bring fresh professional knowledge, problems and solutions as well as real life feed-back and experience into the political system.

The National Council follows the vision of the Slovenian bicameral system so as to maintain the role of the link between legislative branch of power and civil society. Moreover, in discussions related to the relevant legislation, it also takes account of the initiatives put forward by a number of experts, particularly in terms of sensitivity to the issue of constitutional rights of citizens.

The National Council transfers initiatives from our civil society partners into the public space and justifies some of the expectations of the architects of the Slovenian Constitution regarding the National Council as the integration point of civil society and the political sphere. Personally, I consider the role and the status of the National Council as an innovative idea of the authors of the Slovenian Constitution, the majority of whom belonged to the circles of most influential intellectuals, writers, legal experts. Experience shows that through the National council civil society can express its needs and preferences, submit legislative proposals and influence the final form of laws, and consequently, their implementation in specific circumstances. In this context, the National Council contributes to the reduction of the democratic deficit resulting from narrow partisan and political interests typical of the current structure of parliamentary democracy, and enhances democratic participation, integration and the trust of citizens and democracy in general.

Within the parliamentary system, we thus have a parliamentary chamber not controlled by political parties. Moreover, the National council represents an opportunity to promote an equilibrium-producing and safeguarding mechanism based on the standpoints of non-professional politicians and representatives of the constituent parts of society with the aim to moderately limit or balance the exclusive power of political parties, to encourage an active presence of organized civil society and local interests in the Slovenian political arena. Many do not like that. We have just successfully encountered a massive attempt to abolish second chamber. Maybe we should ask ourselves: “Can we be absolutely certain that political parties represent a “noise-less” transmission of peoples’ will and preferences into political decisions?” And maybe the answer would a similar one as to the question: “Is there really an invisible hand of the free competition on the markets working fine and ideally guides the national economies and the world economy?” Or we could admit that politics and big business are walking flagrantly hand in hand and manipulate the economic processes?

It is crucial that there is an active civil society with which the National Council has been cooperating closely, helping it strengthen – and make its voice heard – in the legislative process. This is important contribution of the National Council to encouraging open dialogue between civil society and formal politics. The future role of the state should evolve to the predominant role of an institution activating citizens (the "activating state") that would retain classical "state-building" functions, while civil society should become the key administrator of sustainable development. Civil-society networks, as the only ones capable of a sufficiently swift response to impulses of space and time, have already become the driving force of the functioning of a society.

To conclude - the role of civil society is highly important, since it is generally this entity that advocates the evolution of society in all directions, either for the benefit of all its people or at least the vast majority. In so doing, it therefore also stands for the preservation of social diversity, a precondition for social cohesion, peace, co-existence and cooperation. Therefore the National Council considers the cooperation with the civil society the crucial measure for protecting constitutional rights of citizens.

Thank you.

Predsednik Državnega sveta mag. Blaž Kavčič na obisku v Uzbekistanu