Statute

STATUTE

of the Slovenian Democratic Party

 

 

 

GENERAL PROVISIONS

 

 

Article 1

ORGANISATION

 

The Slovenian Democratic Party (Slovenska demokratska stranka) with the abbreviation SDS and abbreviated name Slovenian Democrats (Slovenski demokrati), is a political party operating in the territory of the state of Slovenia. It is organised according to the territorial principle:

  • in district, local (or village) and neighbourhood committees, which as a rule cover part of a municipality (hereinafter: local committees);

  • in municipal committees or city committees, which cover the territory of one municipality or town (hereinafter: municipal committees);

  • in regional coordination bodies;

  • at the national level, which covers the territory of the Republic of Slovenia and the EU.

 

 

Article 2

ACTIVITIES

 

The Slovenian Democratic Party stands for a society of free and active individuals which accepts and protects the free market and at the same time alleviates its social consequences. The SDS operates in accordance with the Programme adopted by the SDS Congress.

 

 

Article 3

THE SDS AS A LEGAL ENTITY

 

The SDS is a legal entity with its seat at Komenskega 11, Ljubljana. The name of the party is also used in legal transactions by the SDS municipal committees, interest associations and forums within the limitations set out in the Political Parties Act and this Statue.

 

Article 4

SIGN AND SYMBOLS OF THE SDS

 

The sign of the SDS is the SDS logotype. The letters of the SDS abbreviation are blue (HKS43), below them is a yellow (HKS3) line of the same length as the letters and a height two thirds that of the letters.

The symbols of the party, their form and use as well as the form and use of the official seal are set out in regulations adopted by the SDS Executive Committee.

 

 

Article 5

MEMBERSHIP IN THE SDS

 

Membership in the SDS is open to any citizen of the Republic of Slovenia who accepts the Programme and Statute and regularly pays membership fees. Upon joining the SDS, every new member signs, in person, an affiliation form, the original or copy of which is filed at the SDS General Secretariat. In the affiliation form, the citizen wishing to become an SDS member states his or her name and surname, birth details, place of permanent or temporary residence, education, profession, job title, place of employment and other details determined by the SDS Executive Committee. The SDS uses this data only for the membership register and handles it in accordance with the Personal Data Protection Act.

If the executive board of an SDS municipal committee or the SDS Executive Board establishes the existence of grounds which according to this Statute require the deletion of a member's name from the list of members or his or her expulsion from the party, it can reject a candidate for membership in the SDS based on these grounds.

Only adults and persons of at least 15 years of age who present the written approval of their legal representatives may become members of the SDS. An SDS member cannot also be a member of another political party or an organisation whose goals do not comply with the SDS Programme.

An SDS member who is unable, because of his or her financial and material conditions, to pay the membership fee is exempted from paying it. Rules on the payment of the membership fee and other obligations of SDS members are determined by the SDS Council.
As a rule, the place of permanent residence of a member of an SDS local or municipal committee must be within the territory covered by this local or municipal committee. However, if a member wishes to be active in another local or municipal committee, he or she should send a written request to the executive board of the local or municipal committee in which he or she wants to operate. The executive board of the relevant municipal committee decides on such requests on a case-by-case basis. A foreign citizen who accepts the SDS Programme and Statute can become an honorary member of the SDS. The award of honorary member status is decided on by the SDS Executive Committee.

 

 

Article 6

RIGHTS AND OBLIGATIONS OF MEMBERS


An SDS member has the right to:

  • elect and, under the conditions set out in this Statute, be elected into all bodies of the SDS;

  • stand as an SDS candidate for office in public authorities;

  • join SDS organisations in order to carry out specific programmes and projects;

  • make proposals to all SDS bodies, raise questions and receive answers to his or her questions;

  • be informed about the work of SDS bodies, through the internal information system or public media;

  • refer to the SDS Programme and views in his or her public activities;

  • receive, for his or her political activities, organisational support from SDS bodies and services;

  • receive moral and legal assistance from SDS bodies if he or she has problems due to his or her political activities based on the SDS Programme and views.

 

An SDS member has an obligation and responsibility to:

  • work in the SDS organisations and bodies into which he or she has been elected;

  • uphold the SDS programme and strengthen and protect its reputation in public;

  • carry out the tasks he or she has personally accepted within the SDS, and report on this to the party's competent bodies. The Programme, Statute, regulations and other general acts of the SDS are binding on every SDS member.

 

Article 7
TERMINATION OF MEMBERSHIP


An SDS member can resign from the SDS by giving written notice or returning his or her membership card. An SDS member’s name can also be deleted from the membership list or the member excluded from the party. A member is deleted from the membership list if he or she does not meet the membership conditions set out in this Statute. A decision on the deletion of a member's name from the membership list is adopted by the SDS Executive Board or the executive board of the SDS municipal committee with which the member concerned is affiliated. The body that adopted the decision on the deletion of a member's name can re-admit the said member if the reasons for the deletion cease to exist. Detailed criteria for the deletion of a member are set out in the regulations adopted by the SDS Council.
An SDS member can be excluded from the party by the supervisory commission of the SDS municipal committee with which the member concerned is affiliated on the basis of a well-grounded written proposal presented by a minimum of 15 members of the SDS or an SDS body. A municipal supervisory commission must decide on the exclusion no later than thirty days after receiving such a proposal. The individual proposing the exclusion and the excluded member can appeal against the exclusion decision adopted by the municipal supervisory commission to the SDS Supervisory Board within fifteen days of receiving the decision.
When the member pending exclusion is likely to cause further political, moral or material damage to the SDS if he or she keeps his or her position within the party, the SDS Executive Committee can, in the period from the submission of the proposal to the day when the exclusion decision becomes finally binding, freeze this person's membership and any office he or she holds within the SDS.

 

In the period between the exclusion of a member and the adoption of the decision on the appeal, the member's office in the SDS and membership are suspended. An SDS member can only be excluded on the following grounds:

  • he or she deliberately acts against the Programme and interests of the SDS in his or her political activities;

  • he or she fails to abide by the SDS Statute, regulations, rules of procedure, decisions adopted by the SDS bodies and other rules, thereby causing substantial moral and material damage;

  • he or she causes political damage to the SDS with his or her views and activities.

An excluded member can appeal to the Council of the SDS and request the renewal of the procedure. An excluded member can re-join the SDS only with the approval of the SDS body that adopted the final decision on the exclusion.

 

SDS BODIES

 

Article 8

SDS BODIES AT THE NATIONAL LEVEL

 

The SDS bodies at the national level are:

  • the SDS Congress;

  • the SDS Council;

  • the SDS Executive Board;

  • the SDS President;

  • the SDS Expert Council;

  • the SDS Supervisory Board;

  • the SDS Parliamentary Group in the National Assembly and the SDS Councillor Group in the National Council of the Republic of Slovenia.

 

 

Article 9

THE SDS CONGRESS

 

The SDS Congress is the supreme body of the SDS. The Congress meets at least once every four years. It is convened by the SDS Executive Board with a majority of its members on the basis of a decision of the SDS Council or upon the request of a majority of SDS members.

 

The Congress:

  • adopts the SDS Programme and Statute;

  • sets the party policy and other principles by means of Congress resolutions;

  • discusses and adopts reports of the SDS Executive Board and the SDS Supervisory Board;

  • decides on requests addressed to the Congress;

  • dischardischarges and elects the SDS President, Executive Board and Supervisory Board.

 

The Congress consists of all members of the SDS Council, except those Council members from municipal committees who are represented in the Congress by a specific distribution formula, and elected representatives of SDS municipal committees, interest organisations and forums.

Representatives of municipal committees are elected by the conferences of municipal committees according to the principle of one representative per a specific number of members of a municipal committee. This number is determined prior to each Congress by the SDS Council, giving due consideration to the fluctuation of membership.

Representatives of interest organisations and forums are appointed by their representative bodies. The number of members of the SDS interest organisations and forums is determined by the SDS Council prior to each Congress.

Rules on the work of the Congress are set out in detail in the Rules of Procedure of the SDS Congress, which are adopted by the SDS Congress.

 

 

Article 10

THE SDS COUNCIL

 

The SDS Council consists of:

  • presidents of municipal committees or their authorised representatives;

  • representatives of municipal committees appointed by their executive boards according to the applicable distribution formula and one additional delegate per each one hundred members of a municipal committee;

  • members of the SDS Executive Board;

  • Secretary General of the SDS;

  • presidents of the SDS interest associations and forums and the President of the SDS Expert Council;

  • SDS Members of Parliament (MPs), ministers, state secretaries, state councillors and Members of the European Parliament (MEPs);

  • presidents of regional coordination bodies;

  • members of the Executive Board of the Slovenian Democratic Youth.

 

Any president of an SDS forum who is not a member of the SDS is always invited to meetings of the SDS Council but does not have the right to vote. The President of the SDS Supervisory Board is regularly invited to meetings of the SDS Council.

The SDS Council meets at least four times a year. The President of the SDS Council is elected by its members from among themselves. The President of the Council chairs the Council's meetings, ensures their preparation, takes care of the realisation of the Council's decisions, and represents the Council.

Meetings of the SDS Council are convened by its President on his or her own initiative or on the request of the SDS Executive Board, the SDS Supervisory Board or at least 40 members of the Council. The first SDS Council meeting following a Congress is convened by the SDS President within 60 days of the Congress meeting.

If a Council member cannot attend a meeting, he or she is obliged to explain the absence in writing at least one day prior to the meeting. A member of the Council who fails to attend a meeting of the Council twice consecutively without justification and fails to provide an authorised representative (in the case of presidents of municipal committees) is discharged from his or her post in the Council and the related office within the SDS.

The SDS Council is deemed to have a quorum if a majority of its members are present at a meeting. The rules on the work of the Council are set out in detail in the Rules of Procedure of the SDS Council, which are adopted and modified by the SDS Council with a two-thirds majority.

 

 

Article 11

POWERS OF THE SDS COUNCIL

 

The SDS Council:

  • sets SDS policy in the period between two Congress meetings;

  • decides on coalitions with other political parties;

  • can replace a maximum of one half of the elected members of the SDS Executive Board and elect a maximum of two additional members of the SDS Executive Board in the period between two Congress meetings;

  • elects an alternate member of the SDS Executive Board;

  • adopts amendments to the SDS Programme and Statute;

  • elects and discharges SDS Vice-Presidents from among the members of the SDS Executive Board on the proposal of the SDS President;

  • appoints and discharges the SDS Secretary General on the proposal of the SDS President;

  • makes the final decision on the candidate for the national presidential election, and the candidates or the candidate list for the parliamentary election on the proposal of the SDS Executive Board;

  • determines the membership fee;

  • adopts the annual budget;

  • confirms annual financial statements;

  • determines the method of distributing financial resources collected by way of membership fees among the municipal committees and the SDS bodies at the national level;

  • decides on requests addressed to the Council;

  • monitors the implementation of decisions by the SDS bodies.

 

The SDS Council cannot adopt any amendments to the SDS Programme and resolutions that would substantially change the policies adopted by the SDS Congress. The SDS Council cannot adopt any amendments to the Statute that would substantially change the powers and composition of SDS bodies at the national level.

 

 

Article 12

THE SDS EXECUTIVE BOARD

 

The SDS Executive Board is the executive body of the SDS and consists of the President, Vice-Presidents and members. The Congress elects the SDS President and eighteen members of the SDS Executive Board. The Head of the SDS Parliamentary Group and the presidents of the Slovenian Democratic Youth, the SDS Women’s Committee and the SDS Seniors' Club are also members of the SDS Executive Board. Members of the SDS Parliamentary Group and SDS ministers are always invited to meetings of the SDS Executive Committee.

 

When the SDS Executive Committee decides on or adopts proposals of the SDS Council on issues relating to decisions of the National Assembly or the Government, SDS MPs and ministers have the right to vote, too. This clause applies to decisions on:

  • the entry of the SDS into the Government and related voting on the election of a candidate for Prime Minister and ministers;

  • interpellation;

  • impeachment before the Constitutional Court according to Article 109 or 119 of the Constitution;

  • a vote of confidence in the Government;

  • the filing of a request to call a legislative referendum:

  • the filing of a request to confirm changes to the Constitution at a referendum;

  • fundamental legal acts and the budget when the SDS Executive Board adopts views on them;

  • other decisions adopted by the National Assembly and the Government.

The SDS Council can discharge a member of the SDS Executive Board on the grounds of his or her inactivity. In the period between two Congress meetings, the Council can elect an alternate member of the Executive Board only if the original member resigns from this post, ceases to be a member of the SDS, twice consecutively fails to attend a meeting of the SDS Executive Board without justification and/or in cases of inactivity from the first sentence of this paragraph. If a member of the Executive Board cannot attend a meeting of the SDS Executive Board for justified reasons, he or she must notify the General Secretariat of the SDS in writing at least one day prior to the meeting or in a case of force majeure on the day of the meeting.
Notwithstanding the provision of the first paragraph of this Article, the SDS Council can in the period between two Congress meetings elect as many additional members into the SDS Executive Board as deemed necessary to ensure the representation of all regions. The SDS Council decides on the election of new members upon the proposal of the SDS Executive Board.

The Executive Board meets at least once monthly. Its meetings are convened and chaired by the SDS President. The Executive Board also meets on the request of a majority of its members.

When the SDS Executive Board handles specific issues directly related to the scope of work of an SDS forum, the representatives of the said forum are also invited to the Executive Board meeting.

Rules on the work of the Executive Board are set out in detail in the Rules of Procedure of the SDS Executive Board, which are adopted and modified by the SDS Executive Board with a two-thirds majority.

 

 

Article 13

POWERS OF THE SDS EXECUTIVE BOARD

 

The SDS Executive Board:

  • realises the SDS Programme, Congress resolutions and decisions adopted by the SDS Council;

  • organises and carries out SDS activities;

  • discusses and adopts views on initiatives, proposals, opinions and appeals addressed to it;

  • discusses and adopts political views on current events in society;

  • prepares proposals, in cooperation with the executive boards of municipal committees, on candidates and candidate lists for bodies of local communities, and prepares proposals on candidates and candidate lists for bodies of the state of Slovenia;

  • adopts regulations and determines other rules on the work of the SDS;

  • appoints and, when necessary, discharges the President of the SDS Expert Council;

  • confirms presidents of the Expert Council's committees;

  • authorises members of SDS bodies and other individuals to carry out activities on behalf of the SDS;

  • appoints and, when necessary, discharges the treasurer, secretaries and heads of working commissions;

  • adopts acts on the systemisation of jobs in the General Secretariat;

  • performs other activities at the national level that do not fall within the scope of work of the SDS Congress, Council and Supervisory Board;

  • monitors and directs the work of the SDS bodies;

  • delegates responsibility for the areas of specific regional coordination bodies to individual members of the Executive Board;

  • convenes conferences of city and municipal committees in cases set out in this Statute.

 

 

Article 14
PRESIDENT OF THE SDS


The SDS President:

  • convenes and chairs meetings of the SDS Executive Board;

  • implements decisions adopted by the SDS Executive Board and other bodies;

  • represents the SDS in public and in legal relationships;

  • reports to the SDS Congress and Council on his or her work and that of the SDS Executive Board;

  • can stay the implementation of a decision adopted by the SDS Executive Board; any such case is decided on by the SDS Council, whose decision is final.

 

The SDS President has a coordination group which ensures the uninterrupted implementation of decisions adopted by the SDS bodies. The group meets as necessary and consists of:

  • the SDS President;

  • the SDS Vice-Presidents;

  • the Head of the SDS Parliamentary Group in the National Assembly;

  • the Head of the SDS Councillor Group in the National Council;

  • the SDS Secretary General;

  • the Secretary of the SDS Parliamentary Group in the National Assembly.

 

In his or her absence, the SDS President can delegate his or her powers, except the right from the last item of the first paragraph of this Article, to one of the SDS Vice-Presidents or any other member of the Executive Board. If the President is unable to delegate his or her powers for objective reasons, this can be done on the President's behalf by the SDS Executive Board.

 

 

Article 15

HONORARY PRESIDENT OF THE SDS

 

The Slovenian Democratic Party may nominate an honorary president. The Congress decides on the granting of this title upon the proposal of the SDS Executive Board.

 

Article 16

THE SDS EXPERT COUNCIL

 

The Expert Council examines specific subject areas, discusses legal acts adopted by ministries, the Government and the National Assembly, and submits initiatives, proposals and opinions to the SDS Executive Board, the SDS Parliamentary Group and other SDS state officials. Members of the SDS Parliamentary Group can attend meetings of the Expert Council. Cooperation between the Parliamentary Group and the Expert Council is coordinated by the Secretary of the Expert Council and the Secretary of the Parliamentary Group. The President of the SDS Expert Council is also invited to meetings of the SDS Executive Board.

The bodies of the Expert Council are formed in analogy to the Government bodies. Details of the organisation of the Expert Council are determined by the SDS Executive Board, which can in addition to the aforementioned bodies also establish other Expert Council bodies.

When the SDS is part of the Government coalition, members of the SDS Executive Board appoint, from among themselves, and discharge the President of the SDS Expert Council. When the party is in opposition, the SDS President also holds the office of President of the Expert Council.
Meetings of the Expert Council are convened by the President of the Expert Council on his or her own initiative or on the request of the SDS Executive Board. Presidents of the Expert Council's committees are nominated by the President of the Expert Council and confirmed by the SDS Executive Board. The President of an Expert Council's committee appoints other members of the committee. Members of the Expert Council are persons whose expertise contributes to the quality of the work done by the SDS. Membership in the SDS Expert Council is not conditioned by membership in the SDS.

 

Article 17

THE SDS SUPERVISORY BOARD

 

The SDS Supervisory Board is elected by the SDS Congress and consists of five members. Meetings of the Supervisory Board are convened and chaired by the President of the Supervisory Board, who is elected by the Supervisory Board from among its members. Before the President is elected, meetings of the Supervisory Board are convened by the SDS President.

The Supervisory Board:

  • monitors and supervises the work of other SDS bodies;

  • points out and requests the elimination of errors and inconsistencies in the work of the SDS bodies with regard to the SDS Programme, Statute, regulations, rules of procedure and other rules;

  • checks the compliance of all SDS acts, interest organisations and forums with the SDS Statute and with decisions of senior SDS bodies, and requests the annulment of non-complying provisions and decisions;

  • decides on appeals against decisions of municipal supervisory commissions;

  • supervises the financial and material transactions of the SDS, points out irregularities and requests their elimination;

  • informs SDS members and bodies about its decisions that concern them;

  • reports on its work to the Congress, and, on its own initiative or on the request of the SDS Council or Executive Board, also to these two bodies.

 

If a body of the SDS to which the Supervisory Board addressed a request to eliminate errors, irregularities, non-compliance or inconsistencies fails to meet this request, the unresolved issue is decided on by the SDS Council, whose resolution is binding.

Membership in the Supervisory Board is incompatible with any other elected office in the SDS at the national level. A member of the Supervisory Board cannot take part in a decision on an issue in which he or she is involved.

The SDS Council can elect an alternate member of the SDS Supervisory Board only if a member of the Supervisory Board leaves the SDS, resigns from office or twice consecutively fails to attend the Supervisory Board's meetings without justification.
Rules on the work of the SDS Supervisory Board are set out in detail in the Regulations on the SDS Supervisory Board, which are adopted and modified by the SDS Council.

 

 

Article 18

THE SDS PARLIAMENTARY GROUP

 

SDS candidates elected into the National Assembly and the National Council of the Republic of Slovenia are members of the SDS Parliamentary Group and the Councillor Group respectively (both referred to as: the Parliamentary Group). An MP who was neither an SDS candidate nor elected from the SDS candidate list can, with the consent of the SDS Executive Board, join the SDS Parliamentary Group provided that he or she accepts the SDS Programme and Statute.

On the proposal of a majority of members of the SDS Parliamentary Group, the SDS Executive Board appoints the Head of the SDS Parliamentary Group. The SDS Parliamentary Group adopts the Rules of Procedure of the Parliamentary Group with at least a two-thirds majority of all members and with the consent of the SDS Executive Board. The Secretary of the Parliamentary Group is appointed by the SDS Parliamentary Group (in the National Assembly) with the approval of the SDS Executive Board. Members of the SDS Parliamentary Group who are also members of the SDS have the right to attend meetings of the SDS Council and the Congress. The work of members of the SDS Parliamentary Group is based on the SDS Statute, Programme and views. Members of the SDS Parliamentary Group are accountable for their work to the party. The SDS Parliamentary Group proposes and represents initiatives in Parliament, and realises the policies of the SDS Congress, Council and Executive Board. The SDS Congress, Council and Executive Board discuss and form views on proposals and initiatives presented by the SDS Parliamentary Group. The Head of the Parliamentary Group reports on the work of the group to the SDS Council and Executive Board.

These provisions also apply by analogy to groups of SDS representatives in local government bodies.

 

 

Article 19

SELECTING CANDIDATES AND ELECTION RULES OF THE SDS

 

Any adult citizen of the Republic of Slovenia with the right to be elected and the right to vote can become an SDS candidate.

Candidates can be nominated by municipal executive boards, regional coordination bodies, SDS bodies, bodies of the SDS forums and other SDS organisations at the national level. When so determined by the SDS Council, candidates can also be nominated by the executive boards of local SDS committees and by individual SDS members. The names of candidates for offices within bodies of the Republic of Slovenia that are elected at the national level are sent to the SDS national election team, the members of which are appointed by the SDS Executive Board.

 

In proposing and selecting candidates, the following criteria are taken into consideration as equally important:

  • the candidate's reputation in and visibility in the Republic of Slovenia and in a specific constituency;

  • the candidate's likelihood of being elected or yielding good election results on the basis of public opinion polls;

  • results of the candidate's work in the past and contribution to the implementation of the SDS Programme;

  • the candidate's positive attitude towards the SDS in public;

  • the candidate's ability to carry out the duties associated with the office.

 

The SDS Executive Board, in consultation with presidents of the SDS municipal committees and regional coordination bodies, make a selection and prepare a proposed candidate list. The maximum number of candidates on the list equals the number of candidates to be actually elected.


Before being put on a candidate list, every SDS candidate signs:

  • a statement confirming his or her willingness to stand as a candidate for the SDS;

  • the SDS Code of Ethics;

  • an agreement, a constituent part of which is the candidate's statement that he or she will unconditionally resign as an MP if he or she leaves or is excluded from the SDS, or joins another political party or parliamentary group (for non-members of the SDS who stand as candidates on the SDS list).

 

A candidate for President of the state and candidates for MPs are determined by the SDS Council by secret ballot on the proposal of the SDS Executive Board. On the proposal of the SDS Executive Board, the SDS can determine other mutual obligations in an agreement concluded with a candidate. Candidates and candidate lists as well as preliminary procedures are regulated in detail in the election rules adopted by the SDS Council.

 

 

Article 20

CANDIDATES FOR POSITIONS IN THE SDS, AND THE DURATION AND CESSATION OF THEIR TERM OF OFFICE

 

In proposing candidates for positions in the SDS, the following criteria are taken into consideration:

  • results of the candidate's work in the past and contribution to the implementation of the SDS Programme;

  • the candidate's reputation in the country and in the environment where he or she stands as a candidate for office in the party;

  • the candidate's ability to successfully carry out the duties associated with the office;

  • the candidate's likelihood of success at general elections in the environment in which he or she stands as a candidate for office in the SDS;

  • appropriate representation by age, region and sex with regard to the SDS membership structure;

  • fulfilment of conditions from Article 5 of this Statute.

 

The term of office for all positions in the SDS is four years, except where otherwise provided in this Statute. The term of office ends with the expiration of this four-year period, with the cessation of membership, or by decision of a competent body.
A member of an SDS body or a holder of other office in the SDS can resign from his or her position. His or her resignation takes effect when the body in which this member holds office receives his or her letter of resignation. Where the person resigning is a president or an acting president, the body in which this person held office appoints an acting president until a new president is elected or appointed.

 

 

Article 21

CONVENING AN EXTRAORDINARY CONFERENCE OF A MUNICIPAL COMMITTEE

 

If a municipal committee fails to fulfil its obligations, the SDS Executive Board convenes an extraordinary conference of the municipal committee concerned. It is deemed that a municipal committee fails to fulfil its obligations if:

 

a) it fails to submit to the SDS Executive Board minutes of the municipal committee's conference for the current year; or

 

b) a session of its executive board has not been convened for more than sixty days; or

c) the Supervisory Board of the SDS establishes that the municipal committee is not abiding by the SDS Statute or is acting contrary to the SDS Programme; or

d) it fails to submit, on the request of the SDS Supervisory Board or Secretary General, its balance sheet, any other requested report on its material and financial operations, or other documents that are essential for the work of the SDS in due time; or

 

e) it fails to get the consent of the SDS Executive Board on a proposed candidate or candidate list for local government bodies that are elected directly before submitting the candidate name or candidate list.

 

An extraordinary conference related to the non-fulfilment of obligations or poor functioning of a municipal committee can also be convened on the basis of a well-grounded written proposal of a regional SDS coordination body.

When an extraordinary conference is convened on the basis of this Article of the Statute (due to a municipal committee's poor functioning or non-fulfilment of statutory obligations), the term of office of all bodies of the committee terminates on the day of the conference, while their members can stand as candidates for office in the committee again only with the consent of the SDS Executive Board.

The assets of a municipal committee whose bodies have been terminated are managed by the SDS Secretary General until new bodies are constituted.

 

 

Article 22

PUBLIC NATURE OF THE WORK OF THE SDS

 

The functioning of the SDS is public. In exceptional circumstances, an SDS body can hold a closed meeting upon the decision of a majority of its members.

 

Article 23

THE FUNCTIONING OF THE SDS IN EXTRAORDINARY CONDITIONS

 

In exceptional or extraordinary conditions when the SDS can no longer function normally all powers of the SDS Council are transferred to the SDS Executive Board. If this is not possible, all powers are transferred to the President of the SDS. All decisions to this effect must be submitted for approval to the SDS Executive Board and the SDS Council as soon as practical.

 

 

TERRITORIAL ORGANISATION OF THE SDS

 

 

Article 24

REGIONAL COORDINATION BODIES

 

Regional coordination bodies are permanent organisational forms of the SDS. Regional coordination bodies deal with organisational and political issues, and submit proposals, initiatives and opinions to the SDS Council and Executive Board, which are obliged to reply to these submissions. A regional coordination body consists of the presidents, or their authorised alternates, of all municipal committees in the territory covered by it.
Presidents of interest organisations and forums at the regional level, or their authorised alternates, are also members of the relevant regional coordination body. The territories of regional coordination bodies are determined by the SDS Council.

A regional coordination body must hold a meeting prior to each session of the SDS Council, and the President of a regional coordination body is also obliged to convene a meeting on the request of any of its municipal committees or on the request of any other SDS body. The municipal committee requesting a regional coordination body meeting should submit a written request to this effect with discussion documents attached. The deadline for convening a meeting is 8 days after receiving the request. If the President of a regional coordination body, despite having received such a request, does not convene a meeting this can be done by the SDS Secretary General.

A representative of the SDS General Secretariat and the SDS Executive Board member responsible for a particular regional coordination body are invited to its meetings.

The President of a regional coordination body is elected by its members. A candidate is deemed to be elected when he or she has the support of a majority of all municipal committees belonging to a regional coordination body and when the SDS Executive Board approves his or her election. A region can also have a regional secretary, who is appointed by the regional coordination body.

 

 

Article 25

SDS MUNICIPAL COMMITTEES

 

An SDS municipal committee can be registered at the competent administrative body as part of the SDS. As such, municipal committees are financially independent and can assume obligations and enter into legal transactions within the limits of their activities. For obligations thus assumed, each municipal committee is liable with all its assets.

 

 

Article 26

BODIES OF A MUNICIPAL COMMITTEE

 

An SDS municipal committee has the following bodies:

  • conference of the municipal committee;

  • council of the municipal committee (when a committee has more than 400 members);

  • executive board (hereinafter: municipal executive board);

  • President of the municipal committee;

  • supervisory commission of the municipal committee (hereinafter: municipal supervisory commission);

  • SDS councillor group in a municipal or city council.

 

 

Article 27

CONFERENCE OF A MUNICIPAL COMMITTEE

 

The conference of a municipal committee is the supreme body of a municipal committee and consists of all members of the municipal committee. It is convened by the relevant municipal executive board at least once annually on its own initiative, on the request of the relevant municipal supervisory commission, more than one half of the presidents of the local SDS committees belonging to this particular SDS municipal committee, or at least fifteen percent of members of the municipal committee.

The President of a municipal committee must send invitations for a regular conference to all members of the municipal committee, the SDS General Secretariat, the SDS Executive Committee member responsible for the regional coordination body, and the President of the regional coordination body at least eight days before the conference. The conference has a quorum if attended by at least ten percent of its members.

The minutes of the conference must be sent by the President of the municipal committee to the SDS Executive Board and the President of the regional coordination body no later than fifteen days after the conference.

 

Article 28

POWERS OF THE CONFERENCE OF A MUNICIPAL COMMITTEE

 

The conference of a municipal committee:

  • adopts the Programme and Rules of Procedure of the municipal committee, as well as regulations on election into municipal committee bodies;

  • decides on the candidates and candidate lists for local community bodies on the proposal of its municipal executive board with prior approval of the SDS Executive Board;

  • confirms annual financial statements;

  • discusses and decides on reports of its municipal executive board and municipal supervisory commission;

  • handles applications addressed to it;

  • discharges and elects the members of its municipal executive board, the President of its municipal committee, and its municipal supervisory commission.

 

 

Article 29

MUNICIPAL EXECUTIVE BOARD


A municipal executive board consists of the President of the executive board, members elected by the conference of the municipal committee, the President of the Slovenian Democratic Youth and the Head of the councillor group. A municipal executive board, except in municipal committees that establish a council of the municipal committee, meets and makes decisions in an enlarged composition, which in addition to the aforementioned members also includes the presidents of municipal committees, interest organisations and forums, the presidents of local committees, and the SDS mayor and municipal councillors.

Notwithstanding the provision of the first paragraph of this Article, municipal committees that establish the council of the municipal committee always invite to meetings of their executive board the mayor and municipal councillors representing the SDS, who by analogy have the same rights as determined in this Statute for MPs attending meetings of the SDS Executive Board.

All documents and invitations are also sent to the President of the relevant municipal supervisory commission.
The conference of a municipal committee must determine the number of members to be elected into the municipal executive board in proportion to the number of members of the municipal committee, so that:

  • when the municipal committee has less than 100 members, at least 5 members are elected into the municipal executive board;

  • when the municipal committee has between 100 and 200 members, at least 9 members are elected;

  • when the municipal committee has more than 200 members, at least 13 members are elected.

 

 

Article 30

POWERS OF A MUNICIPAL EXECUTIVE BOARD

 

A municipal executive board establishes local or neighbourhood committees of the SDS, determines the distribution formula between the municipal and local committees, and realises the policies and decisions of the municipal conference. At the municipal level, a municipal executive board has powers analogous to those of the SDS Executive Board at the national level. At its first meeting, a municipal executive board elects at least one vice-president from among its members and appoints a secretary. The minutes of the constitutive meeting of a municipal executive board, which must be convened no later than fifteen days after the conference, must be drawn up within eight days after the constitutive meeting.

The minutes of regular and extraordinary meetings of a municipal executive board must be sent by its President to the SDS Secretary General and the President of the regional coordination body no later than fifteen days after the meeting.

 

 

Article 31

COUNCIL OF A MUNICIPAL COMMITTEE

 

A municipal committee with more than 400 members also elects its own council. This council of the municipal committee consists of all members of the municipal executive board, SDS councillors in the municipal or city council, the mayor elected from the SDS candidate list, and a specific number of members elected by the conference of the municipal committee from among the members of local committees following the distribution formula determined by the municipal executive committee. The maximum number of members elected into a council may not exceed 20.

The conference of a municipal committee can transfer part of its powers to the council of the municipal committee, however, the council cannot elect or discharge the President and members of the municipal executive board.

 

Article 32

THE PRESIDENT OF A MUNICIPAL COMMITTEE

 

The President of a municipal committee:

  • convenes and chairs meetings of the municipal executive board and the council of the municipal committee;

  • realises decisions of the municipal executive board and conference;

  • reports to the conference of the municipal committee on the work of the municipal committee and that of the municipal executive board;

  • coordinates the work of SDS forums and other bodies at the municipal level;

  • represents its municipal committee in public and in the SDS Council

  • nominates a candidate for secretary of its municipal committee, subject to the approval of the municipal executive board.

A first-time president of a municipal committee is obliged to attend a training course for new presidents of municipal committees, which is organised four times a year by the SDS General Secretariat, no later than 90 days after his or her election. If he or she fails to attend such a training course, his or her office as president ceases, and the President of the regional coordination body must convene an election conference of the municipal committee within 15 days.

The election of a president of a municipal committee must be approved by the member of the SDS Executive Board responsible for the relevant regional coordination body no later than 15 days after the election. Written approval is sent to the relevant municipal executive committee and the SDS General Secretariat. The member of the SDS Executive Board responsible for the regional coordination body should not approve the election of the President of a municipal committee if:

  • the conference of the municipal committee was convened or carried out with severe violations of the SDS Statute which were pointed out by the relevant municipal supervisory commission or by at least ten members of the municipal committee;

  • the SDS Executive Board member is of the opinion that the candidate will not be able to manage the municipal committee in line with the SDS Programme and Statute, and that it would thus be worthwhile to re-decide on this at a meeting of the conference of the municipal committee.

 

If the member of the SDS Executive Board responsible for a particular regional coordination body does not issue approval on the election of a municipal committee President, he or she is obliged to re-convene the conference of the municipal committee within 30 days of the last election conference. He or she is obliged to inform the conference why the candidate was not approved. The conference can then elect a new president of the municipal committee or re-confirm the previously elected president. This decision is final. The SDS Secretary General or a representative authorised by the SDS Secretary General must attend the re-convened conference.

 

 

Article 33

MUNICIPAL SUPERVISORY COMMISSION

 

A municipal supervisory commission consists of three members, who elect the President from among themselves Meetings of a municipal supervisory commission are convened and chaired in analogy to those of the SDS Supervisory Board.

A municipal supervisory commission:

  • has powers at the municipal level analogous to those of the SDS Supervisory Board at the national level;

  • decides on the exclusion of members form its municipal committee;

  • reports on its work to the SDS Supervisory Board and the relevant municipal conference.

 

If the municipal SDS body to which a municipal supervisory commission addresses a request to eliminate errors, irregularities, non-compliance or inconsistencies fails to meet this request, the unresolved issue is decided on by the relevant municipal conference, whose decision is binding.

Membership in a municipal supervisory commission is incompatible with any other elected office in the SDS at the municipal level. A member of a municipal supervisory commission cannot take part in a decision on an issue in which he or she is involved.

 

 

Article 34

ORGANISATIONAL STRUCTURE OF A MUNICIPAL COMMITTEE

 

An SDS municipal committee can be divided into two or more local committees, and into neighbourhood committees within city municipalities. Local committees are established on the basis of a decision adopted by the SDS municipal conference.

A municipal executive board can also establish a municipal committee expert council. The tasks and powers of a municipal expert council are analogous to those of the SDS Expert Council at the national level, and municipal expert council commissions are as a rule formed in analogy to the organisational structure of the municipal administration and its departments.

Other municipal committee bodies and rules on their work can be respectively formed and adopted by the municipal committee in the Rules of Procedure, which are adopted by the SDS municipal conference.

 

 

Article 35

SDS LOCAL COMMITTEES

 

An SDS local committee has the following two bodies:

  • the conference of the local committee, which is its supreme body and consists of all members of the local committees; and

  • the executive board of the local committee.

 

For those local communities (including village and neighbourhood communities) where a local committee has not yet been established, the relevant municipal executive board appoints an authorised SDS representative. The municipal executive board can also appoint authorised SDS representatives for individual settlements, villages or city neighbourhoods.

The mode of work and powers of local committee bodies, which cannot exceed the powers of the main local committee, are defined by the conference of the relevant municipal committee in the resolution on the establishment of these bodies.

Rules on the work of SDS local committee bodies are described in detail in the SDS local committee Rules of Procedure, which are adopted by the conference of the local committee.

The executive board of the local committee can establish district committees, determining their powers in the resolution on their establishment.

 

 

Article 36

METHOD OF DISTRIBUTION OF FINANCIAL RESOURCES

 

The formula for distributing financial resources among the SDS bodies at the municipal, regional and national levels is determined by the SDS Council. The formula for distributing financial resources among municipal and local bodies is determined by the conference of each particular municipal committee.

 

OTHER ORGANISATIONAL FORMS

 

 

Article 37

INTEREST ORGANISATIONS

 

The Slovenian Democratic Youth (SDM), the SDS Women’s Committee, and the SDS Seniors' Club (KSS) are independent organisations within the SDS. Their members accept the SDS Programme and Statute, whilst their organisation and work is governed by their own Rules of Procedure and Programmes, with the exception of the Slovenian Democratic Youth, which has its own Statute that complies with the SDS Statute. The interest organisations may have their own logo and official seal.

 

 

Article 38

FORUMS

 

The Slovenian Democratic Party can establish forums and other interest associations (hereinafter: forums). The Slovenian Democratic Party establishes the SDS Club of Mayors and the SDS Heads of Municipal Councillors’ Club. Decisions on the establishment of other forums are adopted by the SDS Council.
A forum can have its own logo and official seal.

A forum can be dissolved by decision of the forum's supreme body. When a forum is dissolved or is no longer registered as an independent organisation, all its assets belong to the SDS. A forum regulates its organisation and work in its Rules of Procedure, which are adopted by its supreme body.

 

 

FINANCIAL OPERATIONS

 

 

Article 39

FINANCING

 

The SDS is funded through ordinary and extraordinary sources. Ordinary sources of finance are used to fund the SDS' regular activities. Ordinary sources of finance consists of proceeds from the membership fees, contributions by legal entities and individuals, the public budget and income from commercial activities in accordance with the law.

Extraordinary sources of finance are used to finance the party's election activities. Extraordinary sources of finance consist of ear-marked national budget appropriations and ear-marked contributions provided by legal entities and individuals in accordance with the law.

Financial operations and the transfer of financial resources are governed in general by this Statute, and in detail by the regulations adopted by the SDS Council.

 

 

Article 40

THE MANAGEMENT OF SDS ACTIVITIES

 

At the national level, SDS operations are managed by the SDS Secretary General, who is also responsible for implementing decisions adopted by the SDS bodies, and for the legality and compliance of SDS operations with accounting rules and SDS acts. On the basis of decisions adopted by the SDS Executive Board or the authorisation given by the SDS President, the Secretary General represents the SDS in concluding contracts.
The General Secretariat of the SDS is the organisational unit of the SDS that performs all tasks necessary to carry out SDS activities at the national level.

 

Article 41

THE MANAGEMENT OF THE ACTIVITIES OF MUNICIPAL COMMITTEES

 

A municipal committee cannot incur debts. In exceptional circumstances, it can borrow upon prior approval of the SDS Executive Board.

There is joint and several liability between the central bank account and its subaccounts.

Authorised signatories of an SDS municipal committee are appointed by the relevant municipal executive board. Every payment order of a municipal committee must be signed by at least two authorised signatories. The payment order must be based on a decision of SDS bodies, the municipal executive board or applicable regulations.

 

 

Article 42

PROFITABLE ACTIVITIES

 

In order to generate income, the SDS can establish companies, invest in companies or participate in the profit of companies in accordance with the law. Decisions on these activities are made by the SDS Executive Board.
The SDS can establish or co-establish media, foundations, societies and other forms of association in accordance with the law.

 

 

Article 43

TERMINATION OF THE SDS

 

The SDS can be terminated only at the decision of the SDS Congress with a two-thirds majority vote of all its members. Each member votes on the termination proposal with his or her full name.
In the event of termination, the Congress decides on the purpose of SDS’ financial resources and how they will be used.

 

 

TRANSITIONAL AND FINAL PROVISIONS

 

 

Article 44

USE OF THE PRINCIPLE OF ANOLOGY

 

The provisions of this Statute are applied mutatis mutandis to all issues not directly addressed by it.

 

 

Article 45

DEADLINE FOR ALIGNMENT

 

All internal acts of the SDS should be aligned with provisions of the new Statute by 31 December 2005.

 

 

Article 46

VALIDITY OF THE STATUTE

 

This Statute enters into force when it is adopted by the SDS Congress with a two-thirds majority of all Congress members present. This Statute was adopted by the 7th SDS Congress on 19 May 2001 in Celje.

Amendments to this Statute were adopted by the SDS Council at its session on 23 September 2003 in Izola.

Amendments to this Statute enter into force when adopted by the 8th SDS Congress with a two-thirds majority of all Congress members present.