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:
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;
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.