STATUTEof the SlovenianDemocratic Party
GENERAL PROVISIONSArticle 1
TheSlovenian Democratic Party (Slovenska demokratska stranka) with theabbreviation SDS and abbreviated name Slovenian Democrats (Slovenskidemokrati), is a political party operating in the territory of thestate of Slovenia. It is organised according to the territorialprinciple:
- 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.
TheSlovenian Democratic Party stands for a society of free and activeindividuals which accepts and protects the free market and at thesame time alleviates its social consequences. The SDS operates inaccordance with the Programme adopted by the SDS Congress.
THE SDS AS A LEGAL ENTITY
The SDSis a legal entity with its seat at Komenskega 11, Ljubljana. The nameof the party is also used in legal transactions by the SDS municipalcommittees, interest associations and forums within the limitationsset out in the Political Parties Act and this Statue.
SIGN AND SYMBOLS OF THE SDS
The signof the SDS is the SDS logotype. The letters of the SDS abbreviationare blue (HKS43), below them is a yellow (HKS3) line of the samelength as the letters and a height two thirds that of the letters.
Thesymbols of the party, their form and use as well as the form and useof the official seal are set out in regulations adopted by the SDSExecutive Committee.
MEMBERSHIP IN THE SDS
Membershipin the SDS is open to any citizen of the Republic of Slovenia whoaccepts the Programme and Statute and regularly pays membership fees.Upon joining the SDS, every new member signs, in person, anaffiliation form, the original or copy of which is filed at the SDSGeneral Secretariat. In the affiliation form, the citizen wishing tobecome an SDS member states his or her name and surname, birthdetails, place of permanent or temporary residence, education,profession, job title, place of employment and other detailsdetermined by the SDS Executive Committee. The SDS uses this dataonly for the membership register and handles it in accordance withthe Personal Data Protection Act.
If theexecutive board of an SDS municipal committee or the SDS ExecutiveBoard establishes the existence of grounds which according to thisStatute require the deletion of a member's name from the list ofmembers or his or her expulsion from the party, it can reject acandidate for membership in the SDS based on these grounds.
Onlyadults and persons of at least 15 years of age who present thewritten approval of their legal representatives may become members ofthe SDS. An SDS member cannot also be a member of another politicalparty or an organisation whose goals do not comply with the SDSProgramme.
An SDSmember who is unable, because of his or her financial and materialconditions, to pay the membership fee is exempted from paying it.Rules on the payment of the membership fee and other obligations ofSDS members are determined by the SDS Council.
As a rule, theplace of permanent residence of a member of an SDS local or municipalcommittee must be within the territory covered by this local ormunicipal committee. However, if a member wishes to be active inanother local or municipal committee, he or she should send a writtenrequest to the executive board of the local or municipal committee inwhich he or she wants to operate. The executive board of the relevantmunicipal committee decides on such requests on a case-by-case basis.A foreign citizen who accepts the SDS Programme and Statute canbecome an honorary member of the SDS. The award of honorary memberstatus is decided on by the SDS Executive Committee.
RIGHTS AND OBLIGATIONS OF MEMBERS
AnSDS 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 SDSmember 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.
AnSDS member can resign from the SDS by giving written notice orreturning his or her membership card. An SDS member’s name can alsobe deleted from the membership list or the member excluded from theparty. A member is deleted from the membership list if he or she doesnot meet the membership conditions set out in this Statute. Adecision on the deletion of a member's name from the membership listis adopted by the SDS Executive Board or the executive board of theSDS municipal committee with which the member concerned isaffiliated. The body that adopted the decision on the deletion of amember's name can re-admit the said member if the reasons for thedeletion cease to exist. Detailed criteria for the deletion of amember are set out in the regulations adopted by the SDS Council.
AnSDS member can be excluded from the party by the supervisorycommission of the SDS municipal committee with which the memberconcerned is affiliated on the basis of a well-grounded writtenproposal presented by a minimum of 15 members of the SDS or an SDSbody. A municipal supervisory commission must decide on the exclusionno later than thirty days after receiving such a proposal. Theindividual proposing the exclusion and the excluded member can appealagainst the exclusion decision adopted by the municipal supervisorycommission to the SDS Supervisory Board within fifteen days ofreceiving the decision.
When the member pending exclusion islikely to cause further political, moral or material damage to theSDS if he or she keeps his or her position within the party, the SDSExecutive Committee can, in the period from the submission of theproposal to the day when the exclusion decision becomes finallybinding, freeze this person's membership and any office he or sheholds within the SDS.
In theperiod between the exclusion of a member and the adoption of thedecision on the appeal, the member's office in the SDS and membershipare suspended. An SDS member can only be excluded on the followinggrounds:
- 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 requestthe renewal of the procedure. An excluded member can re-join the SDSonly with the approval of the SDS body that adopted the finaldecision on the exclusion.
SDS BODIESArticle 8
SDS BODIES AT THE NATIONAL LEVEL
The SDSbodies 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.
THE SDS CONGRESS
The SDSCongress is the supreme body of the SDS. The Congress meets at leastonce every four years. It is convened by the SDS Executive Board witha majority of its members on the basis of a decision of the SDSCouncil or upon the request of a majority of SDS members.
- 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.
TheCongress consists of all members of the SDS Council, except thoseCouncil members from municipal committees who are represented in theCongress by a specific distribution formula, and electedrepresentatives of SDS municipal committees, interest organisationsand forums.
Representativesof municipal committees are elected by the conferences of municipalcommittees according to the principle of one representative per aspecific number of members of a municipal committee. This number isdetermined prior to each Congress by the SDS Council, giving dueconsideration to the fluctuation of membership.
Representativesof interest organisations and forums are appointed by theirrepresentative bodies. The number of members of the SDS interestorganisations and forums is determined by the SDS Council prior toeach Congress.
Rules onthe work of the Congress are set out in detail in the Rules ofProcedure of the SDS Congress, which are adopted by the SDS Congress.
THE SDS COUNCIL
The SDSCouncil 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.
Anypresident of an SDS forum who is not a member of the SDS is alwaysinvited to meetings of the SDS Council but does not have the right tovote. The President of the SDS Supervisory Board is regularly invitedto meetings of the SDS Council.
The SDSCouncil meets at least four times a year. The President of the SDSCouncil is elected by its members from among themselves. ThePresident of the Council chairs the Council's meetings, ensures theirpreparation, takes care of the realisation of the Council'sdecisions, and represents the Council.
Meetingsof the SDS Council are convened by its President on his or her owninitiative or on the request of the SDS Executive Board, the SDSSupervisory Board or at least 40 members of the Council. The firstSDS Council meeting following a Congress is convened by the SDSPresident within 60 days of the Congress meeting.
If aCouncil member cannot attend a meeting, he or she is obliged toexplain 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 Counciltwice consecutively without justification and fails to provide anauthorised representative (in the case of presidents of municipalcommittees) is discharged from his or her post in the Council and therelated office within the SDS.
The SDSCouncil is deemed to have a quorum if a majority of its members arepresent at a meeting. The rules on the work of the Council are setout in detail in the Rules of Procedure of the SDS Council, which areadopted and modified by the SDS Council with a two-thirds majority.
POWERS OF 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 SDSCouncil cannot adopt any amendments to the SDS Programme andresolutions that would substantially change the policies adopted bythe SDS Congress. The SDS Council cannot adopt any amendments to theStatute that would substantially change the powers and composition ofSDS bodies at the national level.
THE SDS EXECUTIVE BOARD
The SDSExecutive Board is the executive body of the SDS and consists of thePresident, Vice-Presidents and members. The Congress elects the SDSPresident and eighteen members of the SDS Executive Board. The Headof the SDS Parliamentary Group and the presidents of the SlovenianDemocratic Youth, the SDS Women’s Committee and the SDS Seniors'Club are also members of the SDS Executive Board. Members of the SDSParliamentary Group and SDS ministers are always invited to meetingsof the SDS Executive Committee.
When theSDS Executive Committee decides on or adopts proposals of the SDSCouncil on issues relating to decisions of the National Assembly orthe 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;
- 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 onthe grounds of his or her inactivity. In the period between twoCongress meetings, the Council can elect an alternate member of theExecutive Board only if the original member resigns from this post,ceases to be a member of the SDS, twice consecutively fails to attenda meeting of the SDS Executive Board without justification and/or incases of inactivity from the first sentence of this paragraph. If amember of the Executive Board cannot attend a meeting of the SDSExecutive Board for justified reasons, he or she must notify theGeneral Secretariat of the SDS in writing at least one day prior tothe meeting or in a case of force majeure on the day of the meeting.
Notwithstanding the provision of the first paragraph of thisArticle, the SDS Council can in the period between two Congressmeetings elect as many additional members into the SDS ExecutiveBoard as deemed necessary to ensure the representation of allregions. The SDS Council decides on the election of new members uponthe proposal of the SDS Executive Board.
TheExecutive Board meets at least once monthly. Its meetings areconvened and chaired by the SDS President. The Executive Board alsomeets on the request of a majority of its members.
When theSDS Executive Board handles specific issues directly related to thescope of work of an SDS forum, the representatives of the said forumare also invited to the Executive Board meeting.
Rules onthe work of the Executive Board are set out in detail in the Rules ofProcedure of the SDS Executive Board, which are adopted and modifiedby the SDS Executive Board with a two-thirds majority.
POWERS OF THE SDS EXECUTIVE BOARD
The SDSExecutive 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.
PRESIDENT OF THESDS
- 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 SDSPresident has a coordination group which ensures the uninterruptedimplementation of decisions adopted by the SDS bodies. The groupmeets 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 orher absence, the SDS President can delegate his or her powers, exceptthe right from the last item of the first paragraph of this Article,to one of the SDS Vice-Presidents or any other member of theExecutive Board. If the President is unable to delegate his or herpowers for objective reasons, this can be done on the President'sbehalf by the SDS Executive Board.
HONORARY PRESIDENT OF THE SDS
TheSlovenian Democratic Party may nominate an honorary president. TheCongress decides on the granting of this title upon the proposal ofthe SDS Executive Board.
THE SDS EXPERT COUNCIL
TheExpert Council examines specific subject areas, discusses legal actsadopted by ministries, the Government and the National Assembly, andsubmits initiatives, proposals and opinions to the SDS ExecutiveBoard, the SDS Parliamentary Group and other SDS state officials.Members of the SDS Parliamentary Group can attend meetings of theExpert Council. Cooperation between the Parliamentary Group and theExpert Council is coordinated by the Secretary of the Expert Counciland the Secretary of the Parliamentary Group. The President of theSDS Expert Council is also invited to meetings of the SDS ExecutiveBoard.
Thebodies of the Expert Council are formed in analogy to the Governmentbodies. Details of the organisation of the Expert Council aredetermined by the SDS Executive Board, which can in addition to theaforementioned bodies also establish other Expert Council bodies.
When theSDS is part of the Government coalition, members of the SDS ExecutiveBoard appoint, from among themselves, and discharge the President ofthe SDS Expert Council. When the party is in opposition, the SDSPresident also holds the office of President of the Expert Council.
Meetings of the Expert Council are convened by the President ofthe Expert Council on his or her own initiative or on the request ofthe SDS Executive Board. Presidents of the Expert Council'scommittees are nominated by the President of the Expert Council andconfirmed by the SDS Executive Board. The President of an ExpertCouncil's committee appoints other members of the committee. Membersof the Expert Council are persons whose expertise contributes to thequality of the work done by the SDS. Membership in the SDS ExpertCouncil is not conditioned by membership in the SDS.
THE SDS SUPERVISORY BOARD
The SDSSupervisory Board is elected by the SDS Congress and consists of fivemembers. Meetings of the Supervisory Board are convened and chairedby the President of the Supervisory Board, who is elected by theSupervisory Board from among its members. Before the President iselected, meetings of the Supervisory Board are convened by the SDSPresident.
- 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 bodyof the SDS to which the Supervisory Board addressed a request toeliminate errors, irregularities, non-compliance or inconsistenciesfails to meet this request, the unresolved issue is decided on by theSDS Council, whose resolution is binding.
Membershipin the Supervisory Board is incompatible with any other electedoffice in the SDS at the national level. A member of the SupervisoryBoard cannot take part in a decision on an issue in which he or sheis involved.
The SDSCouncil can elect an alternate member of the SDS Supervisory Boardonly if a member of the Supervisory Board leaves the SDS, resignsfrom office or twice consecutively fails to attend the SupervisoryBoard's meetings without justification.
Rules on the work of theSDS Supervisory Board are set out in detail in the Regulations on theSDS Supervisory Board, which are adopted and modified by the SDSCouncil.
THE SDS PARLIAMENTARY GROUP
SDScandidates elected into the National Assembly and the NationalCouncil of the Republic of Slovenia are members of the SDSParliamentary Group and the Councillor Group respectively (bothreferred to as: the Parliamentary Group). An MP who was neither anSDS candidate nor elected from the SDS candidate list can, with theconsent of the SDS Executive Board, join the SDS Parliamentary Groupprovided that he or she accepts the SDS Programme and Statute.
On theproposal of a majority of members of the SDS Parliamentary Group, theSDS Executive Board appoints the Head of the SDS Parliamentary Group.The SDS Parliamentary Group adopts the Rules of Procedure of theParliamentary Group with at least a two-thirds majority of allmembers and with the consent of the SDS Executive Board. TheSecretary of the Parliamentary Group is appointed by the SDSParliamentary Group (in the National Assembly) with the approval ofthe SDS Executive Board. Members of the SDS Parliamentary Group whoare also members of the SDS have the right to attend meetings of theSDS Council and the Congress. The work of members of the SDSParliamentary Group is based on the SDS Statute, Programme and views.Members of the SDS Parliamentary Group are accountable for their workto the party. The SDS Parliamentary Group proposes and representsinitiatives in Parliament, and realises the policies of the SDSCongress, Council and Executive Board. The SDS Congress, Council andExecutive Board discuss and form views on proposals and initiativespresented by the SDS Parliamentary Group. The Head of theParliamentary Group reports on the work of the group to the SDSCouncil and Executive Board.
Theseprovisions also apply by analogy to groups of SDS representatives inlocal government bodies.
SELECTING CANDIDATES AND ELECTIONRULES OF THE SDS
Any adultcitizen of the Republic of Slovenia with the right to be elected andthe right to vote can become an SDS candidate.
Candidatescan be nominated by municipal executive boards, regional coordinationbodies, SDS bodies, bodies of the SDS forums and other SDSorganisations at the national level. When so determined by the SDSCouncil, candidates can also be nominated by the executive boards oflocal SDS committees and by individual SDS members. The names ofcandidates for offices within bodies of the Republic of Slovenia thatare elected at the national level are sent to the SDS nationalelection team, the members of which are appointed by the SDSExecutive Board.
Inproposing and selecting candidates, the following criteria are takeninto 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 SDSExecutive Board, in consultation with presidents of the SDS municipalcommittees and regional coordination bodies, make a selection andprepare a proposed candidate list. The maximum number of candidateson the list equals the number of candidates to be actually elected.
Beforebeing 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).
Acandidate for President of the state and candidates for MPs aredetermined by the SDS Council by secret ballot on the proposal of theSDS Executive Board. On the proposal of the SDS Executive Board, theSDS can determine other mutual obligations in an agreement concludedwith a candidate. Candidates and candidate lists as well aspreliminary procedures are regulated in detail in the election rulesadopted by the SDS Council.
CANDIDATES FOR POSITIONS IN THESDS, AND THE DURATION AND CESSATION OF THEIR TERM OF OFFICE
Inproposing candidates for positions in the SDS, the following criteriaare 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 termof office for all positions in the SDS is four years, except whereotherwise provided in this Statute. The term of office ends with theexpiration of this four-year period, with the cessation ofmembership, or by decision of a competent body.
A member of anSDS body or a holder of other office in the SDS can resign from hisor her position. His or her resignation takes effect when the body inwhich this member holds office receives his or her letter ofresignation. Where the person resigning is a president or an actingpresident, the body in which this person held office appoints anacting president until a new president is elected or appointed.
CONVENING AN EXTRAORDINARYCONFERENCE OF A MUNICIPAL COMMITTEE
If amunicipal committee fails to fulfil its obligations, the SDSExecutive Board convenes an extraordinary conference of the municipalcommittee concerned. It is deemed that a municipal committee fails tofulfil its obligations if:
a) itfails to submit to the SDS Executive Board minutes of the municipalcommittee's conference for the current year; or
b)a session of its executive board has not been convened for more thansixty days; or
c)the Supervisory Board of the SDS establishes that the municipalcommittee is not abiding by the SDS Statute or is acting contrary tothe SDS Programme; or
d) itfails to submit, on the request of the SDS Supervisory Board orSecretary General, its balance sheet, any other requested report onits material and financial operations, or other documents that areessential for the work of the SDS in due time; or
e)it fails to get the consent of the SDS Executive Board on a proposedcandidate or candidate list for local government bodies that areelected directly before submitting the candidate name or candidatelist.
Anextraordinary conference related to the non-fulfilment of obligationsor poor functioning of a municipal committee can also be convened onthe basis of a well-grounded written proposal of a regional SDScoordination body.
When anextraordinary conference is convened on the basis of this Article ofthe Statute (due to a municipal committee's poor functioning ornon-fulfilment of statutory obligations), the term of office of allbodies of the committee terminates on the day of the conference,while their members can stand as candidates for office in thecommittee again only with the consent of the SDS Executive Board.
Theassets of a municipal committee whose bodies have been terminated aremanaged by the SDS Secretary General until new bodies areconstituted.
PUBLIC NATURE OF THE WORK OF THESDS
Thefunctioning of the SDS is public. In exceptional circumstances, anSDS body can hold a closed meeting upon the decision of a majority ofits members.
THE FUNCTIONING OF THE SDS INEXTRAORDINARY CONDITIONS
Inexceptional or extraordinary conditions when the SDS can no longerfunction normally all powers of the SDS Council are transferred tothe SDS Executive Board. If this is not possible, all powers aretransferred to the President of the SDS. All decisions to this effectmust be submitted for approval to the SDS Executive Board and the SDSCouncil as soon as practical.
TERRITORIAL ORGANISATION OF THESDS
REGIONAL COORDINATION BODIES
Regionalcoordination bodies are permanent organisational forms of the SDS.Regional coordination bodies deal with organisational and politicalissues, and submit proposals, initiatives and opinions to the SDSCouncil and Executive Board, which are obliged to reply to thesesubmissions. A regional coordination body consists of the presidents,or their authorised alternates, of all municipal committees in theterritory covered by it.
Presidents of interest organisations andforums at the regional level, or their authorised alternates, arealso members of the relevant regional coordination body. Theterritories of regional coordination bodies are determined by the SDSCouncil.
Aregional coordination body must hold a meeting prior to each sessionof the SDS Council, and the President of a regional coordination bodyis also obliged to convene a meeting on the request of any of itsmunicipal committees or on the request of any other SDS body. Themunicipal committee requesting a regional coordination body meetingshould submit a written request to this effect with discussiondocuments attached. The deadline for convening a meeting is 8 daysafter receiving the request. If the President of a regionalcoordination body, despite having received such a request, does notconvene a meeting this can be done by the SDS Secretary General.
Arepresentative of the SDS General Secretariat and the SDS ExecutiveBoard member responsible for a particular regional coordination bodyare invited to its meetings.
ThePresident of a regional coordination body is elected by its members.A candidate is deemed to be elected when he or she has the support ofa majority of all municipal committees belonging to a regionalcoordination body and when the SDS Executive Board approves his orher election. A region can also have a regional secretary, who isappointed by the regional coordination body.
SDS MUNICIPAL COMMITTEES
AnSDS municipal committee can be registered at the competentadministrative body as part of the SDS. As such, municipal committeesare financially independent and can assume obligations and enter intolegal transactions within the limits of their activities. Forobligations thus assumed, each municipal committee is liable with allits assets.
BODIES OF A MUNICIPAL COMMITTEE
An SDSmunicipal 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.
CONFERENCE OF A MUNICIPALCOMMITTEE
Theconference of a municipal committee is the supreme body of amunicipal committee and consists of all members of the municipalcommittee. It is convened by the relevant municipal executive boardat least once annually on its own initiative, on the request of therelevant municipal supervisory commission, more than one half of thepresidents of the local SDS committees belonging to this particularSDS municipal committee, or at least fifteen percent of members ofthe municipal committee.
ThePresident of a municipal committee must send invitations for aregular conference to all members of the municipal committee, the SDSGeneral Secretariat, the SDS Executive Committee member responsiblefor the regional coordination body, and the President of the regionalcoordination body at least eight days before the conference. Theconference has a quorum if attended by at least ten percent of itsmembers.
Theminutes of the conference must be sent by the President of themunicipal committee to the SDS Executive Board and the President ofthe regional coordination body no later than fifteen days after theconference.
POWERS OF THE CONFERENCE OF AMUNICIPAL COMMITTEE
Theconference 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.
MUNICIPAL EXECUTIVE BOARD
Amunicipal executive board consists of the President of the executiveboard, members elected by the conference of the municipal committee,the President of the Slovenian Democratic Youth and the Head of thecouncillor group. A municipal executive board, except in municipalcommittees that establish a council of the municipal committee, meetsand makes decisions in an enlarged composition, which in addition tothe aforementioned members also includes the presidents of municipalcommittees, interest organisations and forums, the presidents oflocal 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 municipalcommittee always invite to meetings of their executive board themayor and municipal councillors representing the SDS, who by analogyhave the same rights as determined in this Statute for MPs attendingmeetings of the SDS Executive Board.
All documents and invitations are also sent to the President of therelevant municipal supervisory commission.
The conference of amunicipal committee must determine the number of members to beelected into the municipal executive board in proportion to thenumber 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.
POWERS OF A MUNICIPAL EXECUTIVEBOARD
Amunicipal executive board establishes local or neighbourhoodcommittees of the SDS, determines the distribution formula betweenthe municipal and local committees, and realises the policies anddecisions of the municipal conference. At the municipal level, amunicipal executive board has powers analogous to those of the SDSExecutive Board at the national level. At its first meeting, amunicipal executive board elects at least one vice-president fromamong its members and appoints a secretary. The minutes of theconstitutive meeting of a municipal executive board, which must beconvened no later than fifteen days after the conference, must bedrawn up within eight days after the constitutive meeting.
Theminutes of regular and extraordinary meetings of a municipalexecutive board must be sent by its President to the SDS SecretaryGeneral and the President of the regional coordination body no laterthan fifteen days after the meeting.
COUNCIL OF A MUNICIPAL COMMITTEE
Amunicipal committee with more than 400 members also elects its owncouncil. This council of the municipal committee consists of allmembers of the municipal executive board, SDS councillors in themunicipal or city council, the mayor elected from the SDS candidatelist, and a specific number of members elected by the conference ofthe municipal committee from among the members of local committeesfollowing the distribution formula determined by the municipalexecutive committee. The maximum number of members elected into acouncil may not exceed 20.
Theconference of a municipal committee can transfer part of its powersto the council of the municipal committee, however, the councilcannot elect or discharge the President and members of the municipalexecutive board.
THE PRESIDENT OF A MUNICIPALCOMMITTEE
ThePresident 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.
Afirst-time president of a municipal committee is obliged to attend atraining course for new presidents of municipal committees, which isorganised four times a year by the SDS General Secretariat, no laterthan 90 days after his or her election. If he or she fails to attendsuch a training course, his or her office as president ceases, andthe President of the regional coordination body must convene anelection conference of the municipal committee within 15 days.
Theelection of a president of a municipal committee must be approved bythe member of the SDS Executive Board responsible for the relevantregional coordination body no later than 15 days after the election.Written approval is sent to the relevant municipal executivecommittee and the SDS General Secretariat. The member of the SDSExecutive Board responsible for the regional coordination body shouldnot approve the election of the President of a municipal committeeif:
- 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 themember of the SDS Executive Board responsible for a particularregional coordination body does not issue approval on the election ofa municipal committee President, he or she is obliged to re-convenethe conference of the municipal committee within 30 days of the lastelection conference. He or she is obliged to inform the conferencewhy the candidate was not approved. The conference can then elect anew president of the municipal committee or re-confirm the previouslyelected president. This decision is final. The SDS Secretary Generalor a representative authorised by the SDS Secretary General mustattend the re-convened conference.
MUNICIPAL SUPERVISORY COMMISSION
Amunicipal supervisory commission consists of three members, who electthe President from among themselves Meetings of a municipalsupervisory commission are convened and chaired in analogy to thoseof the SDS Supervisory Board.
Amunicipal 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 themunicipal SDS body to which a municipal supervisory commissionaddresses a request to eliminate errors, irregularities,non-compliance or inconsistencies fails to meet this request, theunresolved issue is decided on by the relevant municipal conference,whose decision is binding.
Membershipin a municipal supervisory commission is incompatible with any otherelected office in the SDS at the municipal level. A member of amunicipal supervisory commission cannot take part in a decision onan issue in which he or she is involved.
ORGANISATIONAL STRUCTURE OF AMUNICIPAL COMMITTEE
An SDSmunicipal committee can be divided into two or more local committees,and into neighbourhood committees within city municipalities. Localcommittees are established on the basis of a decision adopted by theSDS municipal conference.
Amunicipal executive board can also establish a municipal committeeexpert council. The tasks and powers of a municipal expert councilare analogous to those of the SDS Expert Council at the nationallevel, and municipal expert council commissions are as a rule formedin analogy to the organisational structure of the municipaladministration and its departments.
Othermunicipal committee bodies and rules on their work can berespectively formed and adopted by the municipal committee in theRules of Procedure, which are adopted by the SDS municipalconference.
SDS LOCAL COMMITTEES
An SDSlocal 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 thoselocal communities (including village and neighbourhood communities)where a local committee has not yet been established, the relevantmunicipal executive board appoints an authorised SDS representative.The municipal executive board can also appoint authorised SDSrepresentatives for individual settlements, villages or cityneighbourhoods.
The modeof work and powers of local committee bodies, which cannot exceed thepowers of the main local committee, are defined by the conference ofthe relevant municipal committee in the resolution on theestablishment of these bodies.
Rules onthe work of SDS local committee bodies are described in detail in theSDS local committee Rules of Procedure, which are adopted by theconference of the local committee.
Theexecutive board of the local committee can establish districtcommittees, determining their powers in the resolution on theirestablishment.
METHOD OF DISTRIBUTION OFFINANCIAL RESOURCES
Theformula for distributing financial resources among the SDS bodies atthe municipal, regional and national levels is determined by the SDSCouncil. The formula for distributing financial resources amongmunicipal and local bodies is determined by the conference of eachparticular municipal committee.
OTHER ORGANISATIONAL FORMSArticle 37
TheSlovenian Democratic Youth (SDM), the SDS Women’s Committee, andthe SDS Seniors' Club (KSS) are independent organisations within theSDS. Their members accept the SDS Programme and Statute, whilst theirorganisation and work is governed by their own Rules of Procedure andProgrammes, with the exception of the Slovenian Democratic Youth,which has its own Statute that complies with the SDS Statute. Theinterest organisations may have their own logo and official seal.
TheSlovenian Democratic Party can establish forums and other interestassociations (hereinafter: forums). The Slovenian Democratic Partyestablishes the SDS Club of Mayors and the SDS Heads of MunicipalCouncillors’ Club. Decisions on the establishment of other forumsare adopted by the SDS Council.
A forum can have its own logo andofficial seal.
A forumcan be dissolved by decision of the forum's supreme body. When aforum is dissolved or is no longer registered as an independentorganisation, all its assets belong to the SDS. A forum regulates itsorganisation and work in its Rules of Procedure, which are adopted byits supreme body.
FINANCIAL OPERATIONSArticle 39
The SDSis funded through ordinary and extraordinary sources. Ordinarysources of finance are used to fund the SDS' regular activities.Ordinary sources of finance consists of proceeds from the membershipfees, contributions by legal entities and individuals, the publicbudget and income from commercial activities in accordance with thelaw.
Extraordinarysources of finance are used to finance the party's electionactivities. Extraordinary sources of finance consist of ear-markednational budget appropriations and ear-marked contributions providedby legal entities and individuals in accordance with the law.
Financialoperations and the transfer of financial resources are governed ingeneral by this Statute, and in detail by the regulations adopted bythe SDS Council.
THE MANAGEMENT OF SDS ACTIVITIES
At thenational level, SDS operations are managed by the SDS SecretaryGeneral, who is also responsible for implementing decisions adoptedby the SDS bodies, and for the legality and compliance of SDSoperations with accounting rules and SDS acts. On the basis ofdecisions adopted by the SDS Executive Board or the authorisationgiven by the SDS President, the Secretary General represents the SDSin concluding contracts.
The General Secretariat of the SDS isthe organisational unit of the SDS that performs all tasks necessaryto carry out SDS activities at the national level.
THE MANAGEMENT OF THE ACTIVITIESOF MUNICIPAL COMMITTEES
Amunicipal committee cannot incur debts. In exceptional circumstances,it can borrow upon prior approval of the SDS Executive Board.
There isjoint and several liability between the central bank account and itssubaccounts.
Authorisedsignatories of an SDS municipal committee are appointed by therelevant municipal executive board. Every payment order of amunicipal committee must be signed by at least two authorisedsignatories. The payment order must be based on a decision of SDSbodies, the municipal executive board or applicable regulations.
In orderto generate income, the SDS can establish companies, invest incompanies or participate in the profit of companies in accordancewith the law. Decisions on these activities are made by the SDSExecutive Board.
The SDS can establish or co-establish media, foundations, societies and other forms of association in accordance with the law.
TERMINATION OF THE SDS
The SDScan be terminated only at the decision of the SDS Congress with atwo-thirds majority vote of all its members. Each member votes on thetermination proposal with his or her full name.
In the event oftermination, the Congress decides on the purpose of SDS’ financialresources and how they will be used.
TRANSITIONAL AND FINAL PROVISIONS
USE OF THE PRINCIPLE OF ANOLOGY
Theprovisions of this Statute are applied mutatis mutandis to allissues not directly addressed by it.
DEADLINE FOR ALIGNMENT
Allinternal acts of the SDS should be aligned with provisions of the newStatute by 31 December 2005.
VALIDITYOF THE STATUTE
ThisStatute enters into force when it is adopted by the SDS Congress witha two-thirds majority of all Congress members present. This Statutewas adopted by the 7th SDS Congress on 19 May 2001 inCelje.
Amendmentsto this Statute were adopted by the SDS Council at its session on 23September 2003 in Izola.
Amendmentsto this Statute enter into force when adopted by the 8thSDS Congress with a two-thirds majority of all Congress memberspresent.