The Decision for a Referendum
In this round of expansion, Slovenia will be the only one of the
countries that received an invitation at Prague whose citizens will
make the decision on entry through a referendum.
A decision by the National Assembly, which is composed of the
people's elected representatives, would be sufficient for adopting the
decision on Slovenia's entry into NATO. The Referendum and Public
Initiative Act provides that for important decisions, the decision may
be verified through a referendum as well. In line with Slovenian
legislation, those that may propose a referendum are: the government,
the National Council, 30 members of the National Assembly (one-third
of all members) or citizens, if these latter accompany their proposal
with 40,000 signatures.
In public opinion in 2002, the expectation was formed that citizens
would decide on NATO entry in a referendum. Slovenia is thus the only
country among the seven candidates invited to join the Alliance at
Prague that will decide on its membership through a referendum.
On 30 January, by a vote 53 to 10 (with 64 members of the National
Assembly present), the National Assembly of the Republic of Slovenia
adopted a decision to call an advisory referendum on Slovenia's entry
into the NATO Alliance. Before the calling of the advisory referendum
on the EU, the National Assembly ought to have adopted an act binding
itself to respect the outcome of the referendum.
On 7 March 2003 the National Assembly of the Republic of Slovenia
adopted and promulgated a constitutional statute stipulating that the
referenda will be binding, that upon the eventual ratification of
international agreements on entry it will not be possible to call them
again and that invalid ballots will have no effect on establishing the
outcome, because these will not be counted as votes against. The
constitutional statute makes it possible for Slovenia, through an
international agreement ratified by the National Assembly with a
two-thirds majority of all members of the National Assembly, to
transfer the execution of a portion of its sovereign rights to
international organisations that are based on respect for human rights
and fundamental freedoms, democracy and the principles of a state
governed by the rule of law, and entry into a defensive alliance with
states that are based on respect for these values.
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