|Abstract:||By the Constitution of the Republic of Slovenia of 1991, the institute of impeachment of the highest ranking executive state officials due to violation of the constitution and laws has been introduced. The institute of impeachment applies to the President of the Republic of Slovenia, the Prime Minister and ministers. Its purpose is to ascertain their possible accountability for certain illegal actions.
The subject matter of this thesis is the investigation of the function of the President of the Republic with a special focus on the analysis of the process of ascertainment of his accountability and the adequacy of the constitutional regulation in respect of this accountability and the impeachment of the President of the Republic. The aim of the investigation is to confirm the starting theses:
• that the present constitutional regulation of accountability and of impeachment of the President of the Republic at the Constitutional Court is inadequate and
• that the statutory regulation of the procedure of impeachment and ascertaining of the accountability of the President of the Republic is inadequate.
Based on the analysis of the constitutional provisions relating to the accountability of the President of the Republic and other legal provisions (primarily the Constitutional Court Act, Parliamentary Investigation Act, Rules of Procedure of the National Assembly, Rules of Procedure of the Constitutional Court, Rules of Procedure for Parliamentary Investigation and others), it is found that the present regulation as regards the accountability of the President of the Republic is inadequate since it leaves many unanswered questions which, in case of possible institution of a procedure to ascertain the accountability of the President of the Republic, would represent a considerable obstacle in completing such a procedure and/or impeachment of the President.
The thesis presents a proposal for a more adequate constitutional and statutory regulation of the accountability of the President of the Republic from the procedural and substantive viewpoint that is similar to solutions in modern democratic societies and at the same time most suitable for the present level of development of democracy in the Republic of Slovenia.
The thesis outlines the institute of the head of state and presents a comparative analysis of the regulation of the position of the head of state in four basic types of the system of government and/or organization of the state power. For a proper understanding of the present position of the head of state in the Republic of Slovenia, a historical overview of the development of this function since 1941 till the adoption of the Constitution of the Republic of Slovenia in 1991 is carried out. Following is a comparison of the function, position and competences of the head of state in the Republic of Slovenia with the constitutionally comparable regulation thereof in some other states (with parliamentary system of government). Further on, the position, function, competences, representation, information, incompatibility of the function, relation to other state bodies, role, rights and deputizing of the head of state in the Republic of Slovenia are presented and critically assessed. Following are an overview, analysis and a critical evaluation of the accountability of the head of state, a comparative presentation of the regulation related to the accountability of the head of state in four basic types of the system of government, the institute of co-signing, of political accountability and civil liability, the institute of immunity and the institute of impeachment.
The central part of the thesis comprises an overview of the present constitutional and statutory regulation related to the position and accountability of the President of the Republic, the procedure of impeachment of the President of the Republic including the possible institution of the parliamentary investigation being a very delicate preliminary stage of this procedure, and presentation and evaluation of the found deficiencies and of the proposals for|