Area: Delovno pravno
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 44
Initiative accepted and completed: '2012-09-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-08-31'
Initiative published: '2012-08-31'
Initiative submitted: '2012-08-24'
Response from the competent authority: "We have examined the petition for administrative\
  \ relief or simplification of the procedures relating to the registration of amendments\
  \ to the basic act of an association (Article 20 ZDru-1). The petitioner states,\
  \ inter alia, that if, in the process of registration of amendments to the basic\
  \ act, the administrative unit disagrees with the amendment of only one provision\
  \ of the basic act, but accepts all other amendments as correct, it rejects the\
  \ entire basic act, which also means the amendments that, in the opinion of the\
  \ administrative unit, are correct and in compliance with the applicable legislation.\
  \ The petitioner submits that, in this case, the association is prevented from continuing\
  \ its work in accordance with the amendments that were not problematic and argues\
  \ that it would have been more correct for the administrative unit to approve the\
  \ amendments that are compatible (which would have been in accordance with the principles\
  \ of economy, efficiency and the protection of the rights of the parties), and to\
  \ reject only those amendments which the Administrative Unit decides are not in\
  \ conformity with the law (the amendment of each individual provision of the basic\
  \ act could be considered by the Administrative Units as an individual claim, which\
  \ follows from a logical interpretation of the institution of the partial decision).\
  \ This would allow the association to continue its operations in the light of the\
  \ amendments adopted, which are correct and lawful, and to continue with the appeal\
  \ procedures in respect of the others. The proposer suggests that the wording of\
  \ the Law on Associations, in particular Article 20(1) of the Law on Associations,\
  \ would make sense. Article 20, should be drafted in such a way that it would be\
  \ clear to even the most untrained civil servants that they can only issue a decision\
  \ rejecting amendments to provisions that they consider to be inconsistent with\
  \ the law and approving amendments that they consider to be in conformity with the\
  \ applicable law.\r\nThe Ministry of the Interior does not agree with the proposal.\r\
  \nThe Association is a membership organisation, which brings together members for\
  \ common non-profit interests, and therefore it must have a basic act (Official\
  \ Journal of the Republic of Slovenia, No 64/11-UPB2; hereinafter referred to as\
  \ ZDru-1), which must be in accordance with ZDru-1 and the legal order of the Republic\
  \ of Slovenia. The basic act of the association is the founding act as well as the\
  \ organisational act of the association, by which the association defines its internal\
  \ organisation, and as such it is the comprehensive regulation of the association,\
  \ in which the association, primarily for the purpose of its activities, defines\
  \ its internal organisation. The functioning of the association must be based on\
  \ the principle of autonomy, equality, non-profit and publicity, and therefore the\
  \ provisions of the basic act which are essential for the functioning and management\
  \ of the association (the provisions referred to in Article 9(1) ZDru-1) must be\
  \ adopted by the assembly of members, which is the highest organ of the association\
  \ and is composed of all members. Other provisions of the basic act (and amendments\
  \ thereto), by which the association also regulates other issues (e.g. determines\
  \ the body that may change the address of the registered office of the association,\
  \ determines the emblem of the association, etc.), and which are not a compulsory\
  \ part of the basic act pursuant to Article 9(1) ZDru-1, may also be adopted by\
  \ another body of the association, determined by the basic act. If the Society amends\
  \ the basic act and if the basic act provides that it shall enter into force immediately,\
  \ the amendments to the basic act (or the basic act if adopted in its entirety)\
  \ shall be effective for the Society immediately. The registration of an amendment\
  \ to the constituent instrument is important in particular for the protection of\
  \ legal transactions and for the up-to-dateness of the information kept on the association\
  \ in the register of associations. Therefore, Article 20 ZDru-1 stipulates that\
  \ the association must request the registration of the amendment within 30 days\
  \ of the occurrence of the amendment. The duty of the registration authority in\
  \ the administrative registration procedure is to determine (and not, as the petitioner\
  \ states, to think or to assess) whether the statutory conditions for the registration\
  \ of amendments have been met, which means that it must determine whether the association\
  \ has adopted the amendments in accordance with the basic act and whether the amendments\
  \ adopted are in accordance with the ZDru-1 and the legal order of the Republic\
  \ of Slovenia (Article 4 ZDru-1). If the registration authority finds that the basic\
  \ act or the amendments adopted are not in accordance with ZDru-1 and the applicable\
  \ rules, it shall request the society to harmonise the basic act (Article 19 ZDru-1).\
  \ If it is necessary to harmonise the provisions of the basic act referred to in\
  \ Article 9 ZDru-1, the society must adopt those amendments and harmonisations at\
  \ a meeting of members and in accordance with the procedure laid down in the basic\
  \ act. Otherwise, the principle of publicity of the Society's activities would be\
  \ infringed, as the members of the Society would not be informed of the fundamental\
  \ issues concerning the organisation of the Society, as laid down in the Basic Act.\
  \ Since the basic act of the association, which must contain the provisions of Article\
  \ 9 ZDru-1, is a single whole, its adequacy is also confirmed in its entirety and\
  \ not by individual articles, and therefore the application for registration of\
  \ an amendment to the basic act is also a single application of the association,\
  \ which cannot be decided on by a partial decision. Pursuant to Article 219 of the\
  \ Act on General Administrative Procedure (Official Gazette of the Republic of Slovenia,\
  \ No 24/06-UPB2, 105/06-ZUS, 126/07, 65/08 and 8/10), a decision may be taken by\
  \ partial decision where a matter is decided in parts or individual claims, but\
  \ the individual parts or claims are suitable for decision. In this respect, we\
  \ would like to clarify that the registration authority always decides by partial\
  \ decision, e.g. when an association changes its representative, the address of\
  \ its registered office and its basic act at a general meeting. If it finds that\
  \ the requests for registration of a change of representative and change of registered\
  \ office, which are not related to amendments to the basic act as they are not mandatory\
  \ elements of the basic act as referred to in Article 9 ZDru-1, are suitable for\
  \ a decision, it will issue a partial decision on those requests. With regard to\
  \ the provisions of the basic act that are inconsistent with ZDru-1 or the legal\
  \ order of the Republic of Slovenia, it will ask the association to comply with\
  \ those provisions, and then it will issue a supplementary decision on the request\
  \ for registration of the amendments to the basic act. Notwithstanding the refusal\
  \ of registration, the Society may, as already mentioned, apply in its activities\
  \ (but not in its legal transactions) those amendments to the basic act which have\
  \ not been found by the administrative authority to be incompatible with the ZDru-1\
  \ and the legal order of the Republic of Slovenia.\r\n "
Text file: 44.txt
Title: Registration of amendments to the basic act of the association
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=44
