Vloga prikazov tujih pravnih ureditev v predlogih (sprememb in dopolnitev) zakonov

slovenian

2026

volume 63, issue 2

draft law   presentation of foreign legal systems   quality of legislation   rational legislator   Rules of Procedure of the National Assembly

Univerza v Ljubljani, Fakulteta za družbene vede
(Obvezni izvod spletne publikacije)

The article examines the obligation in the Republic of Slovenia for every legislative proposal to include presentations of foreign legal systems, as pre scribed in Article 115 of the Rules of Procedure of the National Assembly. Although the purpose of this requirement is unclear, it is a distinct element of the Slove nian legislative drafting process that promotes familiarity with foreign regulatory approaches. An empirical analysis of legislative proposals adopted between 2018 and 2022 shows that, on average, they included more than three presentations, thereby exceeding the formal minimum. Austria, Germany and Croatia are most frequently presented, reflecting the influence of geographic, linguistic and cultural factors on which foreign systems are selected. Most overviews were general, succinct and provided additional contextual background, whereas around one-quarter of them gave additional justification for the proposed solutions as normative author itative arguments. The fact that the purpose of these presentations is not defined, coupled with the absence of clear methodological guidelines while doing so, causes divergent practices, including ones that reduce its potential impact on the rational ity of the legislative process and the quality of legislative proposals.

22.07.2026