LETTER OF THE PRESIDENT OF THE REPUBLIC OF SLOVENIA MILAN KUCAN, TO DEPUTIES OF THE NATIONAL ASSEMBLY

Ljubljana, 12 May 1997


Ref. 006-00-1/97
Ljubljana, 12 May 1997

Honourable Deputies of the
National Assembly of the Republic of Slovenia,

On the basis of Articles 102 and 107 of the Constitution of the Republic of Slovenia, and Article 294 of the Standing Orders of the National Assembly, I wish to acquaint you with my views on the "Proposed law on ratification of the Europe Agreement on Association between the Republic of Slovenia on the one hand and on the other the European Communities and their individual member states which function within the framework of the European Union, through a special resolution; and of the Protocol changing the Europe Agreement on Association between the Republic of Slovenia on the one hand and the European Communities and their individual member states functioning within the European Union on the other hand (MESP) - EPA 120-II".

The Government of the Republic of Slovenia has proposed to the National Assembly of the Republic of Slovenia that the agenda for the 4th extraordinary session of the National Assembly on 14 May 1997 be expanded to include the proposal of this law.

Honourable deputies, your decision on this agreement will be a groundbreaking and vital decision on the future of Slovenia. In the plebiscite of 23 December 1990 the citizens of Slovenia voted for the Republic of Slovenia to become an independent state. The Statement of Good Intentions, which the then Assembly of the Republic of Slovenia adopted on the calling of the plebiscite, stressed that through the will expressed in the plebiscite by the Slovene nation, the Italian and Hungarian ethnic communities and all other voters in the Republic, Slovenia should finally and de facto become a sovereign and democratic state based on the rule of law and the welfare of its citizens. This state would be founded on human freedoms, work and enterprise, on social justice and security for all, on ecological responsibility and on the best democratic traditions of Slovenia and Europe. The Statement also defined Slovenia's relations towards the world, its intention to become a member of the UN and to involve itself in all the major international organisations, as well as to secure appropriate links with the European Community. On the basis of the plebiscite decision, the Slovene Assembly adopted on 25 June 1991 the independence documents, and reiterated its commitment to equal cooperation of all nations and citizens in a Europe of free and equal people, regions, nations and states, alongside the unequivocal preservation of the Slovene national identity. To date, the administrators of the Slovene state have been faithful in their actions to this decision and its fulfilment. They have also maintained this faithfulness in their efforts and arduous negotiations over association and inclusion in the EU and NATO. And the current administrators of the state are also bound to this decision. Indeed they received a mandate to pursue this very decision in the recent elections.

On 11 April 1996 the National Assembly adopted the standpoints and resolutions on relations between the Republic of Slovenia and the European Union, Italy and NATO. In these standpoints one of the fundamental goals set out for the Republic of Slovenia is full membership in the European Union by the year 2001. Associate membership, facilitated by the Europe Agreement on Association, is defined in line with Slovenia's interests as an intermediate stage on the path to full membership. The National Assembly has established that one of the essential conditions for equal membership in the European Union is the free trade in real estate. In line with this the National Assembly has explicitly stated its intention to deregulate the real estate market. The National Assembly authorised the government to sign the Europe Agreement on Associate Membership on the basis of the views of the European Union expressed in the resolutions of the Madrid summit of the European Council and the resolution of the European Parliament. In its standpoints the National Assembly also established that the government had already submitted a proposal to the National Assembly for a change in the Constitution, in this way expressing a clear readiness to bring Slovene legislation into line with the legislation of European Union member states. At that time the National Assembly also resolved that the Republic of Slovenia would submit an application for full membership in the European Union. The final decision on entry into the European Union and full membership would, in line with these standpoints and resolutions, be taken by the citizens of the Republic of Slovenia in a referendum. This document also sets out the desire of the Republic of Slovenia to provide for its fundamental security interests within the system of collective defence provided by membership of NATO. In the same way, the Republic of Slovenia wishes to become a member of the Western European Union, and regards this as an important element of its incorporation into the European Union.

Honourable deputies, you now face a decision with which you will confirm the will of the Slovene parliament and the entire country expressed formally last year, and in this way open up a path for Slovenia to decide on the future of Europe and therefore on the future of Slovenia itself. If a negative decision on your part closes us off from the European dialogue, in which the crucial moment will arise on 16 and 17 June at the meeting of the European Council in Amsterdam, and pushes us into self-isolation, it will be others who will decide on us and our future. And not because they would not want us to participate in this dialogue, but because we ourselves had withdrawn from it. This would without doubt be an unforgivable error, one which would nullify the sense and credibility of the plebiscite and the national emancipation of Slovenia.

Through the decision to ratify the agreement on associate membership of the European Union, you will guarantee to Slovenia and its citizens, on the path towards full membership of the EU, economic and spiritual development, prosperity, social and national security, the possibility of broad progress for the individual and the community, and the protection of the Slovene people's national identity. The alternative to incorporation into Euro-Atlantic associations is, in my firm conviction, simply the self-isolation of Slovenia, the closing of possibilities for economic development and modernisation, undermining the creation of new jobs and increasing unemployment, jeopardising the prosperity and quality of life and sliding into an unstable social and political situation with unpredictable and negative consequences. There is no doubt precisely what is being decided upon now by the administrators of our state, who are indeed in this decision represented by yourselves, honourable deputies. You are deciding upon the fulfilment of a covenant which is, in essence, the plebiscite decision on the independence of the Slovene state and the confirmation of its European spiritual and civilisational tradition and identity.

I am convinced therefore that you will, honourable deputies, confirm the European Association Agreement. In this way you will express your unequivocal will and the will of Slovenia to enter the European Union as a full member. By doing so you will remove all the doubt and uncertainty over the serious intentions of Slovenia that was created by the internal political turmoil in the run up to and aftermath of the elections, and by the hesitancy following the adoption of the standpoints and resolutions of 11 April last year. With this action of yours, in Europe and in all its international dealings Slovenia will earn trust, respect and credibility, which at this moment have been seriously shaken.

In the same way, honourable deputies, this decision of yours that carries such importance should not allow for any doubt that it has been made in a constitutional way. It would in no way benefit the credibility of the decision, nor the credibility of and confidence in our country if it was possible in any way to doubt this decision's constitutionality or legality. Such a decision would merely increase the doubts over the maturity of our country and its administrators. Just as throughout the time of preparation for independence, in its direct implementation and in the efforts to secure international recognition of the new independent Slovene state we consistently observed and fulfilled the principle of legality, so the ratification of the association agreement with the European Union, which in my judgement is essential and which I therefore resolutely support, must also be conducted in the National Assembly in a legal and constitutional manner. I am convinced that you, too, are aware of this, honourable deputies. For this reason I believe that at the same time as the procedure for ratification of the Europe Agreement on Association you will also adopt the resolution with which you will begin the procedure for amending those provisions of the Constitution of the Republic of Slovenia connected to the Agreement. In this way the National Assembly will express the unassailable will to begin the procedure to amend that provision of the Constitution of the Republic of Slovenia which represents a key obstacle to political and economic cooperation and which has long been cited as such by the EU, the USA and other developed countries which desire multilateral and productive cooperation with Slovenia. The proposal to amend this constitutional provision was submitted by the government to the National Assembly back in May 1995. Through such a decision, which would link the validity of the law on ratification of the Europe Agreement on Association to the constitutional amendment, there would no longer be any need to verify the constitutionality of the ratification, since this would merely introduce new doubts over the seriousness of Slovenia's intentions and additionally complicate our relations with the Union, as well as thwart the possibility of Slovenia's inclusion in the dialogue on the future of Europe following the meeting of the European Council in Amsterdam.

The development of relations within the EU and in the relations between its member states is clearly mapped out. They will mutually promote and protect their development, prosperity, security and stability, and they will therefore protect themselves against influences which might threaten them economically, socially, politically and in the area of security. They will set up barriers to the free passage of goods, services, technologies and people - which will all be promoted within the European Union - on the borders with those countries that are not included in the EU. This will represent in objective terms a new division of Europe. As for which side of the border that will divide the continent we choose, each and every one of us will be able to decide for themselves, each person can realise the value of their interests and choose their own fate. The countries of the EU have determined the conditions for enlargement and they will wait for no one. This decision cannot therefore be passed on to someone else, nor can excuses be made to history. Responsibility for it can and must be taken by each person individually.

Honourable deputies to the National Assembly, the responsibility is upon you to confirm, through your decision on associate membership of Slovenia in the EU with the ratification of the Europe Agreement on Association, the will of the Republic of Slovenia to enter into full membership; it is also your responsibility to take this decision in full observance of the legal order and Constitution. In this way you will create the conditions for the citizens of Slovenia, its electorate, as has been the case in certain other European countries prior to acceptance as full members of the EU, actually to verify their will regarding this decision, for without confirmation of the Europe Agreement on Association, there could be no decision taken on full membership.

For myself there was never any doubt - and this concurs with the decision taken last year by the National Assembly - that such an important decision as full membership of the EU must be taken ultimately by the citizens in a referendum. But they must at that time be fully acquainted with the conditions that membership will impose, with the consequences of their possible decisions for themselves and for the country as a whole, with the advantages and rights and with the obligations and duties. In the organisation of a referendum understood in this light, and indeed essential before the decision on full membership; in this referendum where it will be possible to check the will of our citizens regarding this decision, responsibility must be taken by the National Assembly and particularly by the Government of the Republic of Slovenia. Together with the National Assembly, the Government is also responsible for the Slovene state protecting its advantages in entering European associations, and in this way protecting its national identity, which indeed it must protect, and as we have seen the protection and preservation of national identities by all the other countries that have decided to join European associations, and as they continue to do now, in the dialogue within the EU. Here they are acting in the certainty that the EU can only be a creative community of diversity, which is connected by common interests and a common system of the values of European civilisation, which at the same time respects differentness, for it is aware that otherwise it has no future. And so, too, must Slovenia act in this way. For this reason it is essential that in entering the EU the Government and National Assembly effect the accelerated drafting of laws and other measures for protecting our national interests. There are no reasonable excuses for delaying the drafting and adoption of these measures, although I believe that through painstaking and systematic work, and with the cooperation of the Government and the National Assembly, what has become delayed can be put right.

The present decision on Slovenia's associate membership of the European Union, which you, honourable deputies of the National Assembly, now face, signifies a decisive step on the path upon which we set out in December 1990 through the plebiscite decision in favour of an independent country of Slovenia. Now, too, we are concerned with deciding upon the fate of the Slovene nation, and the future of the citizens of Slovenia of current and coming generations. I have no doubt that you are aware of the responsibility that has been placed upon you by history, and I expect that on this occasion, too, you will demonstrate together with the Government of the Republic of Slovenia that you are ready to assume this responsibility before the citizens of the Republic of Slovenia and before the world. Taking such an important decision signifies a decisive step forward from the easy commitment to Europe that was made merely in principle and without any definite bond. This decision now is a real commitment, with all the consequences that this entails. For this reason, too, a mere decision against confirming the Europe Agreement on Association would not be enough, for it would offer nothing, and it could not or would not be able to tell the truth about what kind of life we would have in Slovenia if it is condemned to self-isolation. For as long as the administrators of the state put off the decision on joining the EU or even decide against inclusion, Slovenia will, in spite of its broad links with and dependence on the countries that are members of the EU, be excluded from the decision-making about its future within the emerging connected Europe of cooperation. In this way we would be missing or even foregoing the possibility of deciding on our environment in Europe and securing for ourselves the possibility of stable, democratic development, economic success, security and the prosperity of our people. This is a real dilemma, and one which will decide on the general interests of the country and all its citizens. Due responsibility must be taken for deciding on this dilemma.

Honourable deputies, in April 1966 the National Assembly adopted a firm position on Slovenia's entry into associate membership, authorised the Government to sign the Europe Agreement and supported the Government in its proposal to amend the Constitution and bring Slovene legislation into line with the laws of the European Union. Respect of the domestic Slovene legal order, respect of our own decisions and our duty to protect the credibility of the state of Slovenia at home and around the world, would, I am convinced, require you to decide in favour of confirming the Association Agreement and that you do this in the constitutionally proper way, so that the law on ratification will have an incontrovertible constitutional basis.

In adopting the decision to call a plebiscite, in 1990 all the political parties represented in the Slovene parliament demonstrated extraordinary maturity and responsibility, and were capable of achieving consensus regarding both the decision to hold the plebiscite and the manner of implementing the decision adopted in the plebiscite in favour of establishing the independent state of Slovenia. I believe that now, too, given the extraordinarily challenging and crucial nature of the decision, there exists the same maturity and responsibility of Slovene parliamentary political parties, and that in accordance with their responsibility for fulfilling the decisions taken in the plebiscite and on independence they are capable and ready to conclude an agreement on acting in concert regarding these decisions, right up to their verification before the final decision on full membership in the EU in the universal referendum.

Honourable deputies, full membership in the European Union is a vital issue for Slovenia. I am therefore convinced that through consensus the deputies and parliamentary parties will wield sufficient power and wisdom to secure the ratification of the Association Agreement and the necessary constitutional amendments. In this way it will become clear what this country desires, what aims govern its behaviour, and it will be clear that in fulfilling these aims it is acting legally. Slovenia and its administrators will enhance their standing, and the citizens of the Republic of Slovenia will be offered and secured a future European life, a life on a par with the citizens of the advanced European countries that are member states of the European Union.

Honourable deputies, may I wish you in your decision-making sufficient perspicacity, wisdom and courage.


Milan Kucan