About the Agency

Statute
      

On the basis of Article 26 of the Public Agencies Act (Uradni list RS [Official Gazette of the Republic of Slovenia], no. 52/02 ) and the first paragraph of Article 35 of the Decision Establishing the Slovenian Research Agency (Uradni list RS no. 123/03), in its third regular session of 22 July 2004 the Management Board of the Slovenian Research Agency adopted this

Statute of the Slovenian Research Agency
 

I. GENERAL PROVISIONS

Article 1

The Slovenian Research Agency shall operate on the basis of the Research and Development Activities Act (Uradni list RS no. 96/02), the Public Agencies Act and the Decision Establishing the Slovenian Research Agency.

The Statute of the Slovenian Research Agency (hereinafter: the Agency) shall lay down the organisation, rights, obligations and responsibilities of the Agency, its method of doing business and financing, and other matters.

Article 2

The founder of the Agency is the Republic of Slovenia (hereinafter: the founder), and the founder’s rights and obligations shall be exercised by the Government of the Republic of Slovenia (hereinafter: the Government).

Article 3

The Agency shall be a legal person of public law, and shall be an indirect user of the budget of the Republic of Slovenia in accordance with the regulations governing the area of public finances and public agencies.

Article 4

The Agency shall perform professional, developmental and executive tasks relating to implementation of the adopted National Research and Development Programme within the framework of the valid budget memorandum and the national budget, as well as tasks of promoting research activity consistent with the purpose for which it was founded.

The Agency shall perform its legally provided tasks in the public interest, with the aim of ensuring permanent, professional and independent decision-making on the selection of programmes and projects that are financed from the national budget and other sources of financing.

Article 5

The name of the Agency shall be: Javna agencija za raziskovalno dejavnost Republike Slovenije [Public Agency of the Republic of Slovenia for Research Activity] The abbreviated name of the Agency shall be: ARRS The name of the Agency in English shall be: Slovenian Research Agency The name of the Agency in English may be used to conduct business with foreign partners alongside the name of the Agency in Slovenian. The registered office of the Agency is in Ljubljana. The Agency’s business address is: Ljubljana, Trg OF 13.

Article 6

The management board of the Agency shall decide on any change to the Agency’s business address. The Agency’s business address may be changed by the Agency’s Statute.

Article 7

The Agency shall use a stamp in conducting its business. The diameter of the large stamp shall be 35 mm. The stamp shall be circular, bordered by two concentric circles containing in the middle the crest of the Republic of Slovenia, with the rim above bearing the words “Javna agencija za raziskovalno dejavnost”, and the rim below bearing the words “Republika Slovenija”.

The Agency may use a smaller stamp of circular form with a diameter of 20 mm, bordered by one circle and containing in the middle the crest of the Republic of Slovenia, with the rim above bearing the abbreviated name of the Agency “ARRS”, and the rim below bearing the words “Republika Slovenija”.

The Agency shall also have a sign or logo.

Through internal general instruments the director of the Agency shall regulate in detail all issues relating to the use of the Agency’s stamps.

Article 8

The business premises of the Agency shall have a sign bearing the Agency’s name.

II. ACTIVITIES OF THE Agency

Article 9

In accordance with the Regulation on the introduction of standard classification of activities (Uradni list RS, no. 02/02) the Agency’s activities shall be classified as follows: L/75.110 General activities of the administration K/72.300 Data processing O/92.512 Archive activities

Article 10

The Agency shall perform the following tasks:

  • select and ensure financing for research and infrastructure programmes that provide a public service in the research field;
  • manage young researcher projects and other projects assigned to the Agency as part of the National Research and Development Programme and the annual policy of the ministry responsible for science;
  • evaluate the relevance, innovation level, efficiency, quality, competitiveness and professionalism of the work of companies and individuals allocated funding or other incentives;
  • monitor and evaluate programmes and projects from the first and second indents of this article;
  • promote international cooperation, and co-finance and implement commitments undertaken within international agreements, memoranda and protocols signed by the Republic of Slovenia;
  • manage the databases set out in the Research and Development Activities Act and other regulations;
  • ensure the acquisition of additional funding for the National Research and Development Programme;
  • monitor and analyse the implementation of research and development work;
  • participate in national research and development policy making;
  • collaborate with the Technological development Agency and other agencies and organisations;
  • in accordance with regulations provide the ministry responsible for science with an annual work plan, financial plans, annual reports and periodic self-assessment reports on the quality of the Agency’s work;
  • promote links between public research institutes and users;
  • perform other professional tasks consistent with the purpose for which it was founded.

Article 11

The management board of the Agency shall decide on any changes to or expansion of activities and tasks in agreement with the founder.

III. BODIES OF THE Agency

Article 12

1. Management board

The management board of the Agency shall comprise seven members appointed by the Government as follows:

  • four members representing the Government;
  • two members representing research organisations, universities and the Slovenian Academy of Sciences and Arts;
  • one member representing the Chamber of Commerce and Industry and other users of research services organised into appropriate interest associations or societies, users that are not organised into appropriate interest associations, and representative unions in the field of research.

The president and deputy president shall be elected by members of the management board from among their own number by a majority vote of all members of the management board.

Article 13

Members of the management board shall be appointed for a period of 5 years and may be reappointed.

Article 14

In the event of early termination of the term in office of a member of the Agency’s management board, within 30 days the Government shall make a new appointment for the remaining portion of the term.

Article 15

The president of the Agency’s management board shall call and chair sessions, declare views, opinions and desires and communicate decisions of the management board, and shall also represent the Agency’s management board in the Agency’s internal and external affairs.

Article 16

Decisions in sessions shall be valid if a majority of all members are present at the session. The management board shall adopt decisions by a majority vote of all members.

Voting on a proposed appointment or dismissal of the director of the Agency shall be secret.

Article 17

The tasks and competence of the management board shall be:

  • ensuring that the Agency operates in the public interest;
  • adopting general regulatory instruments of the Agency;
  • adopting the programme of work and the financial plan in accordance with the Government;
  • adopting the annual report and other reports of the Agency in accordance with the Government;
  • deciding on the selection and financing of projects and programmes;
  • inviting applications for appointment of the director by public competition;
  • proposing to the Government the appointment or dismissal of the director of the Agency;
  • providing the director of the Agency with operating guidelines and instructions;
  • deciding on the use of surplus income over expenditure and covering any surplus expenditure over income in accordance with the Government;
  • appointing expert committees and other working bodies to carry out tasks within its competence;
  • dealing with opinions and proposals from the scientific council about science policy;
  • ensuring the coordination of work with the Technological development Agency;
  • appointing a licensed auditor to review the Agency’s annual report;
  • deciding on other issues and performing other tasks necessary for the implementation of individual regulations for which the competence of another body is not expressly provided;
  • deciding on other matters so provided by regulations or the Decision Establishing the Agency.

In their work the members of the management board must act impartially and with the diligence of a good manager, and must protect the commercial secrets of the Agency. Members of the management board shall be liable for any damage arising in consequence of a breach of their obligations.

Article 18

For their work the members of the management board shall be eligible to receive fees for sessions and reimbursement of other costs in accordance with the regulation issued by the Government on the proposal of the minister responsible for finance.

Article 19

The management board of the Agency shall adopt rules of procedure with which it shall regulate in detail the manner in which it performs its tasks.

2. Director

Article 20

The director shall represent the Agency, organise and head the work and business of the Agency and perform other tasks in accordance with regulations.

The director shall ensure that the Agency operates in accordance with the law, with the Decision Establishing the Slovenian Research Agency, with the Statute and with other general regulatory instruments of the Agency.

The director shall be answerable for his work to the management board, the minister responsible for science and the Government.

In his work the director must act impartially and with the diligence of a good manager, and must protect the commercial secrets of the Agency. The director shall be liable to the Agency for any damage caused by his negligent or illegal actions.

Article 21

The director shall be appointed by the Government on the proposal of the management board of the Agency.

The director’s term of office shall last five years, upon the expiry of which he may be reappointed.

Article 22

The procedure for appointing the director must begin at least 90 days prior to the expiry of the director’s term of office.

Article 23

The public invitation for applications for appointment of a director shall be made by the Agency’s management board in accordance with the provisions of the act governing the employment of public servants.

The public invitation for applications shall set out the conditions which candidates must fulfil, the duration of the appointment, the deadline by which candidate applications must be received, and the deadline by which the candidate(s) will be notified of the selection.

Article 24

The deadline for applications shall be 15 days from the day of publication of the public invitation.

Article 25

If no one applies in response to the public invitation, or if none of the applicants fulfil the conditions of the public invitation, or if the director ceases to hold office, the Government shall on the proposal of the management board appoint for a maximum duration of six months an acting director, and during that period the public invitation for applications shall be repeated.

Article 26

Persons who, in addition to the general conditions laid down in the act governing the employment of public servants, fulfil the following conditions, may be appointed director of the Agency:

  • they hold at least a university degree;
  • they have at least 10 years of working experience;
  • they are capable of heading, managing and coordinating work;
  • they have an active command of at least one major world language;
  • they are expert in the field of work and activities of the Agency;
  • they have not been sentenced in an enforceable court ruling for a premeditated crime punishable ex officio to a suspended prison sentence of more than six months.

Article 27

The employment contract with the director of the Agency shall be made by the Government of the Republic of Slovenia.

For the duration of his term of office or until his dismissal, the director shall be formally employed at the Agency.

Article 28

The director of the Agency shall have the following powers and tasks:

  • adopting regulatory instruments in individual matters within the Agency’s competence, unless otherwise provided by regulations;
  • adopting internal regulatory instruments of the Agency and keeping the management board fully up to date on the adoption of such instruments;
  • drafting the programme of work and financial plan of the Agency;
  • drafting the annual report on the work of the Agency;
  • drafting the expert basis for the performance of tasks by the management board and carrying out the guidelines and decisions of the management board;
  • drafting general regulatory instruments of the Agency adopted by the management board;
  • signing regulatory instruments, charters and other instruments and making contracts relating to the business of the Agency;
  • appointing committees and other working bodies to perform individual professional tasks and
  • performing other tasks that are in accordance with regulations and the Agency’s general regulatory instruments.

Article 29

For the efficient management and performance of Agency tasks, the director shall convoke a collegium as his advisory body.

The collegium shall address issues and offer proposals and opinions relating to the scope of operation of the director and management board of the Agency.

The composition of the collegium shall be formulated by the director according to his own judgement.

3. Scientific council

Article 30

The scientific council shall be the highest professional and advisory body of the Agency.

The scientific council shall comprise six members, whereby all fields of science shall be represented.

The members and president of the scientific council shall be appointed by the minister responsible for science on the proposal of the Council for Science and Technology of the Republic of Slovenia.

Heads of higher education facilities or members of universities, directors of research organisations and presidents of science and research councils may not be appointed members of the scientific council.

Article 31

Members of the scientific council shall be appointed for a period of five years without the possibility of reappointment.

Article 32

The manner in which the scientific council of the Agency performs its tasks shall be laid down in rules of procedure adopted by the Agency’s management board.

Article 33

The competence of the scientific council shall be: The scientific council shall formulate a draft of the financially evaluated priority lists for selection of programmes and projects (hereinafter: draft priority list) and shall also perform the following tasks:

  • adopt professional principles for drafting the Agency’s general regulatory instruments;
  • coordinate and organise the Agency’s evaluation procedures;
  • evaluation of research and development activity;
  • monitor the situation and evaluate the development of research and development activity in Slovenia from the aspect of research and development quality;
  • adopt the development programme for research and development activity for fields of science and research;
  • draw up proposals for the formulation and implementation of objectives and instruments of research and development policy;
  • draw up reports on the results of research and development activity;
  • perform other tasks in the area of the Agency’s evaluation procedures.

The management board of the Agency shall decide on the draft priority lists referred to in the preceding paragraph on the basis of the fifth indent of Article 16 of the Decision Establishing the Slovenian Research Agency (Uradni list RS no. 123/03) and the fifth indent of Article 18 of this Statute. If the management board does not agree with the draft priority list, it may invite the president of the scientific council to one of its sessions to provide further clarification.

Article 34

For the performance of its tasks the scientific council shall set up permanent and ad hoc professional bodies and shall appoint the members and presidents thereof.

Permanent professional bodies shall be science and research councils fields of science.

The functioning of permanent and ad hoc professional bodies shall be regulated in detail by rules adopted by the management board of the Agency.

4. Permanent and ad hoc working bodies

Article 35

The management board, scientific council and director may appoint committees and other working bodies from within the scope of their competence, where so provided by regulation or where expediency of work and decision-making require such appointment.

The decision appointing the relevant committee or working body must set out the area of competence and the duration of the appointment.

IV. ORGANISATION OF THE Agency

Article 36

For the performance of activities and tasks the Agency shall be organised into organisational units.

The internal organisation of the Agency shall be regulated by a general regulation on internal organisation and systemisation of jobs.

Article 37

The management board of the Agency, on the proposal of the director, shall decide on the establishing of new or termination of existing organisational units.

Article 38

The following conditions must be fulfilled for the establishing of a new organisational unit:

  • an elaborated programme of work for the new organisational unit,
  • funds necessary for carrying out the programme,
  • professionally trained personnel necessary for carrying out the programme and
  • the necessary appurtenances and working space.

Article 39

Organisational units shall be terminated in the event of non-fulfilment of the conditions necessary for their existence referred to in the preceding article.

V. REPRESENTATION AND SIGNING FOR THE Agency

Article 40

The director shall represent and sign for the Agency within the framework of its activities without limitation. The director may have one or more assistant directors to whom he may delegate certain powers.

Assistant directors shall plan, organise and head the implementation of tasks from their area of operation.

One of the assistants shall be the deputy director, and in the event of incapacity or absence of the director such deputy shall represent the Agency and perform other tasks within the competence of the director.

Article 41

In exercising the authority entrusted to him by law and this Statute, the director may delegate the performance of individual tasks and the signing of contracts and charters to individual employees of the Agency.

Article 42

The director shall determine signatories of charters through an internal general regulatory instrument of the Agency.

VI. INCOME AND EXPENDITURE

Article 43

The Agency shall obtain income:

  • from national budget funds obtained on the basis of a contract with the ministry responsible for science;
  • through income from the sale of goods and services on the market;
  • through donations;
  • through other sources in accordance with regulations.

Article 44

If it performs services for individuals and legal persons, the Agency may issue a price list and charge administrative tax.

VII. RIGHTS, OBLIGATIONS AND LIABILITY OF THE Agency IN LEGAL TRANSACTIONS

Article 45

The Agency shall be a legal person of public law acting in legal transactions within the framework of its activities independently, in its own name and for its own account, with all rights and obligations without restriction.

The Agency shall be liable for its obligations with all its assets.

VIII. DISPOSAL OF SURPLUS INCOME OVER EXPENDITURE AND COVERAGE OF SURPLUS EXPENDITURE OVER INCOME

Article 46

The Agency may use surplus income over expenditure to perform and develop activities, or to provide remuneration for the successful performance of Agency employees in accordance with the law, or it may pay such surplus into the national budget.

The management board shall decide on the use of surplus income over expenditure and on the manner of covering surplus expenditure over income on the proposal of the director and with the consent of the Government.

IX. RELATIONS WITH THE FOUNDER AND OTHER SUBJECTS

Article 47

The Agency shall be bound by 31 October of the current year at the latest to draw up the annual programme of work and the financial plan for the coming year and submit it for Government consent.

The Agency’s annual programme of work shall set out the objectives it must achieve and the tasks it will perform in the individual year in accordance with the decisions and guidelines of the Government and the ministry responsible for science, and also the manner of achieving and fulfilling them.

The annual programme of work must enclose a description of the Agency’s long-term development strategy, which must make clear the Agency’s contribution to the general national development in the field of research, plus a description of the measures to ensure quality services of the Agency and measures to ensure efficient and targeted use of funds.

Article 48

If by 15 December the Government has not granted its consent to the annual programme of work and the financial plan, the programme of work and financial plan for the previous year shall be used until the granting of consent.

Article 49

At least once a year the Agency shall report in writing to the ministry responsible for science and the Government on objectives and results attained, on execution of the financial plans and on the results of business operations, in accordance with the regulations on public finances and accounting.

X. LIABILITY OF FOUNDER FOR OBLIGATIONS OF THE Agency

Article 50

On behalf of the founder the Government shall be liable for the obligations of the Agency in cases laid down by the Public Agencies Act (Uradni list RS, no. 52/02), as follows:

  • if the Agency cannot settle its obligations from its own assets, or
  • if the settling of obligations would seriously jeopardise performance of the Agency’s tasks.

XI. PROTECTION OF SECRECY

Article 51

With regard to the protection of state, military, official or commercial secrets, the Agency shall be governed by the provisions applicable to the state administration.

Through internal general regulatory instruments the director shall determine which data constitute official or commercial secrets, the level of secrecy of data and the steps and procedure for their protection.

Article 52

With regard to office business and handling of documentation within the Agency, the regulations governing these issues for the state administration shall apply.

XII. GENERAL REGULATORY INSTRUMENTS OF THE Agency

Article 53

The general regulatory instruments of the Agency shall comprise this Statute, the rules on internal organisation and systemisation of jobs and other general regulatory instruments, in accordance with the regulations governing issues that are important for the work and business of the Agency.

With the prior consent of the minister responsible for science, the Agency shall also issue general regulatory instruments for exercising public authorisation which shall lay down the detailed organisation of the Agency’s management of public funds for research activity, the methodology, conditions and criteria as well as the procedure of selection, financing and overseeing the implementation of programmes and projects, and which shall regulate other areas in accordance with the law.

Article 54

All general regulatory instruments shall be amended and supplemented by exactly the same procedure as laid down by this Statute for their adoption.

Article 55

General regulatory instruments of the Agency shall be published on the Agency’s website.

General regulatory instruments which the Agency issues for exercising public authorisation shall be published in the Official Gazette of the Republic of Slovenia.

General regulatory instruments shall enter into force on their day of publication, unless otherwise defined in the instruments themselves.

XIII. PUBLIC NATURE OF THE Agency’S WORK

Article 56

The bodies of the Agency shall, within the scope of their competence, ensure the public nature of the Agency’s work.

Press releases may be issued by the director of the Agency or a person authorised by the director.

Article 57

The Agency shall inform professional circles of its work by publishing annual reports on the work and business of the Agency and annual reviews, and by publishing papers in professional publications and via the Agency’s website.

The Agency shall inform the general public of its work through the public media, in the form of press releases, by calling press conferences and via the Agency’s website.

Article 58

Through an internal regulatory instrument the director shall define in detail the manner of ensuring the public nature of the Agency’s work.

XIV. PROHIBITION ON COMPETITION

Article 59

A prohibition on competition shall be laid down in accordance with the regulations governing the employment of public servants and in employment contracts.

XV. TRANSITIONAL AND FINAL PROVISIONS

Article 60

On the basis of the Decision Establishing the Slovenian Research Agency (Uradni list RS no. 123/03) the Government, by decision no. 119-29/2004 of 19 February 2004, appointed an acting director of the Agency for the period up until the appointment of a director of the Agency, but for a maximum of one year from 1 March 2004.

Article 61

The management board must adopt the Statute within a maximum of two months from being constituted, and within three months must propose to the Government the appointment of a director of the Agency.

Article 62

General regulatory instruments must be adopted no later than by 26 December 2004.

Appointment of the scientific council must be carried out no later than by 15 September 2004.

Article 63

Until the entry into force of the general regulatory instruments of the Agency, for the exercising of public authorisation the instruments of the ministry responsible for science shall apply, provided they do not run counter to the Public Agencies Act (Uradni list RS, no. 52/02) and the Decision Establishing the Slovenian Research Agency (Uradni list RS no. 123/03).

Article 64

This Statute shall be adopted by the management board of the Agency by a majority vote of all of its members.

Article 65

The procedure for amendment or supplementation of the Statute shall be exactly the same as for its adoption.

Article 66

Interpretation of the provisions of this Statute shall be provided by the management board of the Agency.

 

Ljubljana, 22 July 2004

President of the Management Board Slovenian Research Agency
Prof. Dr. Niko Toš