V - 136(3) TFEU

At the 16/17 December 2010 European Council a political decision was taken to amend the Treaties through the simplified revision procedure of article 48(6) TFEU. On March 25, 2011 the European Council adopted the legal decision to amend article 136 TFEU by adding a new third paragraph: “The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.”  
The process of approval of this decision by the member states in accordance with their respective constitutional requirements as prescribed by article 48(6) has been completed and the amendment has entered into force on 1 May 2013.

What political/legal difficulties
did Slovenia encounter in the negotiation of the amendment of article 136 TFEU?

The report on the Government work states that the Republic of Slovenia supported, in accordance with its mandate determined during the meeting of the National Assembly on December 15, 2010, the amendment of Article 136 TFEU. Nevertheless, the debate that took place at the National Assembly on December 15 is not publicly available–the public was excluded from that particular debate (plenary debates are generally available, but the public was excluded from this particular one).

How has the 136 TFEU Treaty amendment been approved in Slovenia and on what legal basis/argumentation?

The National Assembly discussed and approved the ratification of the amendment on July 11,, 2011 (no votes against the approval of the act).[1] The Act ratifying the European Council Decision of 25 March 2011 amending Article 136 of the Treaty on the Functioning of the European Union with regard to a stability mechanism for Member States whose currency is the euro was than adopted on July 15 2011. The Act was published on August 22, 2011, and it entered into force the next day.[2]

Ratification difficulties  
What political/legal difficulties
did Slovenia encounter during the ratification of the 136 TFEU Treaty amendment?

The Government discussed the ratification of Article 136 TFEU amendment during its regular session on June 23 2011. The session report does not provide detailed information about the discussion. It only mentions that “The Republic of Slovenia, in accordance with the mandate given to the National Assembly session 15 December 2011, supports the change of Article 136 of the Treaty on the Functioning of the EU.”[3]

Case law         

there a (constitutional) court judgment in Slovenia on the 136 TFEU Treaty amendment?


What other information is relevant with regard to Slovenia and the 136 TFEU Treaty amendment?

No other relevant information.

[2] Zakon o ratifikaciji Sklepa Evropskega sveta z dne 25. marca 2011 o spremembi člena 136 Pogodbe o delovanju Evropske unije glede mehanizma za stabilnost za države članice, katerih valuta je euro /MSPDEUMS/
Ur.l. RS-MP, št. 
9/2011, available at

[3] Uredba o dokumentih razvojnega načrtovanja in postopkih za pripravo predloga državnega proračuna, Ur.l. RS, št. 54/2010, available at