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8. Transitional and Final Provisions
Article 39
(Transition Period)
(1) Within six months after the entry into force of this Act, the Senate of the Court of Audit shall adopt their Rules of Procedure and submit them to the National Assembly for consent.
(2) Within six months after the entry into force of this Act, the Court of Audit shall publish their first Instructions referred to in Article 24, paragraph (2) of this Act in the Official Gazette of the Republic of Slovenia.
(3) Control procedures for which the final report has not been issued by the date of entry into force of the present Act shall be completed under the hitherto valid regulations.
Article 40
(Continuity of Term of Office of the President and Deputy President of the Court of Audit)
(1) The President of the Court of Audit who has been appointed in accordance with the Court of Audit Act (Official Gazette RS No 48/94; hereafter referred to as 1994 Act) shall, after this Act has entered into force, continue to hold office of the President of the Court of Audit until the expiry of the term for which he/she has been appointed under the 1994 Act.
(2) The Deputy President of the Court of Audit who has been appointed in accordance with the 1994 Act shall, after this Act has entered into force, continue to hold office of the First Deputy President of the Court of Audit until the expiry of the term for which he/she has been appointed under the 1994 Act.
Article 41
(Continuity of Term of Office of Members of the Court of Audit)
(1) The Member of the Court of Audit who has been appointed in accordance with the 1994 Act and has, before the entry into force of this Act, not held the office of President or Deputy President of the Court of Audit (hereafter referred to as Member of the Court of Audit under 1994 Act) shall, after the entry into force of this Act, hold the office of Supreme State Auditor pursuant to Article 14, paragraphs (5) and (6), until the expiry of the term for which he/she has been appointed under the 1994 Act.
(2) A Member of the Court of Audit under the 1994 Act is entitled to a salary as determined for the constitutional judge and other rights under Article 33, paragraphs (3), (6), (7), (8), (9) and (19) of this Act.
(3) A Member of the Court of Audit under the 1994 Act shall be relieved or dismissed from office prior to the expiry of his/her term if:
1- the Member himself/herself so requests;
2- the Member has been sentenced to a term of imprisonment for a criminal offence;
3- the Member has become permanently incapable of performing his/her duties;
4- the Member ceases to meet the requirements for Member of the Court of Audit under the 1994 Act;
5- the Member does not act in accordance with this Act or the oath referred to in Article 8, paragraph (1) of the 1994 Act.
(4) A Member of the Court of Audit under the 1994 Act may be relieved or dismissed from office prior to the expiry of his/her term if the National Assembly establishes the occurrence of one of the reasons from the preceding paragraph and decides on early dismissal on that ground. The term of office of the Member of the Court of Audit under the 1994 Act shall terminate on that day.
Article 42
(Constitution of the Senate of the Court of Audit)
(1) Within fifteen (15) days from the entry into force of this Act, the President of the Court of Audit shall propose the candidate for the Second Deputy of the President of the Court of Audit. The proposed candidate must be one of the Members of the Court of Audit under the 1994 Act.
(2) The National Assembly must vote on the proposed candidate for the Second Deputy President of the Court of Audit within thirty (30) days after the submission of the proposal. Voting shall be by secret ballot. The proposed candidate for the Second Deputy of the President of the Court of Audit shall be appointed if the majority of votes of all deputies are cast in his/her favour.
(3) The proposed candidate for the Second Deputy President of the Court of Audit shall attend the session at which the National Assembly decides on his/her candidature.
(4) Should the proposed candidate for the Deputy President of the Court of Audit not receive the necessary majority of deputies' votes in the National Assembly, the President of the Court of Audit shall propose a new candidate. The new proposal shall be submitted within fifteen (15) days from the voting at which the previous proposal did not obtain the required majority of deputies' votes.
(5) The Member of the Court of Audit under the 1994 Act who has been appointed Second Deputy President of the Court of Audit shall hold office of the Second Deputy President of the Court of Audit until the expiry of the term for which he/she has been appointed Member of the Court of Audit under the 1994 Act.
Article 43
(Salaries of Deputy Presidents of the Court of Audit)
Deputy Presidents of the Court of Audit who have been appointed Members of the Court of Audit under the 1994 Act shall be entitled, until the expiry of their term, to a salary equal to the salary of the Members of the Court of Audit under the 1994 Act increased by one half of the difference between the salary of a Member of the Court of Audit under the 1994 Act and the salary of the President of the Court of Audit.
Article 44
(Termination of Validity)
(1) On the day when this Act enters into force, the Court of Audit Act (Official Gazette RS No 48/94) shall cease to be valid.
(2) On the day when this Act enters into force, the part of Article 18, paragraph (1), of the Execution of Judgments in Civil Matters and Insurance of Claims Act (Official Gazette RS, No 51/98) which determines that the order issued by the Court of Audit of the Republic of Slovenia for remedy of illegal acts is deemed to be a court decision and, consequently, an executory title, shall cease to be valid.
Article 45
(Entry into Force of this Act)
This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.
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