Each State Party to this Convention undertakes to take any measures it considers necessary in accordance with its constitutional processes to prohibit and prevent any activity in violation of the provisions of the Convention anywhere under its jurisdiction or control.

(a) For the purposes of this Annex, ` SFRY State archives` means all documents, of whatever date or kind and wherever located, which were produced or received by the SFRY (or by any previous constitutional structure of the Yugoslav State since 1 December 1918) in the exercise of its functions and which, on 30 June 1991, belonged to the SFRY in accordance with its internal law and were, pursuant to the federal law on the regulation of federal archives, preserved by it directly or under its control as archives for whatever purpose.

control of constitutionality

Soon after the adoption of this law, Lojze Ude drew attention to the unclear and constitutionally controversial regulation of both rights.

As regards these issues, Slovenia could take as an example foreign court decisions which have ruled that the constitutional right of freedom of expression and indiscriminate treatment demands that statecontrolled media also publish state bodies' replies to criticism of their conduct or other controversial issues.

A further controversy can be found in the potential further evolution of the constitutional right of reply and correction as Matevž Krivic points out in his essay. As a matter of fact, the Constitution grants this right to everybody, including state bodies, and it pertains to any published information (in print media, on radio and on TV).

The Slovene Constitutional Court has pointed out more than once that 'freedom of the press and of expression of opinions are conducive to creating and shaping an impartially informed public; it is a prerequisite for the public's ability to control all branches of authority; and it ensures effective political opposition to any ruling political power.

It may be desirable for the beneficiary State, in conformity with its specific constitutional, institutional, legal or financial context, to associate the regional or local authorities with the conclusion and the application of the implementation arrangements, the beneficiary State remaining in all cases responsible for the implementation of the assistance and for the management and control of the operations supported by Community financing.

whereas, for that purpose, it should be stipulated that only expenditure effected by paying agencies accredited by the Member States should be financed; whereas, moreover, in order to ensure the transparency of national controls, in particular as regards authorisation, validation and payment procedures, the number of authorities and bodies to which these responsibilities are delegated should, where appropriate, be restricted taking account of the constitutional arrangements of each Member State;

Member States shall, with due respect to their constitutional structure, ensure that appropriate guidance, monitoring and control of the level of reception conditions are established.