Recently, a significant number of people have approached us with questions regarding the regulations of the legal status in Slovenia and regarding the right to compensation. Therefore, we are publishing our answers to frequently asked questions.

Regulating the status

There is currently no legal means for regulating the status of the erased in Slovenia, since the last applicable law (ZUSDDD-B) expired on 24 July 2013. This means, that the erased have had an opportunity to submit the application for permanent residence permit only until 24 July 2013. Those that have missed this date currently do not have any option to regulate their status as erased. At the moment the only legal options are under the Aliens Act, meaning under the same conditions as they apply to all foreigners in general, and it is first necessary to arrange temporary residence permit and then (if eligible) permanent residence permit.

What happens if the erased submit the application under ZUSDDD-B after the law has expired?
Some erased have informed us that they have submitted the applications after 24 July 2013 (so after the law has expired) and the administrative units have accepted their applications, issued them orders to pay the administrative fee of 95 EUR and then informed them that these applications will not be processed because they were submitted after the deadline. Therefore, we advise the erased not to submit the applications under ZUSDDD-B after 24 July 2013.

Compensation

On 21 November 2013 The act on restitution of damage for persons who were erased from the Register of Permanent Population (Act on compensation scheme for the erased) was adopted, however it will apply on 18 June 2014. This means that until 18 June 2014 the erased that are entitled to the compensation under this Act cannot claim compensation.

From 18 June 2014 until 18 June 2017 (the Act sets a deadline of three years) the erased that are entitled to compensation under this Act can file applications for compensation at the administrative units in Slovenia. The erased that will be in the process of arranging permanent residence permit or Slovenian citizenship on 18 June 2014 and their applications will be solved after this date will be able to file the applications for compensation then in three years since they have received their status (permanent residence permit or Slovenian citizenship).

According to this Act not all erased are entitled to compensation, but only those with arranged status in Slovenia (permanent residence permit or Slovenian citizenship) and those who applied for the permanent residence permit or Slovenian citizenship after the erasure and before the last law was adopted in 2010 (ZUSDDD-B), but did not get it (their application was rejected, discarded or the procedure was stopped), and then did not apply again under the renewed legislation from 2010.

This means that a person who has made an application for permanent residence before and has been rejected, and has then filed the application again under the last applicable law ZUSDDD-B and was again rejected, is not entitled to compensation according to current legislation. At the same time, the law sets additional condition for this group of beneficiaries – they will have to meet the condition of actual residence in the Republic of Slovenia in the period from erasure until the final decision on rejection, discarding or discontinuing the proceedings. This group of beneficiaries will therefore have to prove that they actually lived in Slovenia, just as it was necessary in the procedures regulating the status under the ZUSDDD-B (which in practice proved to be very problematic).

Under this Act, therefore, the erased that have not tried to arrange their status in Slovenia after the erasure (have not filed the application for permanent residence permit or Slovenian citizenship) and the erased that have filed an application for a permanent residence permit under the latest legislation (ZUSDDD-B) from 2010 and were rejected, will not be eligible for the compensation. Also, children of the erased and relatives of deceased erased shall under this Act not be entitled to compensation.

On Thursday, 21 November 2013, with 46 votes for and 29 votes against, the Members of the Parliament have adopted The act on restitution of damage for persons who were erased from the Register of Permanent Population (Act on compensation scheme for the erased).

According to this Act not all erased will be eligible for the compensation, but only those with arranged status in Slovenia (permanent residence permit or Slovenian citizenship) and those who applied for the permanent residence permit or Slovenian citizenship before the law aiming at regulating the status of the erased in 2010 (ZUSDDD-B), but have been rejected and have not applied again after the renewed legislation in 2010.

Therefore, under this Act, the erased that have not tried to regulate their status in Slovenia again after the erasure (have not filed any application), and the erased that have been rejected after the last valid legislation from 2010, are not eligible for the compensation. Also, children of the erased parents and relatives of deceased erased are not eligible for the compensation according to this Act.

The Government is of the opinion that the erased have shown interest or wish for further residing in Slovenia only by regulating the status. According to the Ministry of the Interior around 12,000 – of total 25,671 erased will be eligible for the compensation.

The amount of compensation, which will be determined by the administrative unit in administrative proceedings, will be calculated for the period from the erasure to the re-arranged status (permanent residence permit, or the acceptance in Slovenian citizenship) in the amount of 50 EUR for each full month. Individuals may yet decide to seek redress in court proceedings. In the court proceedings the erased will have to prove that they suffered damage due to which they should receive a higher compensation than the one which has been determined in administrative proceedings. Total compensation will amount to no more than three times the amount of compensation set out in the administrative procedure. Here is an example for easier understanding: someone who has been erased for 5 years (that is, after five years this person got permanent residence permit or Slovenian citizenship) would be entitled to a lump sum of 3,000 EUR in administrative proceedings; if this person decides to continue with the judicial proceeding, the amount of the maximum of the total compensation is limited in advance to the amount of 9,000 EUR.

In addition to the financial compensation the Act mentions also other forms of “just satisfaction” for the erased: payment of contributions for compulsory health insurance, inclusion in social protection programs, facilities for exercising the rights of public funds, equal treatment in resolving housing issues, access to state scholarships as well as to the education system.

Act should come into force six months after its publication in the Official Gazette, i.e. somewhere in the month of May 2014. Until then the erased cannot pursue a claim for compensation.

Erased who do not have a legal status in the Republic of Slovenia, i.e. have not lodged an application for a permanent residence permit on the basis of ZUSDDD, have only two more weeks as 24 July 2013 is the deadline for submission of applications.

Application for a permanent residence permit on the basis of ZUSDDD can be submitted at the competent administrative unit (i.e. the administrative unit in the area where you live or intend to reside, if you will get permanent residence permit). The administrative fee to be paid is 96 EUR. The application must be filed on the prescribed form and some attachments are required – this is described in details under the heading »Legal aid« of this website. Learn more about the conditions that the erased residents have to meet in order to get permanent residence permit in the brochure of the Ministry of the Interior.

According to recent data (source: Ministry of the Interior) until 1 January 2013 in all administrative units in Slovenia 368 applications for permanent residence permit on the basis of ZUSDDD-B have been recorded. Only 101 permits for permanent residence have been issued. The total number of rejected and discarded applications and suspended proceedings is 125, and 142 applications were unresolved.

European Court of Human Rights with its pilot judgement in the case Kurić and others vs. Slovenia from 26 June 2012 ordered Slovenia to set up an ad hoc mechanism for recognition of compensations to the erased people within one year.

The Government of the Republic of Slovenia addressed a request for prolongation of this deadline for additional year to the Court, but the Court replied it is not competent for prolongation of deadlines from its judgements and that Slovenian Government should address its request to The Committee of Ministers of the Council of Europe. Therefore, the deadline remains 26 June 2013. 

Slovenian government acquainted itself with the final report of a working group (in Slovenian) established to review the situation of the erased people. The government also found that the working group concluded its work which basically means that the group was dismantled. The working group was established after the 2010 amendments to the law related to legal statuses of erased people was passed (i.e. the amendments to the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia), in order to review which rights the erased people are entitled to once they receive their permanent residence permit.

These results could be marked as modest since the working group only reviewed the valid legislation and came up with findings which are already generally known. The working group, however, did not propose or recommend the adoption of any further measures that are required for remedying the violations.

One of the fields that raises serious concerns is housing. Even after they receive their permanent residence permit, the erased people are not entitled to apply for non-profit apartments, since the Housing Act still sets a condition of Slovenian nationality. This condition counters a provision of Council Directive 2003/109/ES on the status of third-country nationals who are long term residents. The latter requires that long-term residents have equal access to housing as member state’s nationals.

On 28 March 2012 the Slovenian Government responded to the conclusion of the Commission for Petitions, Human Rights and Equal Opportunities(in Slovenian), which called upon the government to look into the proposals of Amnesty International Slovenia, the Peace Institute and the Association of Erased Residents of Slovenia for adoption of additional measures needed to remedy the violations. In its statement the Government did not respond to the majority of the proposals but it only summarized the legislation and provided some information on its implementation.

Government building | Source: www.vlada.si

One of the few concrete responses referred to the recommendation for setting up a truth commission which would establish facts concerning the erasure and the role of each stakeholder in its implementation. The Government stated that the Constitutional Court already stated its opinion about the matter so any further investigation is unnecessary. The whole response of the government is available here.