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THE ERASED

The Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register entered into force on Thursday, 18 December 2013; began to apply six months after the entry into force, i.e. on 18 June 2014. The Act, which regulates the restitution of damage to persons who were erased from the register of permanent population after Slovenia's independence, rectifies violations of human rights and fundamental freedoms and executes the judgement of the Grand Chamber of the European Court for Human Rights delivered on 26 June 2012 in the case Kurić and others versus Slovenia. The Act introduces systematic regulation of just satisfaction, i.e. restitution of damage suffered by the erased due to the removal from the register of permanent population, into the Slovenian legislation.

 

The Act regulates the right to pecuniary compensation and the right to other forms of just satisfaction as reparation of the damage sustained.

 

1. Financial compensation claimed in the administrative procedure

From 18 June 2014 onwards, a person erased from the permanent population register who meets the requirements defined in the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register may lodge, at any administrative unit in the Republic of Slovenia, a claim for the determination of financial compensation, which can be determined in an administrative procedure.The Act lays down that a beneficiary is a person who was erased from the permanent population register and who, after the erasure, obtained a permanent residence permit under the Aliens Act, Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia and the Temporary Asylum Act, or was granted citizenship of the Republic of Slovenia after having been erased.

 

In addition to the erased from the Register of Permanent Residents who after their erasure obtained permanent residence permits or citizenship of the Republic of Slovenia, the erased who tried to arrange their status in the Republic of Slovenia and whose application for permanent residence permit or citizenship of the Republic of Slovenia was rejected, dismissed or the procedure was stopped are also entitled to compensation. The condition for the beneficiaries referred to above is that the application for a permanent residence permit or citizenship of the Republic of Slovenia was filed before the enactment of the Act Amending the Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia (Official Gazette RS, no. 50/10; ZUSDDD-B) which entered into force on 24 July 2010. The condition for recognising the beneficiary's status is also their actual residence in the Republic of Slovenia in the period from the erasure from the permanent population register to the finality of the decision whereby the application was rejected, dismissed or the procedure was stopped.

 

Financial compensation will be determined depending on the period of the erasure. For every full month of erasure the beneficiary is entitled to 50 EUR of compensation. The administrative unit will determine the period of the erasure and the amount of compensation by means of a decision on the compensation payment. Compensations of up to €1000 will be paid in one single amount, thirty days after the final decision. Compensations of more than €1000 will be paid in instalments.
 
The compensation payment procedure is decided by the administrative unit in the area of which the person had the permanent residence registered during the erasure. The decision on the determination of financial compensation may be appealed, and the appeal is decided on by the Ministry of the Interior.

 

No fees shall be paid for the claim and decision in the administrative procedure in the first or second instance.


A claim for the payment of financial compensation in the administrative procedure may be lodged within three years following the start of the application of the Act or within three years after the acquisition of the permanent residence permit if the procedure is not completed yet and the application for permanent residence permit or the granting of citizenship was lodged before the start of the application of the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register.

 

2. Financial compensation claimed in court proceedings

A beneficiary may also file a lawsuit for the payment of financial compensation for the damage caused by the erasure. In this case compensation payment will be decided on by the competent court, and the total amount of compensation that may be awarded in court proceedings is limited to three times the amount the beneficiary may be awarded in the administrative procedure.

 

A lawsuit for the payment of monetary compensation in court proceedings may be lodged within three years following the start of the application of the Act or within three years after the acquisition of the permanent residence permit if the procedure is not completed yet and the application for permanent residence permit or the granting of citizenship was lodged before the start of the application of the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register.

 

3. Other forms of just satisfaction

The Act lays down that beneficiaries of financial compensation are also entitled to other forms of just satisfaction:

- Payment of compulsory health insurance: if a person holds a permanent residence permit and fails to meet the requirements to enter the insurance scheme while receiving social assistance in cash (or meets the requirements thereon), the person is entitled to be paid compulsory health insurance contributions. A request for the payment of these contributions shall be lodged at the social work centre where the beneficiary resides.

- Inclusion and preferential treatment in social assistance programmes: a beneficiary in need of assistance because of the consequences of erasure from the permanent population register shall be entitled to inclusion and priority treatment in social assistance programmes.

- Facilities as regards exercising rights to public funds: Financial compensation paid under the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register shall not be included in the income that is taken into account in exercising rights to public funds.

- Right to state scholarships: a beneficiary who holds a permanent residence permit is entitled to a state scholarship provided that they meet other conditions laid down by the Scholarship Act and Exercise of Rights to Public Funds Act.

- Right to equal and priority treatment in resolving housing problems: Notwithstanding the provisions of the Housing Act, a beneficiary who holds a permanent residence permit enjoys the same treatment in resolving housing problems as citizens of the Republic of Slovenia.

- Access to education system: a beneficiary who holds a permanent residence permit participates in publicly accredited education or study programmes to acquire publicly recognised education under the same conditions as apply to citizens of the Republic of Slovenia.

- Right to inclusion and priority treatment in social assistance programmes: a beneficiary who holds a permanent residence permit or was granted the citizenship of the Republic of Slovenia has the right to participation and priority treatment in programmes facilitating inclusion into the cultural, economic and social life of the Republic of Slovenia.

 

4. Identification of a beneficiary

When claiming financial compensation in judicial proceedings and claiming other forms of just satisfaction on account of the erasure, a person must demonstrate that they meet the requirements for the beneficiary's status. The beneficiary's status may be demonstrated by a certificate issued by the administrative unit indicating that the beneficiary was erased from the permanent population register and thereafter obtained a permanent residence permit or was granted citizenship.

 

Compliance with the conditions to be awarded a compensation in judicial proceedings or in claiming other forms of just satisfaction can also be demonstrated by a final decision recognising a person's beneficiary status or a final decision determining financial compensation.

 

Detailed information regarding the claiming of financial compensation and other forms of just satisfaction is available from all administrative units.

 

5. Inclusion in programmes for the integration of foreigners in the cultural, economic and social life of Slovenia

In addition to financial compensation, the Act determines other forms of just satisfaction as well. These include the right to participation and priority treatment in the integration programmes for aliens other than EU nationals. Thus persons who have the beneficiary's status under the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register may participate in programmes facilitating integration into the cultural, economic and social life of the Republic of Slovenia.

 

With the start of the Act's application, foreigners who have the beneficiary's status under the Act Regulating Compensation for Damage to Persons Erased from the Permanent Population Register and persons who were erased from the permanent population register and were granted citizenship of the Republic of Slovenia after the erasure are entitled to free Slovene language and culture courses. Persons who were erased from the permanent population register and acquired a permanent residence permit on any legal basis and persons who after being erased were granted citizenship of the Republic of Slovenia will be able to demonstrate their right to participate in integration programmes on the basis of the following documents:

- with a certificate of the beneficiary's status (the certificate will be issued by an administrative unit on a beneficiary's request);
- with the final decision on the recognition of the beneficiary's status (the decision can be issued in the procedure in which the persons is requesting to be determined their beneficiary's status);
- with the final decision on awarding financial compensation issued in the administrative procedure (the decision can be issued in the procedure in which the person is requesting the payment of financial compensation for the damage caused by the erasure).

 

Beneficiaries who will exercise the right to take part in programmes of integration of foreigners in the cultural, economic and social life of the Republic of Slovenia, will submit one of the above documents to the providers of the programmes.

 

Information my be found in Serbian language.

 

 

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Statistics from 2009 counted 25,671 erased persons in 1992. Roughly half were women and children.

 

Detailed information may be found in a special brochure in Slovenian, Croatian, Macedonian, Bosnian or Serbian Language.

 

 

Additional Information

T: + 386 1 428 53 33