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Citizenship, Residence Rights and the Constitution in Slovenia

Neža Kogovšek Šalamon

This book is about the «erasure», a process by which the Republic of Slovenia unlawfully deprived 25 671 of its residents of their legal status following the country’s secession from the former Yugoslavia in 1992. After losing their status, these individuals were left without any rights on the territory of Slovenia. Since the Slovenian state refused to remedy the problem for many years, the European Court of Human Rights took up the case. In the 2012 Kuric and Others v. Slovenia decision, the Grand Chamber found that Slovenia had violated human rights. This book describes the full background of this case and examines its constitutional implications.
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Appendix I: Extract from the Grand Chamber Judgment in Kurić and Others v. Slovenia Case


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Appendix I:  Extract from the Grand Chamber Judgment in Kurić and Others v. Slovenia Case

European Court of Human Rights Application No. 26828/06 26 June 2012


314. The applicants claimed that they had been arbitrarily deprived of the possibility of preserving their status as permanent residents in Slovenia. They invoked Article 8 of the Convention, which reads as follows:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.

  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

A.  Arguments of the parties

1.  The applicants

315. The applicants alleged that they had not been in a position to submit a formal request for citizenship within the short period set out in the domestic legislation. As a result, on 26 February 1992 their names had been unlawfully “erased” from the Register. The applicants Mr Kurić, Mr Dabetić and initially also Mr Ademi were also unable to acquire citizenship of any...

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