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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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Part IV: The Erasure, Constitutionality, and the Rule of Law


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Part IV:  The Erasure, Constitutionality, and the Rule of Law

Over many years, the man watches the doorkeeper almost without a break. He forgets about the other doormen, and begins to think this one is the only thing stopping him from gaining access to the law. Over the first few years he curses his unhappy condition out loud, but later, as he becomes old, he just grumbles to himself.

Franz Kafka, The Trial

1.  Introduction

In this part of the book I examine the Constitutional Court’s role in solving the issue of the erasure and its consequences, and the meaning of the Constitutional Court’s rulings from the perspective of individual constitutional principles.

To answer these two crucial questions, I analyse sixteen Constitutional Court rulings. In selecting the rulings, my starting point was the erasure in a wider sense, and I thus also include rulings that are only indirectly related to it. In addition to the two most renowned rulings of the Constitutional Court, to which I later refer as “fundamental” (Rulings U-I-284/94 and U-I-246/02), I also take into account a less widely known ruling (Ruling U-I-295/99), as well as all of the rulings of the Constitutional Court on the complaints lodged by erased people concerning the erasure, their unregulated status, and the rights that they were no longer able to exercise after they lost their permanent residence permit in Slovenia (Rulings Up-333/96, Up-60/97, Up-20/97, Up-152/97, Up-336/98,...

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