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Erased

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 V: The Implementation of the Decisions of the Constitutional Court

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Part V:  The Implementation of the Decisions of the Constitutional Court

Finally his eyes grow dim, and he no longer knows whether it’s really getting darker or just his eyes that are deceiving him. But he seems now to see an inextinguishable light begin to shine from the darkness behind the door.

Franz Kafka, The Trial

1.  Introduction

Building on my analysis of the content of the Constitutional Court’s decisions in the previous section, here I will concentrate on their implementation. The first systemic decision of the Constitutional Court (No. U-I-284/94) was implemented in full, but the second decision (No. U-I-246/02) remained unimplemented for seven years. The implementation of the court’s decisions, or rather, the absence of a mechanism to ensure their implementation therefore deserves special attention. In this part, I discuss the content of the regulations, both proposed and passed, which guide the implementation of constitutional decisions pertaining to the erasure. I also discuss the reasons why these decisions were not implemented.

2.  An Overview of the Implementation of the Decisions

In “The Hollow Hope”, Rosenberg notes that the courts can bring up questions that other institutions would prefer to ignore.592 With regard to the erasure and Slovenia, this statement only applies to the Constitutional Court. In 1999, the Constitutional Court ordered the legislature to put an end to the unconstitutional situation by passing a new law that conforms to the constitution. The...

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