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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 VI: A Comparison of the Erasure and Exclusion Politics in Other Countries in Times of Succession


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Part VI:  A Comparison of the Erasure and Exclusion Politics in Other Countries in Times of Succession

He doesn’t have long to live now. Just before he dies, he brings together all his experience from all this time into one question which he has still never put to the doorkeeper. […] ‘What is it you want to know now?’ asks the doorkeeper, ‘You’re insatiable’. ‘Everyone wants access to the law’, says the man, ‘how come, over all these years, no-one but me has asked to be let in?’

Franz Kafka, The Trial

1.  Introduction

As mentioned briefly in Part III of this book, deprivation of legal status is a common measure used by countries for the purpose of excluding various minorities from the rights and benefits granted to citizens or other persons with a regulated legal status. Generally, depriving minorities of their legal status was a means of dehumanising them, which enabled further and even more serious violations of rights. The German Reich, which deprived Jewish people of their status, is an example of such a state.707 There are numerous similar examples of minorities losing their legal status in the recent past that occurred in circumstances of state succession. Thus, I examine whether the erasure is a unique measure of its kind in Central and Eastern Europe, and how it is distinct from other, similar measures. I analyse the manner in which the other successor republics of...

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