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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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VII. Conclusion


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VII.  Conclusion

The doorkeeper can see the man’s come to his end, his hearing has faded, and so, so that he can be heard, he shouts to him: ‘Nobody else could have got in this way, as this entrance was meant only for you. Now I’ll go and close it’.

Franz Kafka, The Trial

I am approaching the end of my analysis of the erasure of a group of former SFRY citizens from the register of permanent residents with reference to constitutional law, international law, and the legislative and executive regulations. It is safe to claim that the erasure was a gross breach of human rights and constitutional principles unlike any other after Slovenia declared independence. In 2012, the events set in motion by the erasure culminated with the decision of the Grand Chamber of the ECHR. All that remains is to hope that this development will not lead to a loss of momentum and become a tool in the hands of populists, but encourage discussion about accountability and the measures that could correct the wrongdoings of the state. Indeed, certain encouraging signs inspire hope; public discussions have taken on a different character. Voices calling for reparations and action in accordance with the ECHR’s decision have prevailed. Representatives of the political elite who still use the rhetoric of stigmatisation and oppose the solutions are now finding themselves increasingly alone in their opinions. A compensation mechanism, once unthinkable, has been established...

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