Izbrisani
Encyclopedia
The Izbrisani is the name used in the media, for a group of people in Slovenia
that remained without a legal status after the declaration of the country's independence
in 1991.
In 1991, immediately after the declaration of independence by Slovenia, the approximately 200,000 residents of Slovenia who had citizenship of other republics of former Yugoslavia
(the "citizenship of the Republic" was a purely formal status, which many did not know existed since it did not include any legal consequences) were granted the possibility to obtain, through a simple application, the citizenship of the new independent state. For those who would have chosen not to avail themselves of this possibility, the law required to register as "foreign" (a term denoting legal permanent residents without citizenship). Approximately 170,000 individuals presented the application, obtaining citizenship before the national elections in 1992. Some thousands chose the second option. The majority of those who, contrary to legal provisions, did not register themselves as "foreigners" were removed from the registry of Permanent Residence in February 1992, losing all social, civil, and political rights. This action was of purely administrative nature (and thus excluded any possibility of appeal) and that without any legal basis, struck, according to unofficial estimates, around 18,000 people, including some who had actually left the country, while others were simply unaware of the existence of the law that required them to confirm their status through a new application.
In 1999, the Constitutional Court declared the act of "erasing" illegal and unconstitutional, and annulled its legal consequences. In the same year, the Slovenian Parliament
promulgated a law that offered the "erased" the opportunity to regain the residence, but only to those who lived permanently in Slovenian territory. The Constitutional Court abrogated this law as another attempt in the same direction. In 2003, the Court declared unconstitutional the 1992 Law that required residents with Slovenian citizenship of other Yugoslav republics to explicitly ask to obtain the status of "alien", and ordered the return of the status of residents at all "erased" with retroactive function (regardless of whether they actually did not live in Slovenia after 1992). Many lawyers (among other things some former members of the Constitutional Court and several authors of the Constitution
) harshly criticized this decision, since it annulled a legal provision included in the country's constitutional laws and thus, according to them, beyond the Court's jurisdiction.
The decision was followed by a harsh and lasting controversy, in which the LDS
-led government gradually accepted the decisions taken by the Constitutional Court, while the opposition (SDS
, N.Si
, SLS
and SNS
) continued to criticize it. In February 2004, the parliamentary majority passed a law in accordance with the decision of the Court (which provided for the retroactivity only for those who were already in possession of residence); two months later, however, this law (called "Technical Law on the erased") was annulled by a referendum
(supported by the right center opposition). This referendum was strongly contested by some institutions of the European Union
.
In 2007 the number of the "erased" is imprecise, the group is fragmented into different legal categories: some have regained residency and citizenship, some only residence, some were expelled, many of them are living in Slovenia illegally. According to some estimates there are still 6,000 people without legal status, while many of those who managed to get the right to permanent residency had to pay heavily the consequences of years of irregularities. The issue was brought before the European Commission
, but said he does not have jurisdiction. Some of the deleted made a collective appeal to the European Court of Human Rights
in Strasbourg
, claiming that "The cancellation is a Europe
an problem, because it violates fundamental human rights provided by the EU Convention." In 2011, the Grand Chamber of ECtHR held a hearing on the case (Kurić and Others v. Slovenia).
In 2005 and 2007, the SDS
-led government proposed the regulation of the status of the "erased" by a Constitutional law that would treat each case individually. On both occasions, this compromise was rejected by the centre-left opposition.
Slovenia
Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
that remained without a legal status after the declaration of the country's independence
Ten-Day War
The Ten-Day War or the Slovenian Independence War was a military conflict between the Slovenian Territorial Defence and the Yugoslav People's Army in 1991 following Slovenia's declaration of independence.-Background:...
in 1991.
In 1991, immediately after the declaration of independence by Slovenia, the approximately 200,000 residents of Slovenia who had citizenship of other republics of former Yugoslavia
Socialist Federal Republic of Yugoslavia
The Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...
(the "citizenship of the Republic" was a purely formal status, which many did not know existed since it did not include any legal consequences) were granted the possibility to obtain, through a simple application, the citizenship of the new independent state. For those who would have chosen not to avail themselves of this possibility, the law required to register as "foreign" (a term denoting legal permanent residents without citizenship). Approximately 170,000 individuals presented the application, obtaining citizenship before the national elections in 1992. Some thousands chose the second option. The majority of those who, contrary to legal provisions, did not register themselves as "foreigners" were removed from the registry of Permanent Residence in February 1992, losing all social, civil, and political rights. This action was of purely administrative nature (and thus excluded any possibility of appeal) and that without any legal basis, struck, according to unofficial estimates, around 18,000 people, including some who had actually left the country, while others were simply unaware of the existence of the law that required them to confirm their status through a new application.
In 1999, the Constitutional Court declared the act of "erasing" illegal and unconstitutional, and annulled its legal consequences. In the same year, the Slovenian Parliament
Slovenian Parliament
The Slovenian Parliament is the informal designation of the general representative body of the Slovenian nation and the legislative body of the Republic of Slovenia....
promulgated a law that offered the "erased" the opportunity to regain the residence, but only to those who lived permanently in Slovenian territory. The Constitutional Court abrogated this law as another attempt in the same direction. In 2003, the Court declared unconstitutional the 1992 Law that required residents with Slovenian citizenship of other Yugoslav republics to explicitly ask to obtain the status of "alien", and ordered the return of the status of residents at all "erased" with retroactive function (regardless of whether they actually did not live in Slovenia after 1992). Many lawyers (among other things some former members of the Constitutional Court and several authors of the Constitution
Constitution of Slovenia
The Constitution of the Republic of Slovenia was adopted by the Slovenian National Assembly on December 23, 1991. The document is divided into ten chapters:# General Provisions# Human Rights and Fundamental Freedoms# Economic and Social Relations...
) harshly criticized this decision, since it annulled a legal provision included in the country's constitutional laws and thus, according to them, beyond the Court's jurisdiction.
The decision was followed by a harsh and lasting controversy, in which the LDS
Liberal Democracy of Slovenia
Liberal Democracy of Slovenia is a liberal political party in Slovenia. It is led by Katarina Kresal and is a member of the Liberal International and the European Liberal Democrat and Reform Party...
-led government gradually accepted the decisions taken by the Constitutional Court, while the opposition (SDS
Slovenian Democratic Party
The Slovenian Democratic Party , known until 2003 as the Social Democratic Party of Slovenia is a Slovenian centre-right liberal conservative and Christian democratic party...
, N.Si
New Slovenia
The New Slovenia – Christian People's Party or simply New Slovenia, NSi is a Christian democratic political party in Slovenia...
, SLS
Slovenian People's Party
The Slovenian People's Party is a rural-based conservative political party in Slovenia. Formed in 1988 under the name of Slovenian Peasant Union as the first non-Communist political organization in Yugoslavia, it merged with the Slovene Christian Democrats to form the present-day party in 2000...
and SNS
Slovenian National Party
The Slovenian National Party is a extreme nationalist political party in Slovenia, led by Zmago Jelinčič Plemeniti. The party is renowned for its euroscepticism and opposes Slovenia's membership in NATO...
) continued to criticize it. In February 2004, the parliamentary majority passed a law in accordance with the decision of the Court (which provided for the retroactivity only for those who were already in possession of residence); two months later, however, this law (called "Technical Law on the erased") was annulled by a referendum
Slovenian minority rights referendum, 2004
A referendum on minority rights was held in Slovenia on 4 April 2004. Voters were asked whether basic rights should be restored to ethnic minorities who had been erased from the citizen registry in 1992. The proposal was rejected by 96.05% of voters, with a turnout of 31.55%.-Results:...
(supported by the right center opposition). This referendum was strongly contested by some institutions of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
.
In 2007 the number of the "erased" is imprecise, the group is fragmented into different legal categories: some have regained residency and citizenship, some only residence, some were expelled, many of them are living in Slovenia illegally. According to some estimates there are still 6,000 people without legal status, while many of those who managed to get the right to permanent residency had to pay heavily the consequences of years of irregularities. The issue was brought before the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, but said he does not have jurisdiction. Some of the deleted made a collective appeal to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
, claiming that "The cancellation is a Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an problem, because it violates fundamental human rights provided by the EU Convention." In 2011, the Grand Chamber of ECtHR held a hearing on the case (Kurić and Others v. Slovenia).
In 2005 and 2007, the SDS
Slovenian Democratic Party
The Slovenian Democratic Party , known until 2003 as the Social Democratic Party of Slovenia is a Slovenian centre-right liberal conservative and Christian democratic party...
-led government proposed the regulation of the status of the "erased" by a Constitutional law that would treat each case individually. On both occasions, this compromise was rejected by the centre-left opposition.