The Erased - Information and documents

Assistance to the erased persons in regulating their legal status and awareness raising of the public on the erasure and the status of remedying the violations.



Dispatch 16.9.1992

When Minister Bavčar sent a letter on 4 June 1992 to the government some positive changes happened despite the fact that he suggested the government to ignore the acquired rights of the citizens of other republics of Yugoslavia. On 2 September 1992 the government issued a decision no. 260-01/91-2/5-8 based on which the Ministry when dealing with applications for permanent residence had to take into account that the condition of three-year uninterrupted residence in Slovenia, based on temporary residence permits is also fulfilled if the foreigner had permanent residence registered in Slovenia at least three years before the provisions of the Aliens Act applied, and that he or she also de facto lived in Slovenia during that time. This governmental decision was more favourable than the Aliens Act, according to which the permanent residence permit could be acquired only if a person resided in the independent Slovenia for three years based on the temporary residence permit. The erased of course did not fulfil this condition right after the erasure, because before the independence they did not need a temporary residence permit to live in Slovenia. The decision of the government took into account also their registration of residence from the time before the independence.

Regarding this topic the Ministry of the Interior published instructions for the Local Administrative Offices alerting them on the more favourable solution, adopted by the government. The Constitutional Court, however, stated in one of its decisions that such a governmental decision was in contradiction with the constitutional principle of division of powers, since the government as the executive interfered with powers of the legislature by changing the conditions for acquiring a permanent residence permit.