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.


The Erased can submit claims for compensation from 18. 6. 2014

The act on restitution of damage for persons who were erased from the Register of Permanent Population (ZPŠOIRSP) came into force on 18. 6. 2014, and all beneficiaries are able to file in a claim for compensation from that date in all administrative units in Slovenia (deadline will be 3 years – that is, from 18. 6. 2014 to 18. 6. 2017).

Under this Act the persons entitled to compensation in Slovenia are:

- erased, who now have regulated status in Slovenia (residence permit or Slovenian citizenship) and
- erased, who after the erasure tried to regulate their status (between 1992 and 2010), but were rejected – but the law excludes those who were regulating their status and were rejected according to the last law ARSCOSS-B in 2010.

Under this Act the persons not entitled to compensation in Slovenia are:

- erased, who after the erasure have never tried to regulate their status in Slovenia (filed formal applications)
- erased, who were rejected in the process of obtaining a permanent residence according to the last law from 2010,
- erased who already died (their legal heirs) and
- children of the erased born after the date of 23. 12. 1990.

We advise you to check at the administrative units whether you are entitled to compensation.
The Act provides two ways of claiming compensation – an administrative procedure in administrative units or court procedure:
In the administrative procedure each individual have to make a claim for compensation in the administrative unit (you can request your application to be filled in by an officer in the administrative unit). The flat-rate amount of compensation by the law is 50 euros per each month of erasure until obtaining the status again (residence permit or Slovenian citizenship).

Second option is to file a lawsuit in court (in Slovenia), where the highest possible compensation is limited to 3x the amount of the flat – rate amount (for example, if someone can be awarded 3000 euros of compensation in administrative procedure, the maximum amount of compensation in court would be 9000 euros). In the event of individual losing the lawsuit in court, the legal costs of the opposing side (in this case the state) will need to be covered as well, so you have to be sure that you can prove in court proceedings that the damage that was caused to you was truly the result of erasure, and you also need to prove that the amount of damage caused is correspondent to the claim in court. We certainly advise you to claim for compensation in the administrative procedure first, and after that in the court.
Compensation will be paid in up to five installments: the first installment within 30 days of the final decision or judgment, and any further installments in intervals of one year. Compensation up to 1000 euros will be paid in one installment. Compensation over 1000 euros will be paid in several installments and number of installments will depend on the amount of compensation that will be awarded in the process.

Entitled persons under this Act are in addition to damages also entitled to the following forms of just satisfaction:
1. to the payment of contributions for compulsory health insurance,
2. to inclusion and priority treatment in social protection programs,
3. to benefits while exercising the rights from public funds,
4. to state scholarships ,
5. to equal treatment when solving the housing problem,
6. to access to the education system,
7. to inclusion and priority treatment in aid programs for the integration of foreigners, who are not nationals of Member States of the European Union, in cultural, economic and social life of the Republic of Slovenia.