Area: Delovno pravno
Competent authority: MDDSZ, MNZ
EZU URL: .nan
Initiative ID: 1132
Initiative accepted and completed: '2021-05-10'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-04-23'
Initiative published: '2021-04-23'
Initiative submitted: '2021-04-22'
Response from the competent authority: 'Reply from the Ministry of the Interior:Regarding
  the proposal on the regulation of the competence to issue a single residence and
  work permit (hereafter: the Single Permit) in such a way that it does not matter
  to which administrative unit an alien submits an application for renewal of the
  Single Permit, we would like to clarify that we are opposed to such a proposal,
  as we consider that it would create opacity and would allow for the jurisdiction
  of an administrative unit to which the alien or his/her employer has no connection
  in terms of the alien''s residence or the employer''s registered office or business
  activity in the area of the administrative unit which is competent for the renewal
  of the Single Permit. The procedure for the issue or renewal of a single permit
  is not, as a rule, a simple administrative matter in which a decision may be taken
  under the summary decision procedure, but is, as a rule, a special decision procedure,
  the conduct of which would, at most, be complicated and even more time-consuming,
  since the alien or the employer would have to undertake individual procedural steps
  (e.g. The employer/employer would have to return to the administrative unit at which
  the application for renewal of the single permit was lodged in order to complete
  the application, hold a hearing, submit fingerprints, etc.). In our opinion, the
  current regime laid down in Article 54(1) of the Aliens Act (Official Journal of
  the Republic of Slovenia, No. 1/18 - Official consolidated text, 9/18 - corrected
  version) is not sufficient, 62/19 - Decree of the European Parliament and of the
  Council of 27 November 2009 and 57/21; hereinafter: ZTuj-2), according to which
  the administrative unit competent for the renewal of a uniform permit is the administrative
  unit in the territory of which the alien resides, the administrative unit where
  the employer''s registered office is located, as well as the administrative unit
  where the activity is carried out (e.g. in the place where the employer''s registered
  office is located), is entirely appropriate and already allows for a sufficient
  degree of flexibility in the choice of the competent administrative unit. Under
  the current regime, the alien or his employer (who is empowered by Article 37a(1)
  of the ZTuj-2 to apply for the renewal of the single permit (Article 37a(1) of the
  ZTuj-2) may apply for the extension of the single permit (Article 37a(1) of the
  ZTuj-2). The alien, as well as the employer, may submit an application to the administrative
  unit in whose territory the alien resides, to the administrative unit in whose territory
  the employer''s registered office is located or to the administrative unit where
  the activity is carried out). Of course, the foreigner and his/her employer can
  only choose between the administrative unit where the foreigner resides, the administrative
  unit where the employer has his/her registered office and the administrative unit
  where the activity is carried out (if these are different administrative units).As
  regards the proposal that the alien should be obliged to submit fingerprints only
  in the procedure of issuing the first temporary residence permit and not in the
  procedure of issuing or renewing the temporary residence permit each time, we consider
  that such indefinite storage of biometric personal data would be inconsistent with
  the Personal Data Protection Act (Official Gazette of the Republic of Slovenia,
  No. 94/07 - Official Journal of the European Union - Official consolidated text
  and 177/20) and Regulation (EU) 2016/679 of the European Parliament and of the Council
  of 27 April 2016 on the protection of individuals with regard to the processing
  of personal data and on the free movement of such data, and repealing Directive
  95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). However,
  the current regime laid down in Article 111(11) of the ZTuj-2, according to which
  fingerprints in digital form are stored in the temporary fingerprint database for
  residence permits established on the basis of this Act until the completion of the
  procedure for issuing a residence permit in the first instance, but no longer than
  60 days from the date of the capture, is in line with the Information Commissioner
  of the Republic of Slovenia (the "Information Commissioner of the Republic of Slovenia"
  (the "Information Commissioner of the Republic of Slovenia").'
Text file: 1132.txt
Title: Removing administrative barriers - extending single permits
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1132
