Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 225
Initiative accepted and completed: '2013-11-13'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-10-04'
Initiative published: '2013-10-04'
Initiative submitted: '2013-10-04'
Response from the competent authority: Reply from the Ministry of the Interior The
  Ministry of the Interior will consider the case raised when adopting amendments
  to the Regulations and will try to facilitate the submission of applications by
  minimising administrative obstacles for applicants, namely that a statement of relevant
  facts (valid contract, job title, grade, total length of service) is sufficient
  at the application stage, which is verified on the basis of evidence subsequently
  submitted by successful applicants. Thus, only successful applicants, and not all
  applicants, will have to comply with the obligation to provide the required annexes.The
  management of the Ministry of the Interior's (MoI) official housing is governed
  by an internal Ministry act, the Rules on the Letting of Official Housing, Single
  Rooms and Beds in Single Rooms of the Ministry of the Interior for the Needs of
  the Police (hereinafter referred to as the Rules). The specific comment relates
  to the allocation of service flats in special cases (Articles 48 and 49 of the Rules),
  which lay down the procedure for the allocation of flats to civil servants - external
  applicants.The above-mentioned Articles lay down the conditions according to which
  the order of applicants is determined and, consequently, the right to the allocation
  of service flats is determined. Since the Ministry of the Interior does not have
  information on applicants who are not its employees, and the allocation of housing
  depends on the applicant's employment, distance from the workplace, the tariff grade
  to which he or she is assigned and the length of service, it is necessary to obtain
  this information in the procedure.The allocation of official housing does not follow
  the general administrative procedure, but constitutes an employer's business. The
  Ministry of the Interior, as the tendering authority, cannot therefore order another
  authority to provide it with this information, even if it has the applicant's permission,
  since it has no legal basis to do so. The above also follows from the opinion of
  the Information Commissioner that in the specific cases the personal data or documents
  in question fall within the category of unprotected personal data and that a possible
  legal basis for obtaining the requested documents is the Access to Public Information
  Act (a combination of Articles 1, 4 and 5 and the third paragraph of Article 6(3)
  of the Act). In the specific case, the legal basis mentioned is firstly non-binding
  (i.e. it does not impose a compulsory enquiry) and secondly may be rather inefficient
  (20 working days for a reply, possibility of refusal, etc.).Therefore, from the
  point of view of increasing the efficiency of the implementation of the housing
  allocation procedure, it makes more sense to encourage the applicants to provide
  supporting documents. If an individual applicant does not wish to do so, he/she
  may request information or documents from the Ministry of the Interior, but due
  to the above-mentioned facts, there is a possibility of obtaining the necessary
  information and documents with delay or even of not receiving the information due
  to a possible refusal to provide the requested information and documents by the
  operators of the above-mentioned databases, which may result in the applicant's
  disqualification from the housing allocation procedure.In addition, there is a high
  probability of unreasonable prolongation of the housing allocation procedure for
  all applicants who have submitted an application to the call for tenders.
Text file: 225.txt
Title: Notice of call for tenders for service accommodation
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=225
