Area: Javna uprava
Competent authority: MDDSZ, MJU
EZU URL: .nan
Initiative ID: 716
Initiative accepted and completed: '2016-01-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-12-01'
Initiative published: '2015-12-01'
Initiative submitted: '2015-11-23'
Response from the competent authority: Response from the Ministry of the Interior:We
  would like to clarify that Article 11 of the Regulation on the Conclusion of Marriages,
  the enforcement of which is the responsibility of the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities, stipulates that the head of the administrative
  unit shall ensure that the conclusion of the marriage takes place at the headquarters
  of the administrative unit on at least one day per week during the administrative
  unit's office hours, or, if this is not possible, at another official premises.
  Article 12 provides that the registrar must ensure that the marriage is solemnised
  on Saturdays within a minimum period of five hours (between 10 a.m. and 7 p.m.).
  The registrar shall offer the prospective spouses the available dates when they
  apply to be married, ensuring that the solemnisations follow each other in a condensed
  time sequence. Exceptionally, on the basis of a decision issued in advance, if the
  prospective spouses so request and give justifiable reasons, or according to the
  possibilities of the particular administrative unit, marriages may also be celebrated
  outside the official premises or outside the official times for solemnising marriages.
  If the future spouses apply for the celebration of the marriage outside the official
  premises or outside the official time for celebrating the marriage, they must, in
  addition to the required documents, attach to the application for the celebration
  of the marriage their consent to use the place for the celebration of the marriage.
  The application for marriage shall be submitted 30 days before the intended marriage,
  as provided for in Article 17 of the Marriage Regulations. However, Article 25 of
  the Travel Documents Act stipulates that the competent authority must decide on
  an application for a travel document within 15 days of its submission. In the light
  of the above, the proposal is not acceptable as the time limit within which the
  passport must be issued is shorter than the time limit prescribed for the registration
  of a marriage. We further clarify that a change in the legislation in the sense
  of a change in the time limits is not acceptable. The 30-day time limit (sometimes
  even 45 days) for the registration of a marriage provides the time necessary for
  the competent authority to verify whether all the conditions for the celebration
  of the marriage laid down in the Marriage and Family Relations Act are met and to
  decide on the celebration of the marriage outside official premises, The 15-day
  time limit for issuing a passport after the application has been lodged is a deadline
  which ensures that citizens obtain a passport as quickly as possible, as it is a
  basic document for proof of identity and nationality and a travel document without
  which the citizen's constitutional right to freedom of movement may be restricted.
  We would also like to clarify that Article 15 of the Law on Personal Names provides
  that spouses may, at the time of marriage, agree that their common surname shall
  be the surname of one or the other spouse, they may each retain their own surname,
  add their spouse's surname to their own surname, or they may choose their spouse's
  surname and add their own surname to that surname. Article 21 of the said Law provides
  that a change of surname as a result of the celebration of the marriage is effective
  as from the date of celebration of the marriage. Since the application for a passport
  also contains information on the surname (Article 23 of the Travel Documents Act),
  it is also not possible to ensure that an application submitted before the marriage
  (i.e. at the time of registration) would contain a surname which would only take
  effect from the date of the marriage.   In addition to the above arguments, which
  do not allow the citizen's proposal to be implemented, we would like to further
  clarify that the proposal is not acceptable because:- the registration of the marriage
  and the related intention to change the surname does not in all cases also imply
  the actual celebration of the marriage and the final decision on the change of surname.
  For example, the future spouses do not attend the marriage ceremony or cancel the
  marriage ceremony; - the old passport must be physically destroyed in accordance
  with the Passports Act and the Regulations on the Enforcement of the Passports Act,
  and the time a citizen would have to wait for a new passport to be issued may be
  a suggestion in these cases; - marriage is often also linked to a move and a change
  of address of the permanent residence; - a change of address of the permanent residence
  may be a suggestion. Among the information entered on the passport is the permanent
  residence of the individual. If the newlyweds change their address in addition to
  their surname, they are obliged to register a change of address within 8 days of
  moving, in accordance with the Residence Registration Act, and this change also
  implies a legal obligation to replace their identification documents.      In order
  to avoid practical difficulties for newlyweds in obtaining new identification documents,
  the legislation of the Republic of Slovenia provides for a time limit within which
  the citizen must present the passport (and identity card) containing the personal
  data that has been changed for destruction. This is no later than 30 days after
  the change, which allows many newlyweds to travel abroad immediately after the marriage
  with a passport (or ID card) bearing their old surname.
Text file: 716.txt
Title: Setting a date for the wedding and ordering new documents
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=716
