Area: Pravosodje
Competent authority: MNZ, MOP, MP, MzI
EZU URL: .nan
Initiative ID: 811
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-05-03'
Initiative published: '2017-05-03'
Initiative submitted: '2017-05-03'
Response from the competent authority: "Reply from the Ministry of Justice: the initiative\
  \ or proposal that the courts themselves should have access to the information that\
  \ the registrar is required to obtain under the current legislation in order to\
  \ draw up a death certificate is not, in the opinion of the MoJ, appropriate.The\
  \ proposal that the court itself would obtain information from the Central Register\
  \ of Population (CRP) on the death of an individual requires the preparation of\
  \ an appropriate legal basis, specifically amendments to the Law on Succession (LOD),\
  \ which was last amended last year (LOD-C was published in the Official Gazette\
  \ on 7 October 2016), including in the part regulating preparatory tasks (which\
  \ include the preparation of the death certificate). In practice, the implementation\
  \ of the proposals would impose an additional non-judicial burden on the succession\
  \ courts, and there are also implementation problems associated with the proposal,\
  \ in particular with regard to the information available in the death certificate\
  \ and access to it.The proposal whereby the court would simply obtain information\
  \ about the deceased's death, and information about the deceased, his spouse, children,\
  \ adopted children, parents (including the deceased) and whether any person is under\
  \ guardianship, immediately after the deceased's death has been registered in the\
  \ civil registry, is not appropriate as it is not technically possible at this stage.\
  \ While the Ministry of the Interior (MoI) has informed the Ministry of Justice\
  \ (MoJ) that technical solutions already exist for courts to access the requested\
  \ data themselves, there is currently no link in the CRP between data on parents\
  \ and data on children, or between data on the deceased and data on his/her children.\
  \ It has been agreed that the MoI will inform the MoI about the upgrade of the CRP.\
  \ The same applies to the proposal to consider the possibility for the courts themselves\
  \ to obtain data from the register of registered vehicles, the register of issued\
  \ arms documents, which is maintained by the Ministry of Infrastructure and the\
  \ Ministry of the Interior respectively, and the issue of access to information\
  \ on the estimated value of immovable property, which is under the competence of\
  \ the Ministry of the Environment and Spatial Planning.With regard to the proposal\
  \ to examine the last question, which concerns the possibility for the court to\
  \ have access to information on whether the deceased had received assistance under\
  \ the social welfare regulations, what this assistance was, over what period of\
  \ time he or she had received it and what the total amount of the assistance was,\
  \ we would like to clarify that we have already discussed this possibility with\
  \ the Ministry of Social Welfare and Social Security (MoSWSSE). The data from the\
  \ MoSWSSE system on assistance received under the social welfare regulations relate\
  \ only to families and therefore cannot be accurate with regard to individual persons;\
  \ however, we would like to clarify that the information on the possibility to have\
  \ access to information on the total amount of the assistance is not available in\
  \ the MoSWSSE system. Furthermore, the MDDSZEM system also does not contain data\
  \ on municipally funded exemptions (care fees in care homes for the elderly and\
  \ family assistants).Reply from the Ministry of the Environment and Spatial Planning:Dear\
  \ Sir or Madam! I am sending the following reply from the competence of the Ministry\
  \ of Environment and Regional Planning/GURS:The Act on Mass Valuation of Real Estate\
  \ - ZMVN (Official Journal of the Republic of Slovenia, No. 50/2006, 87/2011, 40/2012\
  \ - ZUJF and 22/2014 - US Decision) stipulates that the generalised market value\
  \ of real estate is kept and maintained in the Real Estate Register, which is a\
  \ public database on real estate.The latest data of the Real Estate Register, including\
  \ the value data, is publicly available free of charge on the Prostor portal (http://www.e-prostor.gov.si)\
  \ via:\r\n- public access,\r\n- personal consultation, or\r\n- for registered users.Online\
  \ services are also available for users to access the data.\r\nWe do not consider\
  \ that there are any technical obstacles to obtaining the data.Reply from the Ministry\
  \ of Infrastructure:With regard to the initiative concerning the \"Streamlining\
  \ of procedures on death\", we would like to start by commenting on the reply from\
  \ the Ministry of Justice, namely that it is correct to state in the text that the\
  \ (central) register of issued firearms certificates is kept by the Ministry of\
  \ the Interior and not by the Ministry of Infrastructure.With regard to the petition,\
  \ we would like to clarify the following:The register of registered vehicles is\
  \ managed by the Ministry of Infrastructure and its content is laid down in the\
  \ Law on Motor Vehicles (Official Journal of the Republic of Slovenia, No 106/10,\
  \ 23/15 and 68/16). The register contains information on the owner and user of the\
  \ vehicle, as well as technical data on the vehicles, but does not contain information\
  \ on the value of the vehicle.The Act also defines the entities that can access\
  \ the register of registered vehicles, which are only entities related to the areas\
  \ covered by the Law on Motor Vehicles, namely vehicle conformity assessment, vehicle\
  \ registration, vehicle technical inspections, professional, inspection and police\
  \ control.The Register of Registered Vehicles also contains information on the owner\
  \ and user of the vehicle, as well as technical data on the vehicle. If the Ministry\
  \ of Justice wishes to regulate the access of courts to the register of registered\
  \ vehicles, it must do so in sectoral legislation, as this is also the way in which\
  \ other ministries regulate access to the register.\r\n Reply from the Ministry\
  \ of the Interior:The Law on the Civil Registry (Official Gazette of the Republic\
  \ of Slovenia, No 11/11 - officially consolidated text) stipulates that the Civil\
  \ Registry is a computerised database in which the following civil registration\
  \ facts are entered: birth, marriage and death, as well as other facts established\
  \ by law. Pursuant to Article 4 of that Law, the following information on death\
  \ is entered in the civil registry: day, month, year, time and place of death. The\
  \ competent authority for registration is the administrative unit in whose territory\
  \ the place of death is located, or, if the place of death cannot be determined,\
  \ the death is registered by the registrar of the competent authority in whose territory\
  \ the place where the deceased was found is located.The law also provides for the\
  \ registration of death. The death of a person who has died in a health care institution,\
  \ nursing home, military barracks, tourist-guest accommodation, penal institution\
  \ or other accommodation facility, organisation or institution must be notified\
  \ to the competent authority by the institution or organisation in which the person\
  \ died. If the death occurred outside the above-mentioned establishments, the death\
  \ must be reported by the medical examiner or the doctor who diagnosed the death,\
  \ by the deceased's family members or by those with whom the deceased lived. The\
  \ death of a person whose body has been found and whose identity has not been established\
  \ must be reported by the authority which drew up the report on the discovery of\
  \ the body. The death must be notified together with a death certificate issued\
  \ by the competent health professional who established the death or by the health\
  \ institution if the person died there.The death must be notified to the administrative\
  \ unit within two days of the date of death or of the date on which the body was\
  \ found, or on the first working day after the expiry of the time limit. If a shorter\
  \ time limit is laid down for burial by a special regulation, the death must be\
  \ registered before the burial.The law also provides for the registration of the\
  \ declaration of the missing person as dead and the registration of the death established\
  \ in court proceedings. The declaration of a missing person as dead and the death\
  \ established in judicial proceedings shall be entered in the civil registry on\
  \ the basis of a final court decision. The court shall, within fifteen days of the\
  \ decision becoming final, send it to the competent authority in whose territory\
  \ the place where the deceased was last domiciled is situated. If the deceased's\
  \ last habitual residence is unknown or abroad, the court shall send the decision\
  \ referred to in paragraph 1 of this Article to the competent authority of the place\
  \ where the deceased was born, or, if the deceased was born abroad, to the competent\
  \ authority of the place where the seat of the court which issued the decision is\
  \ situated.Article 22 of the Regulation on the Implementation of the Law on the\
  \ Civil Registry (Official Gazette of the Republic of Slovenia, No 40/05, 69/09\
  \ and 77/16), concerning the registration of death, provides that information on\
  \ death in the territory of the Republic of Slovenia shall be entered in the civil\
  \ registry on the basis of a death notification, a final court decision, a decision\
  \ of a competent authority or a report on the discovery of a corpse. The death declaration\
  \ must contain:\r\n- information on the applicant,\r\n- the deceased's personal\
  \ details: personal name, registration number, or date and place of birth,\r\n-\
  \ the date, time and place of death,\r\n- information on the spouse or partner,\
  \ if known.An extract on the death of the individual shall also be issued from the\
  \ civil registry.Article 48 of the Rules of Procedure stipulates that the registrar\
  \ shall, within three days, inform other users who have a legal basis for obtaining\
  \ the information of the entry of a fact of civil registration and a change in the\
  \ personal status in the register. In most cases, the distribution of data to other\
  \ users is carried out through the Central Register of Population in accordance\
  \ with the Law on the Central Register of Population (Official Gazette of the Republic\
  \ of Slovenia, No. 72/06 - official consolidated text), where the civil registry\
  \ is the direct source of data on the death of an individual.From this point of\
  \ view, the rapid provision of information on the death of individuals for the purposes\
  \ of the work of the courts, directly from the Central Population Register, is,\
  \ in view of the above, a possible technical solution which, with the appropriate\
  \ legal basis, the Ministry of the Interior can provide without major problems.\
  \ In addition to the data on deaths, it is also possible, on an appropriate legal\
  \ basis, to provide other data held in the civil registry or the register of permanent\
  \ residents and, consequently, in the Central Population Register. Among others,\
  \ the Central Population Register may also provide information on the parents of\
  \ an individual or on the children of an individual."
Text file: 811.txt
Title: Streamlining procedures on death
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=811
