Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 910
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2018-06-13'
Initiative published: '2018-06-13'
Initiative submitted: '2018-06-05'
Response from the competent authority: "Answer from the Ministry of the Interior:For\
  \ a citizen under the age of 18 or who lacks legal capacity, the application must\
  \ be submitted by the legal representative. As the identity card is an important\
  \ identification document, and also serves as proof of nationality and border crossing,\
  \ the compulsory presence of the person in person is essential to prevent abuse,\
  \ i.e. situations where a person claiming to be another person wishes to apply for\
  \ an identity card or where an individual wishes to submit a photograph of another\
  \ person with the application. The same applies to the issue of identification documents\
  \ for children, as this also prevents the possibility of child trafficking.Additional\
  \ clarifications:We would like to clarify that Article 2 of the Law on Identity\
  \ Cards (Official Gazette of the Republic of Slovenia, No. 35/11) stipulates that\
  \ an identity card is compulsory only for citizens of legal age who are permanently\
  \ residing in the territory of the Republic of Slovenia, where they do not have\
  \ another valid official identification document with a photograph issued by a state\
  \ authority. Notwithstanding the above, a child may obtain an identity card immediately\
  \ after birth. Furthermore, Article 12 provides that a citizen shall apply in person\
  \ to the competent authority for the issue of an identity card. In the case of a\
  \ citizen under 18 years of age or a citizen who lacks legal capacity, the application\
  \ shall be made by the legal representative. As the identity card is an important\
  \ identification document and also serves as proof of nationality and border crossing,\
  \ compulsory personal presence is essential to prevent abuse, i.e. situations where\
  \ a person claiming to be another person wishes to apply for an identity card or\
  \ where an individual wishes to submit a photograph of another person with the application.\
  \ The same applies to the issue of identification documents for children, as this\
  \ also prevents the possibility of child trafficking. Article 12(4) of the Identity\
  \ Card Act therefore explicitly provides that the authorised person of the authority\
  \ responsible for issuing identity cards shall, when submitting an application,\
  \ verify the identity of the citizen and, in cases where the application for the\
  \ issue of an identity card is submitted by a legal representative, also the identity\
  \ of the legal representative. In addition, Article 13(4) of the Act provides that\
  \ the citizen must submit with the application for an identity card a photograph\
  \ of the prescribed size showing his or her true likeness. However, the appropriateness\
  \ of the photograph (i.e. showing the true likeness of the holder) can only be verified\
  \ by the official comparing the submitted photograph with that of the party to the\
  \ proceedings, i.e. the party who is also obliged to be present in person during\
  \ the proceedings.\r\nIn addition to the law, Article 7 of the Regulation on the\
  \ Enforcement of the Law on Identity Cards (Official Gazette of the Republic of\
  \ Slovenia, No 52/13) stipulates that the photograph must show the true image of\
  \ the citizen. If the photograph does not comply with this requirement, the competent\
  \ authority returns it to the applicant and sets a deadline for the applicant to\
  \ submit a suitable photograph. Article 6 of the Regulation also stipulates that\
  \ the applicant shall verify the accuracy of the information on the application\
  \ and sign it before an official of the competent authority. By signing, the applicant\
  \ guarantees the correctness of the information and the signature is also transferred\
  \ as information on the identity card produced. Both the photograph and the signature\
  \ of the holder of the identity card shall be kept in the register of identity cards\
  \ issued and, as such, may be used to verify the authenticity of the document in\
  \ the event of a finding of fraud. In order to avoid abuses, Article 9 of the Regulation\
  \ also explicitly provides for the obligation of the official to establish the identity\
  \ of the citizen and to verify the veracity of the information provided in the application\
  \ for the issue of an identity card. In addition, the second paragraph stipulates\
  \ that, for the reasons already mentioned, a child who has reached the age of eight\
  \ or a citizen who is not of legal capacity but for whom there are no legitimate\
  \ medical reasons for not being able to be present when the application is made\
  \ must also be present when the application is made. In the past, the age limit\
  \ of eight years was not explicitly defined and therefore the presence of younger\
  \ children and infants was required at the time of application. Due to the lack\
  \ of life and the need to remove such administrative obstacles, the age limit was\
  \ already defined by the Regulation on the implementation of the ID Card Act (Official\
  \ Journal of the RS, No 68/08). The solution was based on the age at which a child\
  \ is considered to be able to sign.Over the last ten years, we have not observed\
  \ any problems for parents as a result of the compulsory presence of their children\
  \ (in particular for identification and photo identification, as well as for signing\
  \ the application) after the age of eight.\r\n "
Text file: 910.txt
Title: Issuing an identity card to a child
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=910
