Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 945
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2019-04-18'
Initiative published: '2019-04-18'
Initiative submitted: '2019-04-16'
Response from the competent authority: 'Reply from the Ministry of the Interior:We
  would like to clarify that the obligation to register and de-register permanent
  and temporary residence is regulated by the Law on Registration of Residence (Official
  Gazette of the Republic of Slovenia, No. 52/2016, hereinafter: ZPPreb-1). The Law
  stipulates that an individual must register his/her permanent or temporary residence
  within eight days from the date of his/her settlement at the address where he/she
  is residing permanently or temporarily. If the person fails to comply with his/her
  obligation to register, he/she may be liable to a fine of between EUR 200 and EUR
  600. We would like to further clarify that when registering a (new) residence, it
  is not necessary to de-register the address of the previously registered residence,
  as the address that the person registers is entered in the Register of Permanent
  Residents and is deemed to be a de-registration of the previous address.According
  to the provisions of the ZPPreb-1, the owner cannot de-register a person who has
  registered his/her residence at the address of his/her property, even if the person
  no longer resides at the address, but he/she can submit a request to the administrative
  unit to establish the permanent/temporary residence of that person. The application
  may be made in writing or orally on the record at the administrative unit in the
  area of which the person has a registered residence.The administrative unit shall
  conduct the residence procedure ex officio and shall establish where the person
  is actually permanently or temporarily residing or the address of his/her actual
  residence. The competent administrative unit must establish the true factual situation
  and, by means of a final decision, may register the individual''s residence at the
  address where he or she actually resides. If the administrative unit establishes
  in the course of the procedure that the individual has moved away from the territory
  of the Republic of Slovenia, it shall deregister the individual''s residence and
  enter the address abroad, if known to the administrative unit, or the country to
  which he or she has moved in the register of permanent residents. However, if it
  is unable to establish the permanent or temporary residence of the individual and
  is also unable to establish the legal residence of the individual in the process
  of establishing his/her permanent residence (registration at the address of the
  municipality or the social work centre), the registration of the individual''s residence
  in the register of permanent residence shall be terminated.We would point out that
  the procedure for establishing residence constitutes a legal remedy for the failure
  of an individual to register his/her residence, since, as explained above, the individual
  is obliged to register his/her residence within eight days of occupying the address,
  and it is therefore contrary to the legislation in force for another person, without
  his/her authorisation, to make such a declaration, which could be made by the owner,
  the landlord or any other person, without his/her authorisation. The above-mentioned
  regulation stems from the aim of preventing possible abuse of the right of residence,
  as situations could arise where, for example, a tenant who has proved his right
  to reside at the address when registering his residence (rental agreement, landlord''s
  consent, etc.) is arbitrarily deregistered by the landlord, but the tenant continues
  to reside at the address even though the landlord has provided ''proof of his eviction''.
  In residence proceedings, the factual situation is thus established and registered
  (on the basis of the statements of the party himself, the owner and other witnesses
  in the proceedings), thereby ensuring the accuracy of the information in the permanent
  register, which is in the public interest.'
Text file: 945.txt
Title: Withdrawal of residence
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=945
