Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 961
Initiative accepted and completed: '2020-05-07'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2019-05-16'
Initiative published: '2019-05-16'
Initiative submitted: '2019-05-16'
Response from the competent authority: Reply from the Ministry of the Interior:With
  regard to the simplification of the procedure for de-registering the residence of
  an individual who does not live at a given address, we would like to clarify that
  the obligation to register and de-register permanent and temporary residence is
  regulated by the Act on Registration of Residence (Official Gazette of the Republic
  of Slovenia, No. 52/2016, hereinafter referred to as the "ZPPreb-1"). It provides
  that an individual must declare his/her permanent or temporary residence within
  eight days from the date of settlement at the address where he/she is permanently
  or temporarily residing. 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. When registering
  a (new) residence, it is not necessary to deregister the address of the residence
  already registered, as the address that the person registers is entered in the permanent
  population register and is considered as deregistration of the previous address.Pursuant
  to Article 36(2) of the ZPPreb-1, the owner or co-owner of the property may submit
  an application to the administrative unit for the provision of information on the
  name and surname, year of birth and type of residence of all individuals who have
  a registered permanent or temporary residence at the property address. The owner
  or co-owner cannot de-register another person (without his/her authorisation), even
  if he/she no longer resides at the address, but he/she may 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 the person's registered residence.The administrative unit conducts
  the residence procedure ex officio and establishes the person's actual permanent
  or temporary residence or the address of the person's 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
  where the individual is permanently or temporarily residing and is also unable to
  establish the individual's legal residence in the process of establishing his/her
  permanent residence (registration at the address of the municipality or the social
  work centre), the individual's registration of 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, since situations
  could arise where, for example, a tenant who has proved his right to reside at the
  address when registering his residence (lease, 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 population register, which
  is in the public interest.With regard to the allegation that the waiting time for
  the issue of a residence permit is too long, which includes the acquisition of all
  the documents that the alien has to bring from his/her home country, we would like
  to clarify that the time taken to obtain all the documents that the alien has to
  submit in the procedure for obtaining a residence permit may be influenced primarily
  by the alien himself/herself, since it is the alien who is obliged to submit a complete
  application, on the basis of which the competent authority will then take a decision
  on the application. According to the Aliens Act, the competent authority must decide
  on the application for a residence permit as soon as possible and at the latest
  within 30 days of receipt of the complete application. However, where the competent
  authority is required to carry out a special determination procedure within the
  meaning of the General Administrative Procedure Act in order to establish the existence
  of grounds for refusing to issue a permit, it must decide on the application within
  60 days at the latest. As regards the allegation that the legislation is incomprehensible,
  we would like to clarify that migration law is a complex area of law. It is governed
  by a large number of regulations and directives transposed into national law at
  the level of the European Union. The Ministry, through its supervisory role, regularly
  provides guidance to administrative units on the implementation of legislation in
  this area.
Text file: 961.txt
Title: Simplifications to deregistration of residence and the single permit for residence
  and work
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=961
