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SLOVENIA

Legislation

Act Regulating the Relations Between the Republic of Slovenia and Slovenes Abroad

Un-official translation in English

I. Introductory Provisions

Article 1

  1. This Act regulates the affairs of the Republic of Slovenia with Slovenes living outside its borders, and appoints jurisdictions of the state agencies of the Republic of Slovenia in this field.

  2. The Act regulates the status of Slovenes without Slovene citizenship and repatriation.

Article 2

  1. Slovene men and women (hereinafter: Slovenes) outside the Republic of Slovenia are:

    • Slovenes abroad (Slovene emigrants); these are the persons belonging to the autochthonous national minority in neighboring States;

    • Slovenes in other countries; these are emigrants residing in neighboring countries outside the territory recognized as territories in neighboring countries inhabited by Slovenes and other European States and in countries outside the European territory of the Member States.

  2. Slovene territories in neighboring countries are those frontier zones of all four neighboring countries, where autochthonous Slovene population resides.

Article 3

The Act refers to Slovenes abroad who have:

  • the citizenship of the Republic of Slovenia;

  • the status of a Slovene without the citizenship of the Republic of Slovenia;

  • no citizenship of the Republic of Slovenia and no status.

Article 4

  1. The Republic of Slovenia respects the principle of the Framework Convention for the Protection of National Minorities and the European Charter for Regional and Minority Languages, stating that national minorities in the European Union are an integral part of the co-operation among the Member States.

  2. The Republic of Slovenia supports cross-border co-operation among local and regional governments, wherein the autochthonous Slovene national minority plays an integral part.

II. Fundamental principles

Article 5

  1. Slovenes abroad are an equal part of the unified Slovene nation.

  2. The Republic of Slovenia is the mother country of all Slovenes outside its borders and the state protector of the autochthonous national minorities in neighboring States.

Article 6

  1. The territories of the neighboring Member States, where the autochthonous Slovene national minority resides, and the Republic of Slovenia, form a common Slovene cultural space.

  2. Endeavoring to preserve and strengthen Slovenian-hood in the common Slovene cultural space, is one of the main undertakings of the Republic of Slovenia.

Article 7

The concern for Slovenes abroad is an undeviating, essential part of the foreign affairs policies of the Republic of Slovenia.

Article 8

The Republic of Slovenia monitors and actively promotes the implementation of all bilateral and multilateral international treaties that also affect the interests and rights of the autochthonous Slovene national minority in neighboring countries.

Article 9

The Republic of Slovenia is concerned with the maintenance and development of the Slovene language and culture, the preservation of the cultural heritage and national identity among Slovenes abroad.

Article 10

The Republic of Slovenia facilitates and promotes the integration of Slovenes abroad into the social and political life of the mother nation.

Article 11

  1. The Republic of Slovenia supports the integrity, subjectivity and autonomy of the autochthonous Slovene national minority in neighboring States and respects the organised structures of the unified representatives of each minority.

  2. In relations with the autochthonous Slovene national community in the neighboring countries, the Republic of Slovenia acts in accordance with the principles of statesmanlike conduct, democracy and partnership.

Article 12

The Republic of Slovenia builds a relationship with Slovenes outside its borders on the grounds of a long-term strategy, which is enacted through:

  • institutional binding on the level of state bodies and institutions;

  • the development of sustainable strategies for the comprehensive strengthening of Slovene communities abroad;

  • financial help.

III. Promoters

Article 13

The main promoters of co-operation between the Republic of Slovenia and the Slovenes abroad and around the world are:

  • Office for Slovenes Abroad at the Government of the Republic of Slovenia

  • Commission for Relations with Slovenes in Neighboring and other Countries at the National Assembly of the Republic of Slovenia Page 4606 / nr. 43 / 21.04.2006 Uradni list Republike Slovenije (Official Journal of the Republic of Slovenia)

Article 14

  1. The Office for Slovenes Abroad (hereinafter: Office) is a central agency of state administration, the domain of which is the relations between the Republic of Slovenia and the autochthonous Slovene national community in neighboring States, and between the Republic of Slovenia and Slovenes in other counties. It is chaired by the minister without portfolio.

  2. The Office indirectly participates in the information network of the Ministry of Foreign Affairs.

  3. The Office can, through the Ministry of Foreign Affairs, give suggestions to diplomatic representative bodies and consulates of the Republic of Slovenia (hereinafter embassies of the Republic of Slovenia) in its domain.

Article 15

The Office is qualified for performing activities related to:

  • Slovenes abroad;

  • their cultural, educational, economic, political and other co-operation with the mother country of the Republic of Slovenia;

  • informing in the area of legal protection;

  • informing, advising and helping Slovene subjects and organizations abroad;

  • monitoring and co-coordinating the activities of ministries in the field of co-operation with Slovenes abroad;

  • policy-making and implementation of state policies concerning Slovenes abroad;

  • planning and implementation of financial support by the Republic of Slovenia for Slovenes abroad

  • planning financial support for civil society organizations in Slovenia to co-operate with Slovenes abroad and performing financial supervision in these organizations.

Article 16

  1. The Commission for Relations with Slovenes in Neighboring and other Countries (hereinafter: Commission) is a working body of the National Assembly of the Republic of Slovenia.

  2. The Commission is qualified for performing activities related to:

    • monitoring the conditions of Slovenes abroad;

    • co-operation of the civil society organizations with Slovenes abroad;

    • taking part in policy-making of the Republic of Slovenia in matters that affect Slovenes abroad;

    • appropriate incorporation of the issues of Slovenes abroad into laws, where fit;

    • advocating for the interests of Slovenes abroad while taking part in policy-making and planning the national budget of the Republic of Slovenia;

    • taking part and proposing programmes of national interest in the matters of concern for Slovenes abroad;

    • forming positions towards specific issues from this field;

    • informing the National Assembly of the Republic of Slovenia on general and specific problems faced by Slovenes abroad;

    • willingness to eliminate problems faced by Slovenes abroad and consideration for their proposals and opinions;

    • monitoring the implementation of the policies in the case of Slovenes abroad by the executive government of the Republic of Slovenia.

The Office for Slovenes Abroad and The Commission for Relations with Slovenes in Neighboring and Other Countries mutually inform each other of their activities and of the co-operation between the Republic of Slovenia and Slovenes abroad.

Article 17

Through its relations with Slovenes in the cross-border area and around the world, the Office and Parliamentary Commission of the Republic of Slovenia is informed of all of the activities carried out in the area of collaboration between the Republic of Slovenia and the Slovenes in the cross-border area and round the world.

Article 18

  1. The ministries, within the scope of their competence, make contact and foster co-operation with organizations of Slovenes outside Slovenia.

  2. The activities of the ministries from the previous paragraph are coordinated by the Office.

  3. The ministries and other state bodies have a duty to constantly inform the Office of their activities in the field of co-operation with the Slovenes abroad.

  4. The role of the competent ministries as the promoters of co-operation is defined in specific chapters of this Act, statutes and executive regulations.

Article 19

In the scope of their competences and possibilities, also other state bodies of the Republic of Slovenia, local communities, public institutions, religious communities and civil society organizations, make contacts and foster co-operation with the organizations of Slovenes abroad.

Article 20

  1. Council for Slovenes in Neighboring Countries is a permanent deliberative body of the Government of the Republic of Slovenia. It consists of representatives of state agencies, institutions, political organizations and civil society organizations of the Republic of Slovenia and of Slovenes in neighboring countries.

  2. The Council for Slovenes in Neighboring Countries is in session at least two times per annum.

  3. The members of the Council for Slovenes in Neighboring Countries are appointed by the prime minister of the Republic of Slovenia, who also calls and opens the sessions of the Council. Administrative-technical tasks of the Council are performed by the Office.

  4. The functioning of the Council for Slovenes in Neighboring Countries and its operating structure, which pertains to the members of the Council from the Republic of Slovenia, is determined by standing orders that are adopted by the Government of the Republic of Slovenia.

  5. The appointment of members of the Council for Slovenes in Neighboring Countries, representatives of Slovenes in the neighboring countries is proposed to the prime minister of the government of the Republic of Slovenia by representative organizations of the autochthonous Slovene national communities in neighboring countries.

  6. As members of the Council for Slovenes in Neighboring Countries the prime minister of the Republic of Slovenia appoints four representatives of the autochthonous Slovene national minority of the Autochthonous territory of Friuli Venezia Giulia (the Republic of Italy) and Carinthia (the Republic of Austria), and two representatives of the autochthonous Slovene national minority of Styria (the Republic of Austria) and Vas county (the Republic of Hungary). As members of the Council, the prime minister of the Republic of Slovenia also appoints two representatives of the autochthonous Slovene national community in Croatia, inhabiting the territory of the seven counties of the Republic of Croatia, bordering on Slovenia, and the territory of the city of Zagreb.

Article 21

The Council for Slovenes in Neighboring Countries:

  • plans and proposes to the Government of the Republic of Slovenia the adoption of a long-term strategy for the development of relations with Slovenes in neighboring countries;

  • gives advice to the Government of the Republic of Slovenia and its ministries in the scope of its competence, related to the activities and state of affairs of Slovenes in neighboring countries;

  • co-operates in the making of other strategic documents and development programmes;

  • forms positions on events related to activities and state of affairs of Slovenes in neighboring countries.

Article 22

  1. The Council for Slovenes Abroad is a permanent deliberative body of the Government of the Republic of Slovenia. It consists of representatives of state organs, institutions, political organizations and civil society organizations of the Republic of Slovenia and of Slovenes abroad.

  2. The Council for Slovenes Abroad is in session normally once a year.

  3. The members of the Council for Slovenes Abroad are appointed by the prime minister of the Republic of Slovenia, who also calls and chairs the sessions of the Council. Administrative-technical tasks of the Council are performed by the Office.

  4. The functioning of the Council for Slovenes in Neighbouring Countries and its operating structure, which pertains to the members of the Council from the Republic of Slovenia, is determined by standing orders that are adopted by the Government of the Republic of Slovenia.

  5. The appointment of the members of the Council for Slovenes Abroad, representatives of Slovenes abroad is proposed to the prime minister of the Government of the Republic of Slovenia by organisations of Slovenes abroad.

  6. The prime minister of the Republic of Slovenia appoints the members of the Council for Slovenes Abroad:

    • four representatives of Slovenes living in European states, including two representatives of Slovene migrants, living in the states of the former Yugoslavia;

    • three representatives of Slovenes living in South America, including two representatives of Slovenes living in Argentina;

    • representatives of Slovenes living in North America: two representatives of Slovenes living in the United States of America, and one representative of Slovenes, living in Canada;

    • two representatives of Slovenes living in Australia;

    • one representative of Slovenes living in the countries of other continents.

Article 23

The Council for Slovenes Abroad co-operates in policy-making and in implementing the policies and strategies of the Republic of Slovenia in the field of the care for Slovenes abroad.

IV. Basic Fields of Co-operation of the Republic of Slovenia with Slovenes Outside Its Borders

A. Co-operation in the Field of Culture

Article 24

  1. In the framework of its regular programmes, the Office also fosters cultural co-operation with Slovenes outside the Republic of Slovenia, preservation of the common cultural heritage and mutual exchange of achievements in this field.

  2. The Office obtains expert opinions from the Ministry of Culture when preparing calls for application in the field of culture and when making decisions on financing.

Article 25

  1. The Ministry of Foreign Affairs concludes framework bilateral agreements on co-operation in culture, education and science and following implementation programmes.

  2. While concluding bilateral agreements and programmes, the interests of Slovenes in contracting countries are also taken into account.

Article 26

The Archives of the Republic of Slovenia keep collective records of materials in the neighbouring countries and in other countries related to Slovenia and Slovenes.

Article 27

The public Archives in the Republic of Slovenia keep records, create registers and other aids on archives in the neighbouring countries and in other countries related to Slovenia and Slovenes.

Article 28

  1. The Republic of Slovenia promotes the creation of public or private centers (archive, informational, cultural, economic) in those countries, where a larger number of Slovenes reside.

  2. In accordance with the legislature in each country, a Slovene center collects and conserves the original private archival materials, originating in this country and relating to Slovenia and Slovenes.

  3. Those responsible for working with archive materials in these centers must adhere to the professional principles of the archive conduct and be appropriately trained to take these posts.

  4. Professional training and consultations, as well as professional supervision are performed by the Archives of the Republic of Slovenia or other public archives in the Republic of Slovenia.

Article 29

The public archives of the Republic of Slovenia and others, may keep records in countries where Slovene centers have not been established, of the original archive materials related to Slovenia and Slovenes in these countries, collect reproductions of these materials and only as an exception also collect the original materials, according to the legislature of these countries.

Article 30

  1. The public institution of Radio-Television Slovenia (RTV) has, within the framework of its tasks regulated by departmental legislature, a duty to provide proper information of Slovenes in neighbouring countries and inform the public in the Republic of Slovenia on issues concerning Slovenes in neighbouring countries and in other countries.

  2. All Slovenes living outside the Republic of Slovenia, showing interest and living in the range of satellite transmission or in the range of the broadcasts of RTV Slovenia, have to be provided with access to the broadcasting of programmes by RTV Slovenia without any kind of fees, compensation or other forms of payment.

Article 31

  1. The Republic of Slovenia supports the information through the printed media by granting appropriate financial support that facilitates publishing, to the printed media, which are of national importance for informing Slovenes abroad.

  2. The media liable for financial support are those that hold the status of a printed media of national importance for informing Slovenes abroad.

  3. The criteria for acquiring the status of a printed media of a national importance, are:

    • the concept of the content;

    • the main activity of the publisher being to inform Slovenes outside the Republic of Slovenia;

    • the duration in which this printed media has been published;

    • other criteria, defined by laws and executive regulations.

  4. The acquisition and deprivation of the status of a printed media of national importance for the informing of Slovenes abroad lies in the power of the Office, fulfilling the criteria in the third paragraph of this Article.

B. Preserving Slovenes Language and Education

Article 32

  1. The Republic of Slovenia provides Slovenes abroad with the possibility of preserving and learning the Slovene language. For this reason:

    1. in European Member States where a Slovene minority is living, extra-curricular talks on the Slovene language and culture are organised for children, young people and adults, and scholarships can be obtained for attending the lectures in schools for Slovene language in Slovenia, which offer Slovene-language learning;

    2. where the extra-curriculum lectures can not be carried out in public educational institutions, financial help is provided for renting learning facilities;

    3. in teaching Slovene language for children, young people and adults, in the rest of the world countries, help is given:

      • by the professional training of teachers in Slovenia and abroad;

      • by sending text-books and other teaching material;

      • by the partial coverage of costs related to the teaching process;

      • by granting scholarships for attending those Slovene-language schools in Slovenia, which offer the Slovene language to Slovenes outside the Republic of Slovenia;

    4. an additional professional and language training of teachers and childcare workers, who work in Slovene or bilingual educational institutions in neighbouring countries, is provided and scholarships are granted for children, young people and adults from neighbouring countries, for attending Slovene-language schools in Slovenia that offer the learning of Slovene language to Slovenes outside the Republic of Slovenia;

    5. professional educational excursions for school-children and students are organised;

    6. schools in neighbouring countries are involved in school-competitions and other activities in Slovenia;

    7. the development is supported of distance-learning of Slovene language with the use of modern information and communication technologies.

  2. The Ministry of Education and Sport and The Ministry of Higher Education, Science and Technology are responsible for accomplishing the missions in the previous paragraph of this Article. The Office is also responsible for accomplishing the tasks in the third and fourth indent of the previous paragraph of this Article. Activity-holders are public and private education institutions of regular education programmes.

Article 33

The Ministry of Education and Sport monitors the state of affairs and through parents, teachers and embassies of the Republic of Slovenia and encourages younger generations to learn and preserve the Slovene language.

C. Science and Higher Education

Article 34

  1. Slovenes with a permanent residence outside the Republic of Slovenia, holding the citizenship of the Republic of Slovenia, Slovenes with a permanent residence outside the Republic of Slovenia, having the status of a Slovene without a Slovenian citizenship and Slovenes outside the Republic of Slovenia without citizenship or status, can enroll on educational programmes of public higher education institutions in the Republic of Slovenia under more favorable conditions, in the manner prescribed by the law and regulated by the higher education system.

  2. Provision from the first paragraph of this Article regulates also granting scholarships to Slovenes outside the Republic of Slovenia.

  3. The more detailed conditions and the procedure for granting scholarships in the second paragraph of this Article are determined by the minister of higher education.

Article 35

The Republic of Slovenia organizationally and financially supports:

  • linking and co-operation among Slovenes abroad and subjects in Slovenia in the field of science and new-technology development;

  • involving Slovene scientists and experts, young researchers and lecturers working abroad in scientific-research programmes, conducted by institutions of the Republic of Slovenia;

  • international conventions that initiate contacts and projects of co-operation with Slovene scientists abroad;

  • establishment and functioning of lectureships of Slovene language at universities in areas, where larger communities of Slovenes outside the Republic of Slovenia are reside.

Article 36

Research institutes of the Republic of Slovenia pay special attention to researching the former and present social reality of Slovene communities abroad.

Article 37

The Ministry of Higher Education, Science and Technology is competent for executing key missions in the field of scientific-research and educational co-operation with Slovene scientists abroad.

D. Sports

Article 38

  1. In the framework of departmental legislature, the Republic of Slovenia ensures the conditions for maintaining connections with Slovenes abroad in the field of sports and encourages direct co-operation between Slovene sports organizations and Slovene sports organizations abroad.

  2. The calls of the sports ministry, and other non-governmental organizations, are open to multiple sports-organizations, Slovene sports-associations and individuals from the neighboring countries and other countries.

  3. Slovenes in neighboring countries and in other countries have equal rights as Slovenian citizens in the issues in the first and second paragraph of this Article.

Article 39

  1. Co-operation with Slovenes in the neighbouring countries is managed through:

    • organizing joint sports events;

    • organizing seminars for expert and managing persons;

    • help with organizing major sport events;

    • providing sports organizations in the neighbouring countries with coaches to help the members of all ages and all kinds of sports activities.

  2. Besides direct co-operation among sports organizations, the contacts with Slovenes abroad, also take place in the form of exchange of information, expert materials and literature in the field of sports, and by organizing joint sports events.

Article 40

The Ministry of Education and Sport is competent for executing key missions in co-operation with sports organizations of Slovenes abroad.

E. Economic and Regional Co-operation

Article 41

One of the priorities of the Republic of Slovenia in international economic and regional co-operation is to intensity its co-operation with economic, agronomic and other organised structures of Slovenes abroad.

Article 42

  1. The structuring and implementing the economic and regional co-operation politics with Slovenes abroad is based on the following mutually aligned documents: Strategy for Economic Development of Slovenia, Strategy for Regional Development of Slovenia, National Development Programme, Programme Documents for EU, Programme of Measures to enhance Competitiveness and Entrepreneurs, Strategy of the Work-Market and Employment, Strategy of the Republic of Slovenia in Information Society and Regional Development Programmes.

  2. Valid documents of development planning in the previous paragraph of this Article are to be coordinated with the provisions of this Act.

Article 43

  1. Ministry of the Economy and the agency, competent for regional development, define the baseline, objectives and the purpose, instruments and the means of financing the actions for encouraging economic and regional co-operation with Slovenes abroad.

  2. The agency competent for regional development, manages the information, involvement and consideration of interests of Slovenes in neighbouring countries, while executing tasks connected with the formation of Euro-regions, and other cross-border regional development.

Article 44

  1. For the field of economic co-operation with Slovenes abroad, the Government of the Republic of Slovenia has a special deliberative body, called the Business Development Council for Slovenes Abroad (hereinafter: Development Council).

  2. Development Council performs the following activities:

    • adopts guidelines and recommendations for economic co-operation with Slovenes abroad;

    • promotes economic co-operation with Slovenes abroad;

    • considers petitions and evaluates proposals of the documents under Article 42 of this Act from the viewpoint of economic co-operation with Slovenes abroad.

  3. The structure, organization and functioning methods of the Development Council are determined by the Government of the Republic of Slovenia.

V. Granting Financial Support

Article 45

  1. The Republic of Slovenia helps to maintain the structures and activities of Slovenes outside the Republic of Slovenia with financial support.

  2. Civil society organizations, which operate in the field of association with and interest for Slovenes abroad, can also receive financial support.

Article 46

  1. A major part of the financial support for Slovenes abroad is guaranteed through two special items in the regular yearly budget of the Republic of Slovenia.

  2. Items in the previous paragraph of this Article are drawn on budgets of The Office for Slovenes Abroad in the Government of the Republic of Slovenia.

Article 47

The means distribution procedure is defined by the Government of the Republic of Slovenia with a decree.

Article 48

  1. In distributing the means analyses, estimates, strategies and interests of the Republic of Slovenia, the needs, interests, estimates and propositions of Slovenes abroad are taken into consideration.

  2. The analyses, estimates, interests and needs from the previous paragraph of this Article are related to the eligibility of specific applicants for financial support by the Republic of Slovenia.

Article 49

  1. The role of the Council for Slovenes in Neighbouring Countries in providing the autochthonous Slovene minority in neighbouring countries with financial support is defined by the regulation under Article 47 of this Act.

  2. The role of the Council for Slovenes Abroad in providing the Slovene emigrants with financial support is defined with the regulation under Article 47 of this Act.

Article 50

All Slovenes in neighbouring countries and in other countries, immigrants, exiles and their descendants, as well as their organizations, have the possibility of obtaining financial support from the Republic of Slovenia.

Article 51

Financial support of the Republic of Slovenia can be awarded to applicants who fulfill the following conditions:

  • the applicant is by a single act or continuous activity striving for the material, social, political, cultural or spiritual well-being of the persons belonging to the minority of the Slovene nation outside the Republic of Slovenia, namely to preserve and strengthen their Slovene identity;

  • the applicant has a positive attitude towards co-operation with the mother country, the Republic of Slovenia;

  • respects the procedures and duties in relation to spending the budget means of the Republic of Slovenia.

Article 52

  1. On the grounds of the regulation under Article 47 of this Act, the Office assesses and decides whether the applicant meets the requirements for receiving financial support from the Republic of Slovenia.

  2. The decisions issuing from the first paragraph of this Article are valid solely for the current budget-year.

Article 53

The amount of the financial support of the Republic of Slovenia depends on the following criteria:

  • testified role of the applicant and the applicant?s significance in the Slovene community;

  • the range and quality of the applicant?s activities;

  • the dimensions and diversification of the structure;

  • the plan of activities;

  • the actual costs and needs;

  • the urgency of affairs;

  • the symbolic value of a single act, permanent activity or material testimony;

  • the amount of financial support obtained by the applicant from other sources.

Article 54

  1. The beneficiary is obliged to use the financial means as proposed, legally and according to the financial plan presented in the application for financial support and according to the regulations of this Act.

  2. The beneficiaries are obliged to present exact financial reports and proof of the use of financial means to the Office in writing, according to the regulations under Article 47 of this Act.

Article 55

The head of the Office is responsible for the legal and efficient implementation of financial support.

Article 56

The Office must monitor the effective expenditure and collect data on contributions to structures and activities of Slovenes abroad by other state agencies of the Republic of Slovenia.

Article 57

All state agencies of the Republic of Slovenia that in the previous year have granted a share of their budget also to the structures and activities of Slovenes abroad, or projects associated with Slovenes abroad, are obliged to disclose exact data on these expenses to the Office, no later than in April of the current year.

VI. Status of a Slovene Without the Citizenship of the Republic of Slovenia

Article 58

The Republic of Slovenia is the mother country of all Slovenes, therefore also the Slovenes without Slovenian citizenship are entitled to a special status in their territory, which guarantees special rights and advantages.

Article 59

Status of a Slovene without a citizenship of the Republic of Slovenia (hereinafter: status of a Slovene without the Slovene citizenship) can be acquired by those individuals, who:

  • are of Slovene descent (Slovene origin);

  • are active in organisations of Slovenes outside the Republic of Slovenia or are actively connected with the Republic of Slovenia;

  • are not affiliated with societies, political parties and other organisations that oppose the internationally recognised, constitutional and legal rights of Slovenes in neighbouring countries, or work actively against the constitutional disposition of the Republic of Slovenia;

  • are not deprived of the citizenship of the Republic of Slovenia according to the provisions of the law that regulates the citizenship of the Republic of Slovenia.

Article 60

Slovene descent (Slovene origin) is demonstrated with a copy of the birth certificate and other corresponding evidence.

Article 61

It is not necessary for the ancestry of a person seeking the status of a Slovene without the Slovene citizenship to originate from the current territory of the Republic of Slovenia. The ancestry of the person seeking the status, can also originate from territories inhabited by Slovenes in neighbouring countries or Slovene migrants.

Article 62

Minors are also entitled to the status of a Slovene without Slovene citizenship.

Article 63

  1. The applicant submits a claim for the recognition of the status at the embassy of the Republic of Slovenia or at the Office.

  2. The applicant must attach the following to the application:

    • written proof of Slovene descent (Slovene origin);

    • proof of membership and activities in Slovene organizations, or

    • written proof of being connected with the Republic of Slovenia;

    • a statement of not being affiliated with societies, political parties and other organizations that oppose the internationally recognized, constitutional and legal rights of Slovenes in neighbouring countries, or work actively against the constitutional disposition of the Republic of Slovenia.

Article 64

On the first level, the decision upon the acquisition of the status of a Slovene without Slovene citizenship is reached by the Office.

Article 65

  1. The Office issues a Decision on the acquisition or deprivation of the status in accordance with the provisions of the law that regulates the general administrative procedures.

  2. An appeal is allowed against the Decision of the Office, in accordance with the law that regulates the general administrative procedures, in case this Act fails to prescribe different regulations.

  3. The appeal panel, functioning as a senate of three members, processes the appeal against the Decision of the Office.

  4. An administrative dispute is allowed against the final decision of the appeal panel. The affair is precedent and urgent.

Article 66

    1. Any person with the status of a Slovene without Slovene citizenship has the following vested rights in the Republic of Slovenia:

    • a right to advantageous enrolment conditions, determined by the statutes of the institutions of higher education;

    • a right to equal entering of tenders and calls for scientific projects, funded with public means, either as a promoter of the project or a partner in a project;

    • access to all public cultural goods, under conditions equal to those valid for Slovene citizens;

    • access to all public library services, under conditions equal to those valid for Slovene citizens;

    • a right to do research in public archives of the Republic of Slovenia;

    • a possibility to be awarded the status of a regular member of SAZU (Slovene Academy of Science and Arts);

    • a right to be awarded all awards and orders of the Republic of Slovenia;

    • a right of ownership of immovable property under conditions equal to those valid for Slovene citizens;

    • advantage in applying to a job opening ? if fulfilling all the conditions for taking the job ? ahead all other foreigners; foreigners being persons, who are not citizens of the European Member States.

    2. The right of persons with the status of a Slovene without Slovene citizenship in the ninth point of the previous paragraph must be respected by all employers in the Republic of Slovenia.

Article 67

Other rights, advantages and facilities, accessible to persons with the status of a Slovene without Slovene citizenship, which are not listed in this Act, are regulated by departmental laws.

Article 68

The rights listed in this Act can be employed exclusively in the Slovene language.

Article 69

The status of a Slovene without Slovene citizenship is terminated:

  • with death;

  • with naturalisation;

  • with a withdrawal;

  • with a denial

Article 70

  1. A person is deprived of the status of a Slovene without Slovene citizenship, if this person with any activity harms the interests of the Republic of Slovenia or insults its name and its symbols or if the falseness of the stated or ascertained facts in the application is subsequently discovered.

  2. Activities, recognised as harmful for the interests of the Republic of Slovenia are:

    • if a person is affiliated with an organisation, whose activities are pointed towards impairing the constitutional order of the Republic of Slovenia;

    • if a person is a frequent perpetrator of a criminal offence, which are prosecuted by official duty and of violation of public order;

    • if a person as an affiliate of a foreign intelligence office is harmful for the interests of the Republic of Slovenia or if a person is harmful for these interests by working in a state agency or organisation of a foreign country or if a person is harmful for these interests by other acts and activities.

VII. Repatriation

Article 71

  1. Repatriation in this Act means all immigration of Slovenes to their homeland that is organised and financed by the Republic of Slovenia.

  2. Repatriation in the previous paragraph is conducted in accordance with the regulations on entrance, residence and exit of foreigners in the Republic of Slovenia, if the provisions of this Act do not regulate this differently.

  3. Besides repatriation in this sense, the Republic of Slovenia also supports other forms of immigration and returning of Slovene migrants and their descendants.

  4. The ways of support from the previous paragraph are regulated by departmental laws.

Article 72

  1. According to the procedures of repatriation, Slovenes can return to the Republic of Slovenia: from those states, where it is ascertained that they are in severe economic and political crisis, where Slovenes are subject to various pressures; if they can contribute to the development and promotion of the Republic of Slovenia.

  2. The Ministry of Foreign Affairs determines when a crisis in a certain country can be defined as a severe political or other crisis, is in the competence of the ministry responsible for foreign affairs.

Article 73

Repatriation in the sense of the first paragraph of the previous Article of this Act is financed from the budget and other sources.

Article 74

The Office must directly conduct repatriation, except in the affairs under Article 83 and 84 of this Act.

Article 75

An individual, who wishes to move to Slovenia or be granted support in the sense of this Act, files an application at the Office or a nearby embassy of the Republic of Slovenia and submits recommendations of relevant organizations and institutions.

Article 76

  1. The Decision on the status of a repatriated person is issued by the Office.

  2. The Decision in the previous paragraph is handed to persons abroad in accordance with the provisions of the law that regulates the general administrative procedures.

  3. The Decision on the status of a repatriated person and the vested rights and duties become effective with the coming of the person to the Republic of Slovenia.

  4. The formal finality of the Decision, which grants the applicant the status of repatriated person, is valid as a temporary residence permit in the Republic of Slovenia.

  5. The status of a repatriated person can be no longer than 15 months. After this period, the person cannot apply for this status again.

Article 77

  1. A person, allowed to move to Slovenia as a repatriated subject, acquires the status of a repatriated person with the vested rights listed under Article 66.of this Act.

  2. In addition to the rights, listed under Article 66, the repatriated person also has a right to:

    • free medical care;

    • lectures in Slovene language for the close family members.The lectures are organised for persons who are not familiar with Slovene language to the extent necessary for an active integration in the Slovene environment.

    • acquire a personal working permit, on the grounds of a formal finality of the Decision on the status of a repatriated person, issued by the Employment Service of the Republic of Slovenia.

  3. In this Act, the following persons are recognised as close family members:

    • spouse or partner, if they entered marriage or cohabitation before coming to the Republic of Slovenia;

    • underage unmarried child;

    • linear relative of the repatriated person, if this relative has no income, is dependant on the repatriated person or is supported by the repatriated person.

  4. The family relationship has to be proven by close family members with a suitable certificate or other proper document that can verify this relationship or where this relationship is demonstrated.

A.Conditions

Article 78

  1. The entitlement of individuals to repatriation is decided on by the Office on the grounds of opinions and suggestions of the embassies of the Republic of Slovenia, Slovene migrant organisations in Slovenia and abroad; Slovene Roman-Catholic missions and missions of other religious groups.

  2. Following the procedures of repatriation, persons of Slovene descent can move to the Republic of Slovenia, if they fulfil the conditions under Article 59 of this Act and have not been in a criminal procedure, not been convicted to a penalty of conviction for a period longer than one year for an offence for which a person is prosecuted by official duty, if this is a criminal offence both in the laws of the country of the person?s residence as well as in the law of the Republic of Slovenia.

  3. The applicant demonstrates that they meet the conditions of the previous paragraph, as at is stated in Article 60 of this act and with the recommendations of the embassies of the Republic of Slovenia, Slovene Roman-Catholic missions and missions of other religious groups. The fulfillment of the condition of non-criminal prosecution from the second paragraph of this Article is demonstrated by the applicant with a certificate from the country where the person is a citizen, or other proper documents.

Article 79

  1. For accommodating repatriated persons, the Government of the Republic of Slovenia can establish an immigrant-home.

  2. In the establishment act, the Government of the Republic of Slovenia can determine the operator of the immigrant-home and its financing.

Article 80

  1. Repatriated persons in the immigrant-home, in accordance with the standards, prescribed the basic care in accordance with the standards, defined by the minister of work, family and social affairs, are guaranteed the basic supplies, including:

    • housing

    • nutrition.

  2. Close family members of the person with the status of a repatriated individual have the opportunity to be granted housing and nutrition.

Article 81

  1. Repatriated persons, who have significant resources available to them, contribute a relative part of the supply-costs.

  2. The criteria for Decisions on whether own resources can be defined as significant, are determined by the Ministry of Labour, Family and Social Affairs.

Article 82

  1. Repatriated persons are entitled to accommodation in the immigrant-home for a period of no longer than 15 months.

  2. Repatriated persons who do not reside in the immigrant-home are also entitled to co-financing under equal conditions.

Article 83

  1. Until the cessation of their status, individuals with the status of a repatriated person and their close family members are entitled to free medical care with the same coverage that is provided to citizens of the Republic of Slovenia on the basis of the mandatory health insurance.

  2. The costs of free medical care from the previous paragraph of this Article are covered by the Health Insurance Institute of Slovenia.

  3. The sources of funds, determined by Article 73 of this act, will reimburse the expenditures of the Health Insurance Institute of Slovenia, caused by guaranteeing the free medical care from the first and second paragraph.

Article 84

  1. Repatriated persons that are without income and other benefits and are not family members of persons who are in accordance with regulations of the Republic of Slovenia, who would be liable and able to support them, are entitled to cash social assistance.

  2. As income and other benefits from the previous paragraph will be such benefits and income which are taken into account when assessing eligibility for cash social assistance according to the social security regulations.

  3. According to this act, when assessing eligibility for cash social assistance, the basic minimum income, defined by the regulations of social welfare and income, assessed by the methods, determined for assessing eligibility for cash social welfare according to the regulations of social welfare are considered, unless otherwise provided herein.

  4. The amount of cash social assistance, the criteria and the claim for cash social assistance are specified in accordance with regulations, prescribing temporary protection for displaced persons, unless otherwise provided herein.

  5. The Centre for Social Work located where the repatriated person is residing, decides on the right of this person to receive financial assistance.

  6. The proceedings for granting financial assistance are initiated at the request of the repatriated person.

  7. The claim for financial assistance is submitted on a form, prescribed by the minister for social welfare.

  8. The right to financial assistance from the first paragraph of this Article is pending while the repatriated person is without income, but no longer than 15 months.

  9. Repatriated person loses the right to financial assistance by becoming employed in the Republic of Slovenia.

  10. The funds for temporary financial assistance are drawn on sources, described under Article 73 of this act.

Article 85

  1. The Republic of Slovenia grants older repatriated persons, who have significantly contributed to the perseverance and development of Slovene-hood and Slovene culture abroad, with special sustainable financial assistance.

  2. Special sustainable financial assistance is also granted by the Republic of Slovenia to teachers of extra-curricula lectures of Slovene language, who have not received payment for their teaching.

  3. More specified criteria for granting sustainable financial assistance and the amounts of financial assistance are determined with a regulation of the Government.

Article 86

  1. Individuals who have gained qualifications as scientific experts by their practice abroad, need not pass any proficiency or other examinations in Slovenia prior to becoming employed.

  2. The provision of the previous paragraph of this Article does not apply to proficiency and other examinations for specific skills and competences, which require a detailed understanding of the context of the Republic of Slovenia (such as legal practice etc.)

  3. The Ministry of Higher Education, Science and Technology determines the criteria for recognition of the status of a scientific expert, determines proficiency and other examinations from the previous paragraph of this Article and on the grounds of a proposition by the Office, delivers a provisional obligatory opinion on the existence of the criteria for the named repatriated persons.

Article 87

Repatriated persons can declare a temporary residence at the address of a rented real estate, with relatives who allow this, at charity institutions, migrant organizations or in the immigrants-home.

VII. Collecting Personal Data and Protection of Personal Data

Article 88

  1. Due to record-keeping, condition monitoring and making decisions on rights and duties, defined by this act, the Office collects personal and other data related to granting the status of a Slovene without the Slovene citizenship, to repatriation and the media communication. The data is retrieved directly from the relevant persons, from embassies of the Republic of Slovenia, Slovene migrants? organisations in Slovenia and abroad, Slovene Roman-Catholic missions and missions of other religious communities, local self-government units, bearers of public authority and other subjects of public law.

  2. Agencies in the previous paragraph of this Article, with the exception of Slovene Roman-Catholic missions and missions of other religious communities, have the duty to provide the Office at its request with the data, free of charge.

  3. The Office acquires personal data that is at the disposal of the Slovene Roman-Catholic missions and missions of other religious communities by agreeing on the forms of transmitting the personal data. Personal data is disclosed to the Office after receiving the written consent of the persons in question.

  4. The Office collects, processes, manages, discloses and saves personal and other data, necessary to perform the functions of the Office, as defined by this act, in accordance with the regulations related to the protection of personal data and international conventions on the protection of personal data.

Article 89

The register of records kept on persons who have acquired the status of a Slovene without Slovene citizenship, consists of the following data:

  • name and surname;

  • date and place of birth;

  • permanent residence address (domicile) and/or temporary residence address;

  • telephone number, electronic address;

  • level of completed education, profession (if the person gives written consent);

  • citizenship;

  • number and type of passport;

  • date of cessation of the status of a Slovene without the Slovene citizenship;

  • other information that is necessary for deciding on granting the status according to this act.

Article 90

The register of records kept on persons who have acquired the status of a repatriated person, consists of the following data:

  • name and surname;

  • date and place of birth;

  • date of entry to the Republic of Slovenia;

  • data on employment, income and other benefits of the repatriated person, for the needs of determining the person's accommodation;

  • temporary residence address in the Republic of Slovenia;

  • type and address of the last permanent address prior to arrival to the Republic of Slovenia;

  • telephone number, electronic address;

  • level of completed education, profession (if the person gives written consent);

  • citizenship;

  • number and type of passport;

  • reasons for becoming a repatriated person;

  • data on social benefits during the person?s stay in Slovenia;

  • names, surnames and temporary addresses of close family members of the repatriated person in the Republic of Slovenia;

  • schooling, language training and education, and education completed in the Republic of Slovenia.

Article 91

  1. The Office can, for the purposes of media communication or public communication on the operating of the Office, process the list of subscribers of the central magazine for Slovenes abroad.

  2. The list of subscribers from the previous paragraph consists of the following data:

    • name and surname of the subscriber;

    • date and place of birth of the subscriber;

    • permanent residence address (domicile) and temporary residence address of the subscriber;

    • telephone number, electronic address of the subscriber;

    • transactions account or other bank account number of the subscriber;

    • tax identification number or other relevant number of the subscriber;

    • data on family members of the subscriber from previous indents.

  3. The Office obtains the data from the previous paragraph directly from the subscribers, and also from the applicants for the status of a Slovene without a citizenship in case of their written consent. To obtain written consent, the Office may use the data from Article 89 of this act.

  4. The Office keeps the data from the second paragraph of this paragraph permanently. For the purposes of statistical research, the data may be used also without the written consent of subscribers.

Article 92

  1. Personal data in the records intended for granting the status of a Slovene without the status of the Slovene citizenship, are kept for another five years after death, withdrawal or cessation of the status of the relevant person.

  2. Personal data in the records intended for repatriation, are kept for another five years after the cessation of the status of a repatriated person.

  3. After expiration of the period from the first and second paragraph of this Article, the data is kept in the Archives of the Republic of Slovenia.

VIII. Penal Provisions

Article 93

  1. Legal persons or entrepreneurs, who do not complete the requirements of the ninth indent of Article 66 in this act, are penalized with a fine of 500,000 to 1,000,000 SIT (Slovene Tolars).

  2. The person responsible for the legal person or entrepreneur from the previous paragraph is penalized with a fine of 200,000 to 500,000 SIT.

  3. A person responsible for a state agency or local self-government unit is penalized for the violation of the first paragraph of this Article with a fine of 200,000 to 500,000 SIT.

  4. An individual person is penalized for the violation from the first paragraph of this Article with a fine of 100,000 to 200,000 SIT.

Article 94

  1. The implementation and the monitoring of implementation of the regulations of the ninth indent of Article 66 of this Act are under the responsibility of the Slovenian Labor Inspectorate.

  2. The agency from the previous paragraph of this Article may pass a fine for the violations according to this Act, in the jurisdiction regulated by this Act.

IX. Transitory and Final Conditions

Article 95

The strategy of Article 12 of this act is developed and adopted by the Government of the Republic of Slovenia no later than 2 years after this Act was passed.

Article 96

Other executive regulations that must be issued on the grounds of this act, are issued no later than in 12 months from the effectiveness of this act.

Article 97

Until an immigrant-home is established, the agency competent for repatriation, utilizes appropriate rooms in various premises, owned by ministries, offices and other state institutions.

Article 98

On the date of the effectiveness of this Act, the validity of the Decision on Organization and Field of work of The Office for Slovenes abroad (The Official Journal of the Republic of Slovenia, no. 138/04) ceases.

Article 99

The second sentence of the first paragraph of Article 14 of this Act takes effect with the beginning of the next mandate.

Article 100

This Act becomes effective on the 15th day after the publication in the Official Journal of the Republic of Slovenia.

No. 007-05/04-7/3

In Ljubljana, on April 4th 2005

EPA 473-IV

France Cukjati, M.D.

Chairman Of the National Assembly of the Republic of Slovenia

Source: Mercator Legislation, Bulletin No. 66, II Quarter 2006 http://www.ciemen.org/mercator/index-gb.htm

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