Case No. 26828/06

Judgment date: 13/07/10

Before 25 June 1991, the day Slovenia declared independence, the applicants were citizens of both the Socialist Federal Republic of Yugoslavia (SFRY) and one of its constituent republics other than Slovenia. They had permanent resident status in Slovenia as SFRY citizens. Following independence, the applicants became subject to the Aliens Act and their names were ‘erased’ from the Register of Permanent Residents. The applicants alleged that they were not notified of their removal from the Register and were not therefore in a position to apply for citizenship within the six-month time limit allowed by the Citizenship Act. After 26 February 1992 those who had not applied for citizenship became aliens. Some of the applicants were also unable to acquire citizenship of any other former SFRY state and have become, de facto, stateless persons. The applicants claimed that Slovenia had breached Arts. 8 (right to respect for private life), 13 (right to an effective remedy) and 14 (prohibition of discrimination) ECHR as they had been denied permanent residence or citizenship and that Slovenia had failed to adopt appropriate legislative measures to regulate the legal status of the ‘erased’.

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