Rights enforced at different authorities by citizens and foreigners are based on the
registered permanent place of residence. Aspirations to have an updated and precise
Permanent Population Register, deficiencies in enforcing provisions of the Residence
Registration Act and, consequently, fraus legis of the permanent residence and shared
household of individuals when exercising these rights led to the adoption of a new act,
which brought many changes for citizens and foreigners holding a permit to reside in the
Republic of Slovenia.
The objectives of the master’s thesis are to analyse the changes brought by the new
Residence Registration Act and to analyse the administrative procedure of identifying
residence on the basis of the use of the General Administration Act with the purpose to
establish whether deficiencies were eliminated with the new act. Based on data analysis it
is established that the Residence Registration Act pursues the fundamental purpose of
ensuring precise and updated records with the reduction of notional applications. On the
basis of the performed international comparison it is evident that, in relation to the
changes in legislation in the field of residence registration, Slovenia followed the example
of Austria, whereas the regulation in Finland is stressed as an example of good practice.
By the analysis of collected data, the actual number of decisions on the termination of
permanent residence (i.e. the extreme measure that should be used when it is impossible
to determine the actual address of an individual) was established. In such cases, the
uselessness of conducting the procedure is evident after the procedure is concluded as an
individual often registers the same address where the registration of his permanent
residence ended on the basis of the decision issued by the administrative unit. The study
of surveyed municipalities points to inefficient and time-consuming administrative
procedures as it is difficult to acquire evidence. In spite of all this it is established that
administrative units conduct the procedures to establish place of residence within
reasonable time.
|
