The central theme of the Master's thesis on the procedural analysis of the employment of foreigners as a topic between the protection of public interest and the removal of administrative barriers (RAB) is the expert analysis of literature on the employment of foreigners, in conjunction with the study of administrative practice, complementary sources, and a case study of the statistics of Ljubljana administrative unit from 2016 to 2020.
Every procedural analysis determines how rights and legal benefits are enforced. The Foreigners Act (ZTuj-2) is no different, addressing the procedural position of the foreigner. The Master's thesis explores the position of a foreigner employed in the Republic of Slovenia. Specifically, it covers the steps from before entry into Slovenia to issuing the single permit and the legal remedies, rights, and obligations of the foreigner, the employer, and the official person. When we talk about the foreigners' procedural position under the current law in relation to the validity of the previous ZTuj-2, the state's public interest comes into question. What does the state gain by issuing a permit or lose by restricting it so that there are no systemic problems with foreigners? Research clearly shows an increase in the employment of foreigners in the Republic of Slovenia, especially in construction, tourism, and catering. The Slovenian market is too small for healthy competition that would offer employers relevant Slovenian staff. An additional reason is the highly educated younger Slovenian population.
As regards the RAB, the legislator wanted to shorten the procedure by merging separate procedures at the administrative unit and the Employment Service of the Republic of Slovenia, but a procedural analysis has shown that the opposite is true. In practice, issuing single permits has not achieved its original purpose.
I have been working with foreign legislation since 2008, and this field has always been constantly adjusting to the migration flow. Also, the demand on the labor market is not only an economic need. It is not only the foreigner that creates the demand but his entire family, waiting for the single permit to be issued and salary to start coming. However, it is important to realize that the last two years have seen much less demand and supply on the labor market due to the COVID-19 pandemic and now the war in Ukraine.
The empirical part of the Master's thesis is divided into administrative statistics of the Ljubljana administrative unit from 2016 to 2020. The second part is a review of the case law of the UPRS, a review of the case law of other courts, and a study of the analysis of other judgments against formal and substantive assumptions. The enactment of the Foreigners Act (ZTuj-2)'s new provisions has eliminated some of the shortcomings of the previous law but created new ones. It also has by no means eliminated the equality of treatment of foreigners in all articles of the ZTuj-2. The regulation between them is still specific. In some cases, no appeal is allowed, which is constitutionally incompatible and an unjustified interference in the general administrative procedure. The violation of the party's right to appeal as an administrative specificity is not a legitimate reason for such specific regulation of the ZTuj-2's administrative procedure.
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