Catalogue of Rights of Mobile EU Citizens in Slovenia
1) ELECTORAL RIGHTS OF MOBILE EU CITIZENS
According to the National Assembly Election Act and Presidential Election Act, mobile EU citizens are excluded from national elections, but can vote and be voted in both local elections (but can’t stand as candidates for mayors) and local referenda according to the Article 5 of the Local Elections Act. The latter was amended on 25 October 2012 and broadened the right of those mobile EU citizens that do not have permanent residency to vote at the municipal elections (registration is not needed as mobile EU citizens are automatically considered as voters). Furthermore, mobile EU citizens have the right to vote and be voted on the European elections according to the Article 10 of the Election of Slovenian Members to the European Parliament Act. The registration for the latter is not automatic, but done upon request of the voter. When approved, the registration is automatically renewed as long as they meet the conditions.
Local Elections Act (1994), Article 5, (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO308),
Elections of Members of the European Parliament Act (2002), Article 10, (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO3401).
2) HEALTH INSURANCE OF MOBILE EU CITIZENS
According to the Health Care and Health Insurance Act, mobile EU citizens who are employed in Slovenia are registered by their employer within the Health Insurance Institute of Slovenia (Zavod za zdravstveno zavarovanje Slovenije – ZZZS). Based on such registration, mobile EU citizen will receive a Slovenian health insurance card, which allows him to acquire medical services from medical practitioners and dentists in public health care institutions, as well as from private medical practitioners having contractual agreements with the ZZZS. If mobile EU citizens’ health insurance is arranged in another country while his/her permanent residence is in Slovenia, they may access health care services in accordance with the EU’s acquis, based on the health insurance certificate issued by the competent health insurance holder in his/her country of origin. If mobile EU citizen is studying in Slovenia, they use their European health insurance card (EHIC) to claim emergency or necessary medical services.
Health Care and Health Insurance Act (1992), Article 15 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO213); http://www.zzzs.si/indexeng.html
3) SOCIAL SECURITY RIGHTS OF MOBILE EU CITIZENS (FAMILY)
According to the Exercise of Rights from Public Funds Act and Parental Protection and Family Benefits Act, mobile EU citizens have the right to claim child benefit, parental allowance, childbirth allowance, large family allowance, child care allowance and partial payment for loss of earnings.
- Child benefit – one of the parents or the guardian of the child is entitled to it. The child must be below 18 years of age and have (permanent or temporary) residence in Slovenia. Income for the family member may not exceed 1.034,14 EUR (January 2020).
- Parental allowance – is a right which lasts for 365 days following the birth of a child, where both the mother and child must be permanent residents of Slovenia and be currently residing in Slovenia. Eligible recipients of the parental allowance are students and unemployed mothers. Parental allowance per child is 258,09 EUR per month.
- Childbirth allowance – is a one-off payment intended for the purchase of required items for the new-born. This right is valid for mobile EU citizens with permanent residence in Slovenia, for whom the average monthly income for the family may not exceed 64% of the average monthly salary in Slovenia.
- Large family allowance – annual payment intended for families with three or more children under 18 years of age for mobile EU citizens with permanent residence in Slovenia.
- Child care allowance – can be accessed by one of the parents or guardians for a child requiring special care if the child has permanent residence in Slovenia and resides in Slovenia.
- Partial payment for loss of earning – right for one of the parents who are stopping employment or beginning reduced worked hours as a result of caring for a child with a serious mental developmental disorder or physical impairment.
Exercise of Rights from Public Funds Act (2010), Article 7 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4780);
Parental Protection and Family Benefits Act (2014), Articles 62, 64, 65, 66, 68, 69, 70, 77, 79, 83 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6688)
4) SOCIAL SECURITY RIGHTS OF MOBILE EU CITIZENS (SOCIAL ASSISTANCE)
According to the Social Assistance Benefits Act, mobile EU citizens have the right to claim social assistance, income support, bereavement payment and funeral payment. The general conditions for receiving social assistance and income support are permanent residence in Slovenia.
- Social assistance – can be assessed by persons who are not able to ensure their own survival and are unable to assure means for the minimal income for themselves and their family.
- Income support – can be assessed by persons who are permanently unemployable or unable to work (women over 63 and men over 65).
- Bereavement payment – can be assessed on the day of death if mobile EU citizens would be entitled to social assistance or income support or if their income does not exceed the legally allowed threshold (606 EUR for individual or 909 EUR for a family).
- Funeral payment – can be assessed if the mobile EU citizen would be buried in Slovenia and would, on the day of the funeral, be entitled to social assistance or income support or their income does not exceed the legally allowed threshold (606 EUR for individual or 909 EUR for a family).
SOURCE: Social Assistance Benefits Act (2010/2012), Articles 6, 7, 34a, 34b, 49 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5609)
5) SOCIAL SECURITY RIGHTS OF MOBILE EU CITIZENS (UNEMPLOYMENT)
According to Labor Market Regulation Act, mobile EU citizens have the right to access the unemployment benefit if the unemployment was not a result of their own fault. If mobile EU citizens are unemployed, and want to access the unemployment benefits, they should be insured for at least 9 months in the previous 2 years prior to unemployment (or at least 6 months in the last 2 years if they are under 30) and have submitted a request for unemployment benefit within 30 days of unemployment arising. The length of benefit payment depends on the previous insurance period and lasts from minimum 2 months to maximum 25 months.
SOURCE: Labor Market Regulation Act (2010/2011), Articles 60, 62, 65, 119 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5840#)
6) ACCESS TO EDUCATION FOR MOBILE EU CITIZENS' CHILDREN
According to the Foreigners Act, Rules on the Programmes for integration of Foreigners and Rules on Slovenian language courses for secondary school students, mobile EU citizens do not only have the right to education, but also the right to participate in Slovene language courses. If you are a mobile EU citizen that moved to Slovenia for work, your children are entitled to attend school under the same conditions as national of that country in a class with their own age group at the equivalent level to their class in their country of origin – regardless of their language level.
Rules on the Programmes for Integration of Foreigners (2009/2013), Articles 3, 4, 5 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV9623),
Rules on Slovenian language courses for secondary school students (2018), Article 3 and 4 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV13433), Foreigners Act (2011), Articles 31, 32, 33, 44 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO5761&d-49683-p=3)
7) RIGHT TO HABITUAL RESIDENCE FOR MOBILE EU CITIZENS
According to Residence Registration Act, mobile EU citizens have the right to arrange habitual residence as temporary or permanent. The difference between them takes into account 1 year of residence at an address, which is current as well as intended for the future. The form of residence is important in obtaining rights to social security. If mobile EU citizens have permanent residence, they can access to all social benefits. If mobile EU citizens have temporary residence, they can only access to family allowance, child benefits, right to parental care and unemployment benefit, which are connected to paid contributions. The application for a residence registration certificate can be submitted after the three months have passes or immediately after arrival, if mobile EU citizen knows that he or she will stay longer than three months in Slovenia. In case of that, mobile EU citizens’ needs:
- proof of employment in Slovenia;
- proof of self-employment in Slovenia;
- a proof of admission from a Slovenian university or other form of education institution;
- proof of family reunion.
SOURCE: Residence Registration Act (2016/2017), Article 10, 13, 18 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6046)
8) RIGHT TO WORK FOR MOBILE EU CITIZENS
According to Employment and Work of Foreigners Act, mobile EU citizens do not need a work permit to be able to work in Slovenia. He or she can either employ or self-employ, as long as his or her employer is functioning within the Slovenian legislative framework. From 29 June 2018, Croatian mobile EU citizens also do not need a work permit in order to work in Slovenia.
Employment and Work of Foreigners Act (2011/2015), Articles 9, 10, 21 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6002),
Employment Service of Slovenia (https://www.ess.gov.si/za_medije/sporocila_za_javnost/zaposlovanje-hrvaskih-drzavljanov-brez-omejitev).
9) RIGHT TO NATIONAL SCHOLARSHIPS FOR MOBILE EU CITIZENS
According to the Scholarship Act, mobile EU citizens with permanent residence have the right to access to the national scholarships. This right is not only granted to them, but also to their children, if they are enrolled in school year before their 22nd birthday. Scholarship Act differentiates between two types of scholarships, namely:
- National scholarship – it is granted to children and students who are enrolled in school and come from socially-weaker background.
- Zois scholarship – state merit scholarships for gifted children regardless of their background.
If scholarships are granted, mobile EU citizens have the right to financial supplementation for residing 25 km outside the place of their schooling area and financial supplementation for success (marks above 4.0 on the high school level and above 8.00 on the university level).
Scholarship Act (2013/2014), Articles 8, 9, 11, 17 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO6571&d-49683-s=1&d-49683-p=1&d-49683-o=2) ,
Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia ( http://www.sklad-kadri.si/en/scholarships)
10) RIGHT TO ESTABLISH AND PARTICIPATE IN ASSOCIATIONS FOR MOBILE EU CITIZENS
According to the Societies Act, mobile EU citizens have the right to both fully participate and establish an association if he or she has at least two other co-founders. If mobile EU citizen wants to establish association, he or she must bear in mind that the name of the association has to be in Slovenian language. Furthermore, mobile EU citizen can be the president of the association.
SOURCE: Societies Act, Articles 2, 3, 5, 8, 10 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4242)
11) RIGHT TO MEMBERSHIP IN THE POLITICAL PARTIES FOR MOBILE EU CITIZENS
According to the Political Parties Act, mobile EU citizen can become a member of the political party according to the rules and stipulations of their respective statute. In line with this, mobile EU citizens can participate at the local and the EU level, when the elections take place. It is important to note that mobile EU citizens cannot establish their own party as this right is reserved only for the Slovenian nationals.
SOURCE: Political Parties Act, Articles 3, 4, 5, 6 (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO359)
12) RIGHT TO FREE MOVEMENT FOR MOBILE EU CITIZENS
According to the Slovenian Constitution, mobile EU citizens have the right to move freely and to choose a residence, to leave Slovenia and to return to Slovenia at any time. This right may be restricted by law, but only if necessary to ensure the course of criminal proceedings, to prevent the spread of infectious diseases, to safeguard public order, or where the interests of the defense of the Slovenia requires so.
SOURCE: Slovenian Constitution, Article 32 (https://www.us-rs.si/en/about-the-court/legal-basis/constitution/)
13) INHERITANCE RIGHTS FOR MOBILE EU CITIZENS
According to the Inheritance Act, mobile EU citizens in Slovenia have the same inheritance rights as citizens of the Republic of Slovenia. When a family member dies abroad, the inheritance may be passed to the heirs at:
- a court in the EU country where the decedent last lived.
- notary public in any EU country.
In a legacy proceeding, the authority will normally apply the national law of Slovenia if the deceased last lived there – unless the decedent has already chosen the law of his or her home country.
14) FREEDOM OF EXPRESSION FOR MOBILE EU CITIZENS
According to the Slovenian Constitution, freedom of expression of thought, of speech and public speaking, the press and other forms of public information and expression are guaranteed for mobile EU citizens. Mobile EU citizens have the right to obtain information of public nature for which he or she has legitimate interest in.
SOURCE: Slovenian Constitution, Article 39 (https://www.us-rs.si/en/about-the-court/legal-basis/constitution/)
15) FREEDOM OF BELIEF AND RELIGION FOR MOBILE EU CITIZENS
According to the Freedom of Religion Act, mobile EU citizens have the right to free belief and religion in private and public life. Mobile EU citizens are not obliged to express his or her beliefs. Furthermore, parents have the right to provide religious and moral education to their children in accordance with their beliefs.
SOURCE: Articles 2 and 3 (2007) (http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4008)
16) NON-DISCRIMINATION PRINCIPLE FOR MOBILE EU CITIZENSS
According to the Protection Against Discrimination Act, mobile EU citizens are protected against discrimination regardless of gender, nationality, race or ethnic origin, religion and belief, age, sexual orientation, gender identity, disability and social status, property, education or any other personal circumstance in various fields of social life.
SOURCE: Protection Against Discrimination Act (2016), Articles 1, 3, 4 and 5 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7273)
17) ACCESS TO JUSTICE AND EQUAL PROTECTION OF RIGHTS FOR MOBILE EU CITIZENS
According to the Slovenian Constitution, mobile EU citizens are guaranteed equal protection of their rights in proceedings before the court and other state authorities, local authorities and holders of public authorities that decide on their rights, duties and legal interests. They have the right for their rights, duties and charges to be decided, without undue delay in front of an independent, impartial and statutory court.
SOURCE: Slovenian Constitution, Articles 22, 23 (https://www.us-rs.si/en/about-the-court/legal-basis/constitution/)
18) DRIVING LICENCE AND CAR INSURANCE POLICY RIGHTS OF MOBILE EU CITIZENS
If mobile EU citizens’ driving license has been issued in his or her country of origin, they can use it in Slovenia. If you injure another person in a car accident, the car insurance policy mobile EU citizen has taken out in his or her home insurance company, is valid throughout in the EU. When mobile EU citizens’ driving license expires, and he or she has moved to another EU country, they must apply for the extension in the country of their habitual residence (i.e. spend at least 185 days there in a calendar year).
SOURCE: Drivers Act (2016/2017), Article 66 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7164)
19) RIGHT TO ESTABLISH A COMPANY FOR MOBILE EU CITIZENS
According to the Companies Act, mobile EU citizens can establish a company if they have 7500 EUR for the registration and initial capital of his or her (new) company. In order to register their company, they have to possess:
- their identification document (Passport).
- Slovenian tax code (Certificate of Tax Number or the Social Security Number – EMŠO).
SOURCES: Companies Act (2006), Articles 2, 4, 5, 10 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4291) , E-VEM (http://www.evem.si/tujci/)
20) RIGHT TO A BASIC BANK ACCOUNT FOR MOBILE EU CITIZENS
According to the Payment Services, Services for Issuing Electronic Money and Payment Systems Act, mobile EU citizens have the right to a basic bank account in Slovenia. Under this Act, each and every mobile EU citizen, even without a permanent residency. This right can only be restricted if opening of the account would lead to a violation of the provisions of the law governing the prevention of money laundering and terrorist financing.
SOURCE: Payment Services, Services for Issuing Electronic Money and Payment Systems Act (2018), Articles 2, 3, 168, 181 and 182 (http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7574I