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Return Migration: Policies and Practices
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
Geneva Convention of 1951 and the New York Protocol of 1967, to which Slovenia became
party on 6 July 1992 by succession from the Former Yugoslavia;
Constitution of the Republic of Slovenia (Official Gazette of the RS, No. 33/91);
Aliens Act (Official Gazette of the RS, No. 61/99) and Act Amending Aliens Act (Official
Gazette of the RS, No. 87/2001);
Asylum Act (Official Gazette of the RS, No. 61/99) and Act Amending Asylum Act (Official
Gazette of the RS, No. 113/2000) and the implementing rules as adopted in September 2002
– the integration decree is still pending;
Law on Temporary Refuge (Official Gazette of the RS, No. 20/97, No. 67/2002).
Illegal Entry
Persons entering Slovenia illegally may be fined and subsequently served an expulsion order.
According to Article 47, migrants residing illegally in Slovenia must leave the country immediately
or by a time designated by the Ministry of Interior. Migrants entering Slovenia illegally or
residing unlawfully on the territory of Slovenia shall be deported.
[Whereas, a] n alien who has filed an application for an extension of his residence permit or for
a further permit in due time shall be permitted to remain in the country until his application has
been decided upon, and shall be issued with a special receipt, which shall serve as a permit for
temporary residence until the application has been decided upon.
The deadline to leave the country must be determined in accordance with the alien’s situation
but must not exceed a period of three months.
The Aliens Act stipulates under Article 99 that persons who assist illegal entry or reside illegally
on the territory of Slovenia may be fined between SIT 50,000 (EUR 210,000) and SIT 100,000
(EUR 420,000) for minor offences.
Article 249 of the Penal Code prohibits the engagement and payment of third persons assisting
in irregular border crossings, or even attempts thereof.
The Slovenian Constitution and legislation include no specific articles on trafficking in human
beings. Following a recommendation by the Committee on the Elimination of Discrimination
Against Women, the Slovenian government planned to amend the Penal Code by end 2003 to
include an article on trafficking as a punishable crime. Proposals have included criminal prosecution
for enslavement, the use of force, threat or deception, and smuggling for the purposes of
sexual exploitation.
In addition, Slovenia has adopted and ratified a number of international instruments on trafficking,
and applies the provisions of a number of international human rights instruments such as:
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