Slovenia - Decision of the Constitutional Court of 4 February 1999 (Case U-I-284/94)

Court name: Constitutional Court of the Republic of Slovenia
State: Slovenia
Date of decision:
Legal instruments: 1997 European Convention on Nationality, European Convention on Human Rights (ECHR), International Covenant on Civil and Political Rights (ICCPR), Other international law
Key aspects: Acquisition of nationality, Deportation and removal, Determination/confirmation of nationality, Discrimination, Residence permit, Rights of non-citizens, State succession, Stateless status and documentation

In 1991, Slovenia gained its independence. Subsequently, legal issues arose concerning the legal status of nationals from other republics of the Socialist Federal Republic of Yugoslavia (SFRY) who were lawfully and permanently residing in Slovenia during this transition. They could, up to a certain date, choose to apply for Slovenian nationality. If they did not apply or if their application was rejected, the newly passed Law on Foreigners (ZTuj) would apply to them in accordance with Article 81(2) of ZTuj. However, for those nationals of other SFRY republics that did not opt for Slovenian nationality or whose application was rejected, this law failed to define the conditions for obtaining permanent residence. These individuals found themselves in a legal vacuum, leading to uncertainty and challenges regarding their legal status, facing possible deportation and limited access to essential services. In this decision, the Constitutional Court of Slovenia declared that Article 81(2) of ZTuj was unconstitutional as it had not outlined the conditions for acquiring permanent residence for this specific group of individuals.

Belgium - Brussels Court of Appeal, judgment 2014/7124

Court name: Brussels Court of Appeal
State: Belgium
Date of decision:
Legal instruments: 1954 Statelessness Convention, 1961 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Access to social and economic rights, Burden of proof, Country of return, Discrimination, Protection, Residence permit, Standard of proof, State succession, Stateless status and documentation, Statelessness and asylum, Statelessness determination

The judgment relies on earlier Constitutional Court judgments that have established that stateless persons who lost their nationality involuntarily and demonstrated that they do not have the right to permanent legal residence elsewhere should get residence rights in Belgium on an equal footing with refugees, and that the necessary national legislation is lacking to give effect to such rights. The applicant has a criminal record and was denied residence rights on that basis, but the Court ruled that criminal convictions are irrelevant for his residence rights, and ordered authorities to regularise his residence until new legislation comes to force that regulates the stateless persons' right to residence.