Against the Revocation of Voting Rights for Third-Country Nationals

The project is responding to an immediate legislative threat to the democratic rights of thousands of third-country nationals permanently residing in Slovenia through its action titled “Against the Revocation of Voting Rights for Third-Country Nationals.” The proposed amendments to the Local Elections Act would, without justification and just before the local elections, deprive third country nationals of a right they have enjoyed for nearly a quarter of a century. Over the next three months, we will conduct an in-depth constitutional analysis with an international law comparison, file a motion for a constitutional review or an amicus curiae brief, reach at least 25,000 views through digital communications, and address the communities of affected citizens and the broader public through direct correspondence. The campaign targets three key groups: affected third-country nationals with permanent residence in Slovenia, the broader interested public, and legal and political decision-makers.

Through this rapid response action, the Open Institute for the Culture of Diversity aims to achieve three key objectives: (1) to directly influence the legislative process on the basis of an in-depth legal analysis and explore possibilities for constitutional protection; (2) to provide third-country nationals with permanent residence in Slovenia and the wider public with an accessible and legally accurate explanation of the significance and consequences of the proposed amendment; and (3) to strengthen civil society resilience by providing knowledge, information, and tools for effectively responding to such legislative interventions.

These objectives will be achieved through: an in-depth constitutional analysis of the proposed ZLV-M amendment and a comparative legal review of voting rights of third-country nationals in selected EU countries and beyond (e.g. Germany, Austria, the United Kingdom, and Scandinavian countries); participation in legal proceedings; and informing the public.

Under Result/Outcome 1, activities will be implemented that will contribute to strengthening the expertise and credibility of the Open Institute for the Culture of Diversity and the Legal Network for the Protection of Democracy (PMVD) in the field of local elections. This will include a consultation with at least one lawyer, the preparation and publication of at least one legal analysis, and at least one additional publication on the topic on the PMVD website. An initiative for a constitutional review of Article 5/4 of ZLV-M will also be submitted, or an intervention before the Constitutional Court will be made if others file the request. The results of the activities will be supported by at least ten media contributions featuring an opinion or statement by PMVD. Implementation will be documented through minutes, attendance lists, links to publications, documentation proving the submission of the legal remedy, and copies of or links to media contributions.

Under Result/Outcome 2, activities will be implemented to increase awareness and encourage public debate on the constitutional aspects of preserving the already granted right to vote. At least two pieces of content will be published on the website and at least three posts on social media and/or different channels, which are expected to achieve between 5,000 and 10,000 views in total. User engagement, including likes, comments, and shares, will also be monitored. At least one newsletter presenting the topic will be sent, and at least one public statement will be made in the media. Achievement of the results will be demonstrated through links to the publications and newsletter, analytics, and the statement or a link to its publication in the media.

Under Result/Outcome 3, activities will be implemented to raise awareness among third-country nationals with permanent residence in Slovenia about their right to vote in local elections. To this end, communication will be established with associations, interest groups, and embassies. At least one letter concerning the voting rights of third-country nationals with permanent residence in Slovenia will be sent to at least five institutions, with responses expected from at least two institutions on their websites or in the media. At least three meetings, either in person or remotely, will also be held with affected individuals or institutions interested in pursuing legal remedies. The meetings will be documented through attendance lists and minutes or notes.