Rights Guaranteed by the Republic of Slovenia after a “No Deal” Brexit

The Slovenian parliament has passed an Act governing certain matters in the event of a hard Brexit (the ‘Act’). 

The Act’s purpose is to determine for the period following Brexit (a) the scope of rights for United Kingdom citizens resident in Slovenia and (b) a regime for certain social security and labour law matters. The Act will enter into force the day after its publication in the Official Gazette and it will apply from the day of Brexit until 31 December 2020 (the ‘Transitional Period’). Most of its provisions are subject to their being reciprocated by the United Kingdom (the ‘UK’). 

During the Transitional Period, the Act grants certain citizens of the UK a number of rights. For example, those who legally reside in Slovenia on the basis of valid certificates and/or permits, issued to them on the basis of their EU citizenship, will retain their right to reside. They will also be permitted to receive certain social security entitlements.

In addition, Article 18 of the Act regulates the provision during the Transitional Period of certain cross-border services by UK entities. 

UK financial institutions, however, may not rely on Article 18 as grounds for their provision of services, because this article does not apply to financial services, which are excluded from the scope of Directive 2006/123/EC (i.e. banking, credit, insurance and reinsurance, occupational or personal pensions, securities, investment funds, payment and investment advice).