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THE LAW ON CROATIAN CITIZENSHIP
(Amended Text)
I. GENERAL PROVISIONS
Article 1
This Law regulates Croatian citizenship, the prerequisites for
its
acquisition as well as for its termination.
Article 2
The citizen of the Republic of Croatia who is at the same time
a foreign
citizen, shall be, before the authorities of the Republic of
Croatia,
deemed to be exclusively a Croatian citizen.
II. ACQUIRING CITIZENSHIP
Article 3
Croatian citizenship shall be acquired:
- 1. by origin;
- 2. by birth on the territory of the Republic
of Croatia;
- 3. by naturalization;
- 4. according to international treaties.
Article 4
A child shall acquire Croatian citizenship by origin if:
- 1. both of his or her parents were, at
the time of his or her birth,Croatian citizens;
- 2. one of his or her parents was, at the
time of his or her birth, a Croatian citizen, and the child was
born in the Republic of Croatia;
- 3. one of his or her parents was, at the
time of his or her birth, a Croatian citizen, while the other
was a stateless person or a person whose citizenship was unknown,
and the child was born abroad.
The child who is a foreign citizen or is
a stateless person, shall acquire Croatian citizenship by origin,
if, according to the provisions of a special Law, he or she was
adopted with kinship legal effect by Croatian citizens. Such
a child shall be deemed to be a Croatian citizen from the moment
of his or her birth.
Article 5
A child born abroad whose one parent was, at the time of his
or her birth, a Croatian citizen shall acquire Croatian citizenship
by origin if he or she is, by the age of eighteen, signed up
for registration as Croatian citizen by the authorized body of
the Republic of Croatia abroad or in the Republic of Croatia
or if he or she establishes residence in the Republic of Croatia.
A child born abroad, whose one parent was, at the time of his
or her birth a Croatian citizen, but he or she does not meet
one of the prerequisites from Paragraph 1 of this Article, shall
acquire Croatian citizenship if he or she would otherwise be
left stateless.
A child who shall acquire Croatian citizenship according to Paragraph
1 or 2 of this Article is deemed to be a Croatian citizen from
the moment of his or her birth.
Article 6
(deleted)
Article 7
The child who was born or found on the territory of the Republic
of Croatia shall acquire Croatian citizenship if both of his
or her parents are unknown or are persons whose citizenship is
unknown or are stateless persons. The child shall lose Croatian
citizenship if by the time he or she is fourteen it shall be
determined that both of his or her parents are foreign citizens.
Article 8
A foreign citizen who files a petition for acquiring Croatian
citizenship shall acquire Croatian citizenship by naturalization
if he or she meets the following prerequisites:
- 1. that he or she has reached the age
of eighteen years and that his or her legal capacity has not
been taken away.
- 2. that he or she has had his or her foreign
citizenship revoked or that he or she submits proof that he or
she will get a revocation if he or she would be admitted to Croatian
citizenship.
- 3. that before the filing of the petition
he or she had a registered place of residence for a period of
not less than five years constantly on the territory of the Republic
of Croatia.
- 4. that he or she is proficient in the
Croatian language and Latin script.
- 5. that a conclusion can be derived from
his or her conduct that he or she is attached to the legal system
and customs persisting in the Republic of Croatia and that he
or she accepts the Croatian culture. It shall be deemed that
the prerequisites from point 2 paragraph 1 of this Article have
been met, if the petition was filed by a stateless person or
by a person who, according to the Law of the country whose citizen
he or she is, will lose it by naturalization.
If the foreign country does not envisage
the revocation or is asking for prerequisites to be met, which
can not be met, a statement by the person who has filed the petition
stating that if he or she acquires Croatian citizenship, he or
she renounces foreign citizenship, is sufficient.
Article 8a
A guarantee of admission to Croatian citizenship may be issued
to a foreigner who has filed a petition for admission to Croatian
citizenship, and who, at the time of filing a petition did not
receive a revocation of foreign citizenship or who does not have
proof that he would get a revocation if he gets admitted to Croatian
citizenship, if he meets all other prerequisites from Article
8, Paragraph 1, of this Law.
The guarantee issued shall be valid for a period of two years.
Article 9
A person who is born on the territory of the Republic of Croatia
can acquire Croatian citizenship although he or she does not
meet the prerequisites from Article 8, paragraph 1, points 1,
2 and 4 of this Law.
Article 10
The foreigner who is married to a Croatian citizen and to whom
permanent residency on the territory of the Republic of Croatia
had been approved, can acquire Croatian citizenship by naturalization
although he or she does not meet the prerequisites from Article
8, paragraph 1, points 1-4 of this Law.
Article 11
An emigrant, as well as his or her descendants can acquire Croatian
citizenship by naturalization although they do not meet the prerequisites
from Article 8, paragraph 1, points 1-4 of this Law.
The foreign citizen who is married to an emigrant who has acquired
Croatian citizenship according to the provisions of paragraph
1 of this Article can acquire Croatian citizenship although he
or she does not meet the prerequisites from Article 8 paragraph
1, points 1-4 of this Law.
According to paragraph 1 of this Article, an emigrant is a person
who has emigrated from Croatia with the intention to live permanently
abroad.
Article 12
A foreign citizen whose admission to Croatian citizenship would
be of interest for the Republic of Croatia, can acquire Croatian
citizenship by naturalization although he or she does not meet
the prerequisites from Article 8, paragraph 1, points 1-4 of
this Law.
Croatian citizenship can be acquired by the spouse of the person
from paragraph 1 of this Article who has acquired Croatian citizenship
although he or she does not meet the prerequisites from Article
8, paragraph 1, point 1-4 of this Law.
The authorized Ministry shall issue an opinion on the existence
of an interest in the admission to Croatian citizenship of a
foreigner from paragraph 1 of this Article.
Article 13
A minor shall acquire Croatian citizenship by naturalization:
- 1. if both parents acquire citizenship
by naturalization, or,
- 2. if only one parent acquires citizenship
by naturalization and the child lives in the Republic of Croatia,
or,
- 3. if only one parent acquires citizenship
by naturalization, the other one is a stateless person or a person
of unknown citizenship and the child is living abroad.
According to the provision of Paragraph
1. of this Article, a minor of a person from Article 9. of this
Law shall acquire citizenship by naturalization.
Article 14
A minor who is s foreign citizen or a stateless person, which
was adopted by a Croatian citizen, with parental legal effect
shall acquire Croatian citizenship upon the filing of a petition
by his or her adoptive parents, although he or she does not meet
the prerequisites from Article 8, Paragraph 1, points 1-4 of
this Law.
Article 15
A Croatian citizen who petitioned for and had his or her Croatian
citizenship revoked for the reasons of acquiring citizenship
in another country, which was set forth as a prerequisite by
the foreign country in which he or she has place of residence
for conducting a profession or a business, can regain Croatian
citizenship although he or she does not meet the prerequisites
from Article 8, paragraph 1, points 1-4 of this Law.
Article 16
A member of the Croatian people who does not have a place of
residence in the Republic of Croatia can acquire Croatian citizenship
if he or she meets the prerequisites from Article 8, paragraph
1, point 5 of this Law and if he or she issues a written statement
that he or she considers himself or herself to be a Croatian
citizen.
The statement from paragraph 1 of this Article shall be given
before the competent authority or before the diplomatic or consular
office of the Republic of Croatia abroad.
III. TERMINATION OF CITIZENSHIP
Article 17
Croatian citizenship shall be terminated:
- 1. by revocation;
- 2. by renouncement;
- 3. according to international treaties.
Article 18
A revocation of Croatian citizenship can be given to the person
who has filed a petition for a revocation and meets the following
prerequisites:
- 1. that he or she has reached 18 years
of age;
- 2. that there are no impediments related
to his or her military service obligations;
- 3. that he or she has paid due taxes,
duties and other public obligations as well as obligations towards
the legal and physical persons in the Republic of Croatia, for
which a writ of execution was issued;
- 4. that he or she has duly settled all
the property related legal issues stemming from marriage or from
the child-parent relationship towards the Croatian citizens and
towards the persons who remain in the Republic of Croatia;
- 5. that he or she is a foreign citizen
or that he or she has proved that he or she will acquire foreign
citizenship;
A revocation of Croatian citizenship can
not be acquired by a person against whom in the Republic of Croatia
criminal proceedings are being carried out for an act which is
prosecuted ex offo or if he or she was sentenced to jail in the
Republic of Croatia, until he or she serves the sentence.
Article 19
The decree on the revocation of Croatian citizenship shall be
set aside by a special decree, upon the receipt of a petition
by a person whose citizenship was revoked if he or she does not
acquire foreign citizenship in one year from the date of the
publishing of the decree on the revocation in "Narodne novine"
and he or she continues to live in the Republic of Croatia.
The decree on revocation shall be set aside by a special decree
upon the receipt of a petition from the person whose citizenship
was revoked and who moved out of the Republic of Croatia if he
or she did not acquire foreign citizenship in three years from
the date of moving, and if he or she notifies the diplomatic
or consular office of the Republic of Croatia abroad or directly
the authority in charge of issuing the decree on revocation about
this within the following three years.
Article 20
Croatian citizenship shall be terminated by revocation for a
child by the age of eighteen:
- 1. upon the petition from both parents
whose citizenship was terminated by revocation, or,
- 2. if Croatian citizenship was terminated
in this way for one parent, while the other parent is a foreign
citizen;
Croatian citizenship shall be terminated
by revocation upon the petition by the adoptive parents, for
a child by the age of eighteen, who was adopted with kinship
legal effect by foreign citizens.
Article 21
The Croatian citizen who has reached the age of eighteen who
resides abroad and who is at the same time a foreign citizen,
can renounce his or her Croatian citizenship.
Article 22
Croatian citizenship shall be terminated by renouncement for
a child by the age of eighteen:
- 1. upon the petition from both parents
whose citizenship was terminated by renouncement, or,
- 2. if Croatian citizenship was terminated
in this way for one parent, while the other parent is a foreign
citizen.
Croatian citizenship shall be terminated
by renouncement upon the petition by the adoptive parents, for
a child by the age of eighteen, who was adopted with kinship
legal effect by foreign citizens.
Article 23
The person whose Croatian citizenship was terminated according
to Article 20 or Article 22 of this Law, while he or she was
a minor, shall regain Croatian citizenship if he or she for a
period of not less than a year constantly resides on the territory
of the Republic of Croatia. and if he or she issues a written
statement stating that he or she considers himself or herself
a Croatian citizen.
IV PROCEDURAL PROVISIONS
Article 24
The petition for the acquisition or termination of citizenship
shall be filed with the police headquarters or police station.
The petition for the acquisition or termination of citizenship
may be filed through the diplomatic or consular office of the
Republic of Croatia abroad.
The petition for acquiring citizenship for a minor shall be filed
by a parent, namely the parent shall issue a written statement
stating that he or she considers himself or herself a Croatian
citizen.
In the case of the acquisition or termination of citizenship,
the consent of a child older than 14 years of age is mandatory.
Article 24 a
Croatian citizenship is acquired by naturalization as of the
day on which the decree on admission to Croatian citizenship
was served.
Croatian citizenship acquired by a given statement is acquired
as of the date of the given statement.
Croatian citizenship is terminated by revocation as of the date
on which the decree on revocation of Croatian citizenship was
served.
Croatian citizenship is being terminated by renouncement as of
the date of the given statement on renouncement.
Article 25
The affairs regarding citizenship shall be conducted by the Ministry
of the Interior, and the decree on the acquisition or termination
of citizenship shall be issued by the Minister of the Interior.
Article 26
The Ministry of the Interior shall deny a petition for the acquisition
or termination of citizenship if the prerequisites are not met,
unless otherwise specified by this Law.
The Ministry of the Interior may deny a petition for the acquisition
or termination of citizenship although all the prerequisites
are met if it is of the opinion that there are reasons of interest
for the Republic of Croatia because of which the petition for
the acquisition or termination of the citizenship should be denied.
Article 27
A register shall be kept on Croatian citizenship.
The Register of Citizenship shall be kept by the Municipal Registrar's
Office, while the Register of Croatian citizens who reside abroad
shall be kept by the respective diplomatic or consular office
of the Republic of Croatia abroad as well.
Persons born in the Republic of Croatia shall be registered in
the Register of Citizenship kept by the Registrar's Office of
the municipality in which the place of birth of that person is.
Persons born abroad shall be registered in the Register of Citizenship
kept by the Registrar's Office of the Municipality in which the
person filing the petition for the acquisition or termination
of Croatian citizenship resides.
Persons who acquire Croatian citizenship on the basis of the
provisions of this Law, and who do not reside in the Republic
of Croatia, shall be registered in the Central Register. The
Central Register shall be kept by the body authorized for carrying
out general administration in the City of Zagreb.
Article 28
The Certificate of Citizenship is a public document which serves
to prove Croatian citizenship, and is issued by the Municipal
Registrar's Office or the authorized diplomatic or consular office
of the Republic of Croatia abroad.
The Ministry of the Interior is in charge of the procedure for
the determination of citizenship.
Article 29
Croatian citizenship is evidenced by a valid identity card, military
identity card or passport.
A Croatian citizen who does not have any of the documents listed
in Paragraph 1 of this Article shall prove Croatian citizenship
with the Certificate of Citizenship which shall be issued by
the Municipal Registrar's Office, based on the records.
V TRANSITIONAL AND CONCLUDING PROVISIONS
Article 30
A Croatian citizen is deemed to be a person who has acquired
this status according to the Laws valid until the taking effect
of this Law.
A member of the Croatian people who, by the date on which this
Law takes effect, is not a Croatian citizen, and on the said
date has registered place of residence in the Republic of Croatia,
shall be deemed to be a Croatian citizen if he or she issues
a written statement that he or she considers himself or herself
a Croatian citizen.
The written statement from Paragraph 2 of this Article shall
be submitted to the police headquarters or police station of
the municipality on whose territory the person resides.
Determination of the prerequisites from Paragraph 2. of this
Article shall be carried out by the police headquarters or police
station. If they shall determine that all the prerequisites are
met, they shall order an entry into the Register of Citizenship
without issuing a written decree. If they shall determine that
all the prerequisites are not met, they shall deny the petition
by a decree.
Article 31
The Minister of the Interior shall prescribe forms for keeping
the Register of Citizenship, the content of Certificates of Citizenship
and the manner of keeping the Register.
The Minister of the Interior shall determine the price of the
form for the Certificate of Citizenship which shall be paid by
the petitioner.
Article 32
The impediments for the revocation of citizenship regarding military
service (Article 18, Paragraph 1, point 2) shall be prescribed
by the Minister of Defence after acquiring consent from the Minister
of the Interior.
Article 33
The regulations according to the provisions of Article 31 and
32 of this Law shall be passed within 60 days of the date on
which the Law takes effect.
Article 34
Information contained in the Registers of Citizenship according
to Article 4, Paragraph 2 and Article 20, Paragraph 2 of this
Law are an official secret.
Article 35
The procedures initiated according to the Law on Citizenship
of the Socialist Republic of Croatia ("Narodne novine"
No. 32/77) shall be completed according to the provisions of
this Law.
Article 36
The supervision upon the implementation of this Law and the regulations
passed on the basis of this Law shall be carried out by the Ministry
of the Interior.
Article 37
The Law on Citizenship of the Socialist Republic of Croatia ("Narodne
novine", No. 32/77) shall be annulled on the day on which
this Law takes effect.
Until the regulations from Article 31 of this Law are passed,
the Regulations on keeping the Register, the form for keeping
the Register and the form for the Certificate of Citizenship
("Narodne novine" No. 7/78, 42/81) shall apply.
Article 38
This Law enters into force on the day of its publication in "Narodne
Novine".
Number: 224-01/91-01/03
Zagreb, June 26. 1991.
PARLIAMENT OF THE REPUBLIC OF CROATIA
(SABOR)
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