Acquisition of Croatian citizenship on the basis of belonging to the Croatian nation is one of the legal grounds for obtaining Croatian citizenship by naturalization, governed by Article 16 of the Croatian Citizenship Act (Official Gazette nos. 53/91, 70/91, 28/92, 113/93, 4/94, 130/11, 110/15, 102/19, 138/21; hereinafter: CCA). Under that provision, as amended by the Amendments to the CCA Act that entered into force on 1 January 2020, a member of the Croatian nation who does not have residence in the Republic of Croatia may acquire Croatian citizenship if they meet the conditions of Article 8(1)(5) of the Act, namely that they respect the legal order of the Republic of Croatia, have settled due public charges, and that there are no security obstacles to their admission to Croatian citizenship. Belonging to the Croatian nation is established by prior declarations of that belonging in legal transactions, by indicating such belonging in certain public documents, by defending the rights and promoting the interests of the Croatian nation, and by active participation in Croatian cultural, scientific and sports associations abroad.

According to current case law (specifically the judgment of the Administrative Court in Zagreb, case no. UsI-742/18-12 of 26 February 2019), the applicant M. B., an Italian national, filed an application for admission to Croatian citizenship on 29 August 2014, invoking belonging to the Croatian nation and/or status as a descendant of emigrants. The factual situation established that his grandmother A. M. was born in P. in the Republic of Croatia and was of Croatian nationality, while the applicant’s mother was born in Slovenia, married an Italian national and later moved to Italy with her parents.

As evidence for his claim of belonging to the Croatian nation and status as a descendant of emigrants, the applicant submitted a notarized declaration of his national belonging, the grandmother’s birth and baptismal records, the grandmother’s marriage certificate and domovnica, proof of the grandmother’s enrollment in school registers, a certificate of membership in a Croatian–Italian association in R., a certificate of honorary membership in the cultural-artistic society “Z.” in P., a witness statement by M. Ć. stating that the applicant is Croatian by nationality, photographs of stays in the Republic of Croatia, a photograph of a vehicle bearing the Croatian national sticker, a National and University Library card, a copy of his CV, a certificate of no criminal record and other circumstances which, the applicant claimed, demonstrated his connection with Croatian culture and identity.

The notarized declaration that the applicant is Croatian was not accepted as sufficient evidence. The Court considered that a standalone personal declaration, without prior declaration in legal transactions or entries in public documents, does not prove a lasting and credible belonging to the Croatian nation within the meaning of Article 16 CCA.
The certificate of membership in the Croatian–Italian association was also not accepted. The Court noted that the membership occurred immediately before or after the filing of the application, so such activity does not have the character of prior, continuous and credible engagement in Croatian associations abroad required by law as proof of belonging.
The certificate of honorary and supporting membership in the KUD “Z.” was not accepted as proof of the applicant’s belonging because the activity and participation related to events on the territory of the Republic of Croatia, whereas Article 16 requires active and continuous participation in Croatian cultural associations abroad as a relevant indicator of belonging.
The witness statement regarding the applicant’s belonging to the Croatian nation was not accepted as standalone evidence. The Court found that unverified and vague testimony without a basis in prior official documentation or continuous activity cannot by itself confirm a lasting national affiliation.
Photographs taken during visits to the Republic of Croatia were not accepted because occasional visits do not prove prior declaration in legal transactions or enduring belonging to the Croatian nation; such photographs have limited evidentiary value.
The photograph of a vehicle bearing the Croatian national sticker was not accepted because it is a symbolic act that does not attest to lasting national commitment; the Court even noted that such application may be unlawful and therefore an irrelevant proof of belonging.
The National and University Library card was not accepted as proof of belonging because using the library during a visit does not constitute prior declaration in legal transactions nor a continuous link to Croatian national activities abroad.
The entry “Croatian” in the nationality field of the application form was not accepted as credible evidence of true commitment; the Court considered that such an entry may be motivated by a desire to obtain citizenship on a facilitated basis and does not represent a prior, credible declaration of national belonging.
Copies of the grandmother’s certificates and other documents were not accepted as proof of the applicant’s belonging; they only prove the grandmother’s Croatian origin and identity, not the applicant’s personal, prior and lasting declaration.
The CV, certificate of no criminal record and other ancillary documents were likewise not accepted as proof of belonging because they do not attest to personal national affiliation nor to continuous activity in Croatian associations abroad required by Article 16 CCA.
With respect to the application of the provision on descent from emigrants under Article 11 CCA, the Court found that the emigrant criterion implies that the ancestor emigrated from the territory of the Republic of Croatia with the intention of permanent residence abroad. Since the file showed that the family migration went from Croatia to Slovenia and then from Slovenia to Italy and that the applicant’s mother was born in Slovenia and did not live or work in the Republic of Croatia before moving to Italy, the Court concluded that the applicant is not a descendant of an emigrant within the statutory definition. Due to the lack of evidence of the applicant’s own prior declaration of national belonging and the failure to prove direct emigration from the Republic of Croatia, the Court dismissed the lawsuit and upheld the legality of the Ministry of the Interior’s decision.

Prepared by: Anja Juršetić Šepčević, attorney – partner at the law firm JURŠETIĆ & ALEKSOVSKI d.o.o.