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Ius Sanguinis and Ius Soli in Citizenship Law in Croatia-Slavonia (1848-1918)

In debates about acquisition and loss of citizenship one of the most intriguing questions is a question about prevalence of ius sanguinis and ius soli in a certain legal system. Generally speaking, in the continental Europe from the French revolution onwards we can trace the shift from ius soli towards ius sanguinis. However, the experiences of transition and balance of these two principles are different and in many cases specific in each country. Our aim is to analyze the relevance of ius sanguinis and ius soli in Croatia-Slavonia, the land within the Habsburg Monarchy, in the period from 1848 to 1918. In the feudal period in Croatia-Slavonia ius sanguinis and ius soli have been commonly used as a basis of defining domestic population. The shift towards the principle of ius sanguinis as a basic principle for the acquisition of citizenship happened in 1853 when the Austrian General Civil Code has been introduced. From then on, ius soli should have been used only exceptionally in the cases of children whose parents were unknown. The change of the paradigm provoked crisis in citizenship law which has been solved by the new citizenship law from the year 1880. This new law kept ius sanguinis as a basis but also contained the positive presumption of citizenship of all those born in the land (ius soli). This provision became solid basis for stabilization of citizenship. The provision helped to solve the issue of persons without documents whose citizenship was unknown. The loss of citizenship was regulated by the Emigration Patent which was enacted in Croatia-Slavonia in 1853. The basic logic of this law was ius soli since citizenship lost all those who emigrated from the land. The new law on citizenship from 1880 balanced between ius soli and ius sanguinis while the decree from 1893 made the crucial shift towards the principle of ius sanguinis.

Ius Sanguinis; Ius Soli; Citizenship; Nationality; Croatia-Slavonia; Habsburg Monarchy

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