Mai Kaneko-Iwase, Ph.D. (Law)
(5) Croatia
(6) Hungary
(7) Italy
33
Article 7 of the nationality law states ‘A child born or found within the area
of the Republic of Croatia, whose both parents are unknown (…) acquires
Croatian citizenship. (…)’ (emphasis added). Law on Croatian Citizenship in
force from 01 January 2022. <https://www.zakon.hr/z/446/Zakon-o-hrvatskom-dr%C5%Beavljanstvu> ENS Statelessness Index item PRS.3.b. states ‘An
age limit is set in law by using the term “child”, which means that it applies to
a child until the age of 18.’ ENS Statelessness Index 2022: Croatia (2022) 22
<https://index.statelessness.eu/sites/default/files/ENS_Statelessness_Index_
Survey-Croatia-2022.pdf> A local expert additionally confirmed that the Croatian
term ‘dijete’(child) used in the nationality law always means a person under 18
and any other meaning is specified in the relevant laws and regulations, having
also consulted two professors of the Law Faculty in Zagreb. Email exchanges
between Milana Kreca, President, Civil Rights Project Sisak (co-author of the
Index) and author between 7-22 November 2023, on file with the author.
Article 3 (3)(b)) of the Hungarian nationality law states ‘Until proven to the
contrary, the following persons shall be recognised as Hungarian citizens (…)
children born of unknown parents and found in Hungary.’ Act LV of 1993 on
the Hungarian Nationality https://njt.hu/jogszabaly/1993-55-00-00>. The ENS
Statelessness Index states ‘The term ‘foundling’ reads as “found child born to
unknown parents” (ismeretlen szülőktől származó talált gyermek) in Hungarian
law. Since the word ‘child’ is part of this term, and in the absence of any other
restriction, there are no legal grounds for this to apply to any age sub-group
among children (defined in law as under 18). This interpretation was confirmed
by an official letter sent by the competent ministry to UNHCR.’, citing Letter No.
437-3068/2/2013 of 7 December 2013, Ministry of Public Administration & Justice to UNHCR Regional Representation for Central Europe.’ ‘ENS Statelessness Index 2022: Hungary’ (ENS 2022) 31<https://index.statelessness.eu/sites/
default/files/ENS_Statelessness_Index_Survey-Hungary-2022.pdf>. Also see
Gábor Gyulai, ‘Nationality Unknown?’ (Hungarian Helsinki Committee, 2014)
7<https://www.refworld.org/docid/5310640b4.html>.
Article 1(1)(b) the Italian nationality law states
‘The following shall be citizens by birth: [...] (b) (A son or daughter) who was
born in the territory of the Republic both of whose parents are unknown [...].’
Article 1(2) states ‘A son or daughter (figlio) found in the territory of the Republic
whose parents are unknown shall be considered citizens by birth in the absence of proof of their possession of any other citizenship.’ Legge n. 91, 5 febbraio 1992, Nuove norme sulla cittadinanza <https://www.normattiva.it/uri-res/
N2Ls?urn:nir:stato:legge:1992-02-05;91!vig=2019-11-09l> As stated in footnote
135 of this paper, the author is informed that after the Decision of 2 March 2022
of Court of Naples, XIII Civil Section, Italy’s Ministry of Interior adopted its position that the Italy’s foundling provision is not only applicable to newborns, but
to children up to 18 years old in general. Email responses from Enrico Guida,
UNHCR Italy, dated 28 September and 18 October 2023 to the author’s inquiry,
on file with the author.
Robert Schuman Centre for Advanced Studies