History of Dutch Nationality - The Dutch in The 19th Century

The Dutch in The 19th Century

The year 1795 marked the downfall of the Dutch Republic and gave birth to the Batavian Republic. At the beginning of the 19th century, the first codification of Dutch national citizenship appeared in the Napoleonic Code for the Kingdom of Holland effective from 1801–1811, originating from the French code of civil rights, the Code Civil. In 1813, after the proclamation of the Kingdom of the Netherlands, the Code Civil continued to remain in effect even though a new Dutch constitution was drawn in 1815. The new constitution de facto became the first Dutch codification of Dutch citizenship, where it was stated that, starting from 1815, only residents had the freedom to occupy positions in public offices. This was a significant change from the citizenship laws of the preceding centuries. The Dutch civil code stipulated that residents were only those people who were born to parents officially residing on Dutch territory. Due to the colonial ambitions of the Netherlands, all those people who traveled abroad in official service of the country were considered to live in the Netherlands and were to be counted as residents. The new Dutch civil law was the building block for the implementation of jus sanguinis. On the other hand, even though descent remained very important for the acquisition of citizenship, the emphasis on the significance of residency, was evidence of the French influence of jus soli.

In 1838 a new Dutch civil code (Burgerlijk Wetboek) replaced the Code Civil and dealt with nationality in a new, Dutch way but still largely influence by the French system. The new Burgerlijk Wetboek cemented the rights of nationality of women and touched upon the loss of nationality. Dutch nationality would be lost by naturalization or permanent residence in another country. As well, serving in a foreign army and providing labour for a foreign public service without royal permission would deprive one of Dutch nationality.