About Dutch Nationality Law (The Netherlands)
Prior to the first sort of modern Dutch constitution, and the French revolutionary concept of nation and nationality, nationality more or less had a different name and was organised mostly by cities and could thus differ city by city, region by region. This was then referred to as burgerschap (citizenship), a term still in use today.
The Netherlands has a specific independent Dutch nationality law ever since 1892. However, the first codified laws on the then sort of new concept of nationality started to appear with King Willem I his first, rather regal, Civil Code (Burgerlijk Wetboek) in 1837/1838. Due to the pressures of the European Spring revolutions (1848) the real codification of Dutch nationality was included in the origins of the first (modern) Dutch constitution. As a consequence this was further codified through the;
Law of 28 July 1850 to implement Article 7 (nationality) of the Dutch constitution.
Law in force for the period 28 July 1893 to 30 June 1893
Dutch nationality law (WNI) of 1892
Law in force for the period 01 July 1893 to 31 December 1984
Dutch nationality law (RWN) of 1985
Law in force as of 01 January 1985 to present, although major changes were made in 2003
Not only did we see these major overhauls of the Dutch nationality law at times, we also have had tens of smaller changes over the decades. Some more important than others. For example, gender inequalities were addressed in nationality law changes of 1929, 1964, 1985 and 2010, and with other changes.
We can see that mostly these changes were made with good intentions to modernise the nationality law. However, the Netherlands has never stepped away from its Single Nationality Principle. While most other western/developed/EU countries have changed their stance on this over the decades the Netherlands has not, it only allows a single nationality for its nationals/citizens.
However, there are a number of conditional exceptions to this. And because these exceptions have conditions, and exceptions on the conditions, and exceptions to the principal exceptions, and conditions on that again………. it is no wonder that a senior professor called the Dutch nationality law a Monstrosity (“Gedrocht”)! However well intended, the law is now so complex that government officials at times make mistakes, give incorrect information, the citizens are confused, and people just don’t always realise what is allowed or not to their situation!? And as they see others with dual or multiple nationalities they sometimes think they could have this as well. Warning! not always so.
Due to the complexity it is not easy to put down the relevant information on a (government) website etc. There is always a possibility that what you are reading is slightly different for you. Because you were born in a different year, you have lived in a different country, you became an adult at a different age, were married, or not, or…. Multiple aspects to you and your parents can affect your situation. Don’t forget all those changes in law, the dates of these changes affect you as well.
Habsburg Legal Services assists of course clients in all these matters. But we do more than that. We like to see a real modernisation of the Dutch nationality law so that people don’t lose their nationality automatically or without realising it. Yes, we would prefer not to have those customers. And we also help with informing the public, Dutch citizens/nationals, of these risks and issues. Something we would consider to be a government task which unfortunately they aren’t always great at. All in all we would like to see less people with issues which could have been prevented either by getting the right information to the people or by having a real modern law.
On the following Dutch / Netherlands nationality pages some information which may help the reader.