Report on Citizenship Law: Germany
spouses as well as non-German descendants50 intending to acquire German nationality based
upon the special provisions of the Expellees Act and the Basic Law.
As a result, the number of repatriated Germans entitled to German nationality went
down substantially. In 2006 only 7,626 persons from the former Soviet Union moved to
Germany as compared to 35,369 in 2005. Only one application out of eight has been
successful as compared to two out of three in the years before the entry into force of the
Immigration Act 2004.51
In 2006/2007 the political debate on the increased recognition of dual nationality in
Germany nationality law, and the facilitation of naturalisation of foreigners recruited by postwar agreements on Gastarbeiter and their descendants to the second and third generation, was
revived in the context of a general debate on the success or failure of integration efforts.
Particularly troublesome was the question of the extent to which sufficient knowledge of the
German language and basics of the German constitutional order and political system should
be required in order to become a German national. A highly controversial debate arose about
various proposals by the Länder to introduce naturalisation tests requiring proof of sufficient
knowledge of the German politics, history and culture as well as administrative guidelines for
naturalisation authorities in Baden-Württemberg to examine doubts as to the constitutional
loyalty of applicants for naturalisation (for a critical discussion see Hanschmann 2008).
The different practices in the Länder concerning the necessary standard of knowledge
of the German language in reading and writing became a matter of intensive public debate
regarding the relevance of insufficient knowledge of the German language as a reason for the
economic failure of substantial parts of the juvenile foreign population in the labour market.
The decision of the Federal Administrative Court of 20 October 200552 partially dispensing
with a requirement of knowledge of the written German language was one of the reasons for a
legislative amendment in 2007. Another was an ongoing controversy within the jurisprudence
on the question of withdrawal of naturalisation. The Federal Constitutional Court’s ruling of
24 May 200653 upheld the existing administrative practice of withdrawing naturalisation on
the basis of general rules of the Administrative Procedure Act; with regard to the legal effect
of such withdrawals for spouses and descendants, the Court requested the legislator to provide
for rules taking into account the different public and private interests at stake.
Political analysis
Although there was a basic consensus among the major political parties that the integration of
the foreign population, recruited in the 1960s as migrant workers, and their descendants, had
been neglected to a substantial degree in the following decades, no agreement could be
reached on the role of naturalisation and the acquisition of German nationality in the process
of integration. While the ruling Social Democratic Party in 1999 considered the acquisition of
German nationality to be an essential instrument in achieving integration, the opposition
Christian Democratic Parties (CDU/CSU) argued that naturalisation should complete the
process of integration rather than pave the way towards it. The disagreement focussed upon
the issue of dual nationality. While the Social Democratic Party and its coalition partner,
Bündnis ’90/Die Grünen, with the assistance of the Liberal Party, advocated a concept of
toleration of dual nationality based upon a dual attachment to different nations and dual
50
The status ‘ethnic German’ according to Art. 116 of the Basic Law is not transferred to descendants.
Immigration Report for 2006, 1st ed. December 2007 at p. 50 ff.
52
BVerwGE 124, 268, 273.
53
2 BvR 669/04, www.bverfG.de.
51
22
RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)
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