Anuscheh Farahat and Kay Hailbronner
further assistance for integration, particularly in order to facilitate professional education and
the education of juveniles.
The procedure for acquiring legal status as a German repatriate is divided into two
steps. The first step in the readmission procedure is to find out whether a person meets the
basic requirements for admission under the Federal Expellees Act and whether admission is
within the quota for admission. A person who has passed the admission procedure receives a
certificate of admission (Aufnahmebescheid), which entitles the person to take up permanent
residence in Germany. After entering into Germany, a further procedure results in the issuing
of a certificate of recognition as a German repatriate (Spätaussiedlerbescheinigung) according
to Section 15 of the Federal Expellees Act which states with binding force for all authorities
that the person is entitled to all privileges and rights as a German repatriate. The issuing of
this certificate leads to the automatic acquisition of German nationality according to Section 7
of the Staatsangehörigkeitsgesetz.
The fact that this occurs in two separate procedures has been subject to criticism. A
certain coordination has been achieved by concentrating the authority for both certificates in
the Bundesverwaltungsamt in Berlin. The certificate of recognition as a German repatriate is
issued automatically on the entry into force of the Immigration Act and does not require an
application. However, there are a number of unresolved issues relating to the acquisition of
German nationality by German repatriates. Restrictions concerning the necessary knowledge
of the German language have been generally acknowledged as an essential element of the
general integration policy. About 50 per cent of all applicants do not pass the German
language test. From an administrative point of view, it is envisaged to replace the existing
two-step procedure by a single procedure, which terminates in the recognition of the legal
status as a repatriate.
3.3 Institutional arrangements
Institutional arrangements concerning nationality law first of all reflect the fact that Germany
is a federal state. The legislative competences and executive competences to implement the
law are divided between the State and the German Länder as laid down in the German Basic
Law.
The legislative process
Under Article 73 of the Basic Law, the Federation has the exclusive power to legislate with
respect to citizenship in the Federation. Special authority is granted the Federation by Article
116 of the Basic Law which defines a German as a person who either possesses German
citizenship or has been admitted to the territory of the German Reich within the boundaries of
31 December 1937 as a refugee or expellee of German ethnic origin or as a spouse or
descendant of such persons. Article 116 para. 1 provides explicitly for further legislation
(‘unless otherwise provided by a law’).
The exclusively federal legislation on nationality means that nationality issues are
usually dealt with by the Federal Ministry of the Interior, which is in charge of matters of
nationality. However, the law reforms during the last fifteen years have been substantially
controversial and frequently accompanied by an emotional public debate. As a result of the
development of Germany into a de facto immigration country with a high percentage of
immigrants, nationality issues have become very closely connected with general migration
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
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