Anuscheh Farahat and Kay Hailbronner
Länder have required that reciprocity only be guaranteed if another EU Member State
provides the right to naturalisation. Other Länder considered it sufficient if a German national
was in fact naturalised without the requirement of giving up German nationality. The matter
was finally settled by a decision of the Federal Administrative Court deciding in favour of a
more liberal interpretation which states that reciprocity does not require a formal similarity in
terms of granting an individual right to naturalisation if in fact German nationals will be
naturalised without having to renounce their German nationality.18
In principle, the provisions on ius soli acquisition have remained largely unchanged. A
request, by the opposition parties, to replace the provisions on ius soli acquisition by a more
restrictive rule whereby only children whose parents were born in Germany should be entitled
to ius soli acquisition of German nationality, did not receive a majority in the Bundestag.19
A declaration of loyalty had already been introduced by the reform of 1999. The new
Section 37 requires that the naturalisation authorities have to submit the personal data of any
applicants who have reached the age of sixteen to the secret services.
Major points of controversy were again the question of acceptance of dual nationality,
the legal status of German repatriates and the conditions for the admission of repatriates,
particularly regarding the proof of knowledge of the German language and diverse procedures
for consulting with the secret services in the naturalisation proceedings.
The law reform of 1999/2000 was accompanied by a political decision to renounce the
1963 Convention on Dual Nationality, which provides only for a very restricted acceptance of
dual nationality. By signing the European Convention on Nationality on February 2002, Germany subscribed to the basic principles of the European Convention on Nationality allowing
states party in Article 14 to provide for dual nationality for children automatically acquiring
the nationality of a host state at birth and for married partners possessing another nationality.
In addition, Article 15 in other cases leaves it up to the contracting states to allow, under its
internal laws, multiple nationality if its nationals acquire or posses the nationality of another
state.
With regard to the loss of nationality, the optional model, in the view of the German
government, required a reservation to the European Convention on Nationality whereby
Germany declared that loss of German nationality ex lege may, on the basis of the option
provision in Section 29 of the Nationality Law (opting for either German or a foreign
nationality upon coming of age), be effected in the case of persons who, in addition to a
foreign nationality, acquired German nationality by virtue of having been born in Germany.
With regard to Article 7 para. 1 (f) and (g), Germany has also declared that loss of nationality
may occur if, upon a person coming of age, or in the case of an adult being adopted, it be
established that the requirements governing the acquisition of German nationality were not
met.
2.4 The 2007 reform of nationality law
The 2007 Act on implementing EU directives in the area of immigration and asylum law20
included a legislative reform of nationality law by a number of substantial changes although
not all these changes were related to the implementation of EU legislation. Despite some
18
Judgement of 20 April 2004, Deutsche Verwaltungsblätter 2004, vol. 22, p. 1430.
Bundestagsdrucksache (Official Records of the Bundestag), No. 15/955, p. 38 ff.
20
EU-Richtlinienumsetzungsgesetz of 28 August 2007, BGBl. I, p. 1970.
19
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
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