Report on Citizenship Law: Germany had a valid residence permit.11 Children whose parents were in possession of an unlimited residence permit and have been living in Germany for five years were to be given a right to naturalisation. In both cases, the acquisition of German citizenship would not require the renunciation of previous nationality. The proposals of the Social Democratic Party and the Green Party were going in the same direction. The Social Democratic Party suggested supplementing the principle whereby German nationality is acquired by descent (ius sanguinis) with the principle of territoriality (ius soli). Children of foreign parents therefore ought to automatically acquire German citizenship as a result of birth on German territory, provided that at least one parent has been born in Germany and has secured his or her permanent residence in Germany. Dual nationality is not to be prevented in such cases. Additionally, for permanent residents, individual rights to the acquisition of German nationality were to be created independently of renunciation of their previous nationality. The draft suggested a facilitation of naturalisation for the following groups of citizens: —foreigners with a permanent residence permit after eight years of residence; —foreigners belonging to the so-called second generation aliens who have grown up in Germany; —spouses of Germans after three years of lawful residence, provided that they have been married for at least two years. Additionally, the proposal provided for a facilitation of discretionary naturalisation, which would be enabled after residence of five years and only be dependent upon the capacity to earn a living, absence of a criminal conviction for a serious offence and absence of a reason for expulsion for endangering public safety or violent behaviour.12 Following another shift in the distribution of political power across the Federation and the Länder, the proposal could not be realised: the Christian Democratic Parties had won some state elections and it became uncertain whether the draft bill would receive a majority in the Bundesrat. A ‘compromise’ was worked out by the Liberal Party, which provided for the acquisition of full nationality by birth on German territory if both parents apply and at least one of the parents has a right of residence in Germany. The proposal of the Liberal Party suggested a loss of dual nationality by obliging the naturalised person to opt for one nationality once that person has reached the age of 21. If the previous (dual) nationality were not given up, German nationality would be lost.13 A renewal of the discussion was provoked when the coalition agreement between the Social Democrats and Bündnis ’90/Die Grünen of 20 October 1998 was presented to the public. According to the intentions of the coalition, German citizenship should be conferred at birth to children born on German territory if one foreign parent was born on German territory or if he or she had entered Germany before the age of fourteen, furthermore requiring that, in both cases, he or she at the time of birth is in possession of a residence permit (Aufenthaltserlaubnis). Other amendments intended by the coalition were a facilitation of the naturalisation process when applying on the grounds of an entitlement to German citizenship. It was proposed that naturalisation be allowed if a foreigner was able to sustain himself or herself and his or her dependants, if there were no convictions for criminal offences and, finally, if no grounds for expulsion or deportation had arisen; the residence requirement was 11 Bundestagsdrucksache (Official Records of the Bundestag), No. 13/9815. Bundestagsdrucksache (Official Records of the Bundestag), No. 13/259. 13 On the optional model, see the report by the Reference and Research Services of the Bundestag (eds.), No. WF III-49/99 of 10 October 1996. 12 6 RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)

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