Report on Citizenship Law: Germany 2. Historical background and recent developments 2.1 German nationality law until 2000 The German Nationality Law (Reichs- und Staatsangehörigkeitsgesetz) of 22 July 1913 introduced for the first time a common German nationality for all the nationals of the various states constituting the ‘German Reich’ of 1870. German nationality did not fully replace the nationality of each of the states of the federation, but supplemented it. Under the Constitution of 1919, German nationality provided that every national simultaneously acquired German nationality. Each German was granted the same rights and duties, every German inside and outside the territory of the German Empire was entitled to protection, and it was forbidden for nationals to be extradited to any foreign government for the purpose of punishment or persecution. Under the Nazi regime, German nationality law was repeatedly changed, primarily for ideological and racial reasons. One of the first measures was the abolition of the nationality of the Länder as a result of the establishment of Germany as a unitary state. The law of 14 July 1933 provided for the withdrawal of naturalisation granted during the period between 1918 and 1933, and the withdrawal of German citizenship from persons having violated a duty of loyalty to the German Empire or the ‘German nation’. According to further regulations, all Jews having their ordinary residence abroad were collectively deprived of citizenship. As a result of the ‘reunification’ with Austria and the territorial acquisitions from 1933 to 1941 in Eastern Europe, German nationality was generally granted collectively to persons considered to be ethnic Germans living in the territories incorporated into the German Reich or attached as protectorates to the Empire (Hailbronner & Renner 2005: 16). Another reason for collective acquisition of German nationality was to facilitate admission to the Wehrmacht, SS, police, or Nazi organisations, provided that the persons were of German ethnic origin. The Federal Republic of Germany of 1949 decided to base its nationality law upon the nationality law of 1913, rather than enacting a completely new law. In addition to regulations and changes made by the Allied Powers from 1945–1949, the nationality law of 1913 was substantially changed by three amendments, in 1955, 1956, and 1957. The first Act of 1955, amending the Nationality Act of 1913, addressed collective naturalisations, which took place between 1938, and 1945. Those who had received German citizenship during that period were still legally considered German citizens. However, if a person had been collectively naturalised but did not wish to be a German citizen, he or she could opt out during a period of one year after the law came into force.3 The validity of such collective naturalisations had been a matter of dispute in the jurisprudence and literature of the Federal Republic (Hailbronner & Renner 2005: 63; Genzel 1969a: 113; Genzel 1969b: 98). By the second law of 1956, the collective acquisition of German nationality by Austrians was reversed (Makarov 1956: 744). Austrians, however, could re-acquire German nationality by declaration if they had established permanent residence in Germany by that time. The third law of 1957, and the subsequent legislation of 1969 established equal treatment of men and women in relation to the acquisition of German nationality by spouses and descendants of German nationals. 3 2 Voigt (1955/1956): Entstehung und Inhalt des Gesetzes vom 22. Februar 1955, in: ZAÖRV Vol. 16, S. 661 (663). RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)