On The Protection Of Stateless Persons In Germany 49 acquisition of German nationality that were introduced in 2000,73 in general, it is questionable whether Germany actively implements Article 32. The Federal Administrative Court has interpreted Article 32 merely as a ‘goodwill’ provision. Whereas it has to be taken into consideration in the context of naturalization of stateless persons, it does not authorize the authorities to decide in favour of a stateless person by ignoring or violating binding national law.74 The law provides that a stateless person has to meet burdensome requirements to have a right75 to German citizenship, which include76 (1) possession of permanent right to stay; (2) legal and regular residence in Germany for at least 8 years; (3) no recourse to public funds for the applicant and/or his dependents; (4) possession of adequate knowledge of the German language and of the legal system, the society and living conditions in Germany; (5) no other citizenship;77 (6) not being guilty of any serious crime.78 If a person does not meet these requirements, the Nationality Act provides that he may apply for discretionary naturalization (Ermessenseinbürgerung) on 73 74 75 76 77 78 expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings’. See Kay Hailbronner, ‘Germany’ s Citizenship Law Under Immigration Pressure’, in Randall Hansen and Patrick Weil (eds), Dual Nationality, Social Rights and Federal Citizenship in the U.S. and Europe (Berghahn Books 2002) 121-135. BVerwG, Beschluss v 10.07.1997 - 1 B 141.97; BVerwG, Urteil v 29.10.1996 - 1 C 37.93; BVerwG, Beschluss v 23.12.1993 - 1 B 61.93. The Federal Court decisions were followed by a number of other lower courts cases. See, for instance, OVG Bremen, Urteil v 18.05.1999 - 1 HB 497/98. The legal claim of the applicant is defined as a right if all the conditions are met. However, the authorities can still exercise discretion at different stages of the process. §10 Staatsangehörigkeitsgesetz (StAG, Nationality Act) in der im Bundesgesetzblatt Teil III, Gliederungsnummer 102-1, veröffentlichten bereinigten Fassung, das zuletzt durch Artikel 2 des Gesetzes vom 1.06.2012 (BGBl I 2012, 1224) geändert worden ist. Generally, German law demands renunciation of prior citizenship. In order to avoid statelessness, renunciation will take place after the German administration has assured the applicant in writing that he will be granted German citizenship. Allgemeine Verwal­tungsvorschrift zum Staatsangehörigkeitsrecht (StAR-VwV), GMBl 2001, 122 § 8.1.2.6.1. All nationals of EU Member States are entitled to acquire German nationality without having to renounce their previous nationality. In addition, there are exceptions in case the applicant is not, or only under great difficulties, able to renounce his or her former citizenship. §12 (1) StA.G. Today, dual nationality is accepted in more than 50% of all naturalizations. Kay Hailbronner, Country Report: Germany (EUDO Citizenship Observatory 2012) 16. This last requirement means that minor criminal offences up to six months’ imprisonment are irrelevant. Holger Hoffmann, ‘The Reform of the Law on Citizenship in Germany: Political Aims, Legal Concepts and Provisional Results’ (2004) 6(3) EJML 195, 202. tilburg law review 19 (2014) 35-51