Report on Citizenship Law: Germany February 2009 no provisions were laid down in the German nationality law relating to the withdrawal of German nationality or the legal effects of a loss or a renunciation of nationality for descendants. While the new legislation clarifies the situation, it produces negative consequences in residence law: According to the higher courts the retroactive loss of nationality does not lead to a revival of the former residence permit and thus leaves the persons concerned in a situation of legal uncertainty (for a critical discussion see: GöbelZimmermann/Eichhorn 2010b: 349; Marx, 2009). The legislative changes were induced by several decisions by the Federal Constitutional Court and the Federal Administrative Court. The Federal Constitutional Court in its ruling of 24 May 200640 had to decide whether nationality authorities could rely on the general provisions of the Administrative Procedure Act on withdrawal of administrative acts in order to withdraw a naturalisation which had been brought about on the basis of incorrect information provided intentionally by the person seeking naturalisation. The Court in principle decided in favour of the constitutionality of the application of these provisions to withdrawal of nationality. Since withdrawal of nationality may have effects on other persons, in particular descendants, the Court requested legislative rules for the solution of problems relating to the withdrawal of a naturalisation. A second ruling of the Constitutional Court41 dealt with the retroactive loss of German nationality of a child as a result of a successful judicial appeal determining that the applicant was not the father of the child. The Constitutional Court declared the retroactive loss of German nationality of the child as constitutional since the minor child was at an age at which it could normally not develop a legitimate trust on the existence and continuity of its status as a German national. However, the Constitutional Court warned the legislator that this decision could not be generalised and that it would depend upon the circumstances of each case whether a retroactive loss of German nationality in such cases would be facing constitutional limits. A parallel question arose with regard to the withdrawal of a residence permit as a result of fraud with legal consequences for the ius soli-acquisition of a child of the person deceiving the authorities.42 The problem of the legal effects of withdrawal of nationality, that is, to say the loss of German nationality for descendants, has been solved by introducing a minimum age requirement. Children may not lose German nationality until they have completed their fifth year of age. The legislator, in imposing the five-year age-limit, has relied upon the constitutional argument that in general children below the age of five have not yet developed their own consciousness of their German nationality and therefore the constitutional prohibition of renouncing German nationality (Article 16 para. 1 of the Basic Law) did not apply. According to Section 17 para. 3 the five-year rule is also applicable with respect to administrative decisions on the basis of other laws with retroactive effect on German nationality of third persons. The law explicitly mentions the withdrawal of a settlement permit, the withdrawal of a certificate according to Section 15 of the law on expellees of German descent and with respect to the non-existence of fatherhood according to Section 1599 of the Civil Code. A second amendment concerned a new provision on withdrawal of illegal naturalisations or illegal permits to maintain German nationality in the case of acquisition of a foreign nationality. Such administrative decisions can only be withdrawn if the administrative act has been brought about by wilful deceit, threat or corruption or by intentionally incorrect 40 2 BvR 669/04. Decision of 24 October 2006, 2 BvR 696/04. 42 Federal Administrative Court, decision of 5 December 2006, 1 C 20.05. 41 14 RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)