Anuscheh Farahat and Kay Hailbronner
or incomplete submission of information essential for the adoption of the administrative act.
The law now explicitly provides that withdrawal is not excluded by the fact that the affected
person may become stateless as a result of losing German nationality. There is, however, a
time limit according to Section 35 para. 3 of five years. If the withdrawal of the naturalisation
or the permit to maintain German nationality has legal effects upon the legality of
administrative acts based upon the nationality law relating to third persons, the nationality
authorities have to pass a discretionary decision on the withdrawal or non-withdrawal of such
administrative decisions. Relevant aspects are a possible participation of a third person in the
wilful deceit, threat or corruption or in the intentionally incorrect or incomplete information.
These aspects have to be balanced with legitimate concerns of the third person, in particular
the legitimate interests of children.
An additional provision introduced a new criminal sanction for persons providing
incorrect or incomplete information of essential importance for a naturalisation procedure or
persons using such information to gain naturalisation for themselves or for other persons.
2.6. The 2014 reform of the ‘option duty’
The constant debate over dual nationality and the legality of the ‘optional model’
finally led the grand coalition of the Social Democratic Party (SPD) and the two Christian
Democratic Parties (CDU/CSU) to ease the ‘option duty’ to a significant degree and to
exempt a vast majority of ius soli children. According to the coalition agreement, the duty to
opt between German and a foreign nationality should be abolished for children, who were
‘brought up’ in Germany by foreign parents; multiple nationalities would thereby be accepted
for ius soli children. However, soon after the new government had taken office, disputes arose
between the coalition parties over the meaning of ‘born and raised in Germany’. While Social
Democrats favoured abolition of the ‘optional model’ and acceptance of multiple nationalities
for the ius soli children, Christian Democrats and Christian Socialists argued that only those
children who demonstrate a particular link to German society may retain German and another
nationality.
In summer 2014 the coalition finally reached a compromise. According to the new
law, the ‘option duty’ will be waived for children of immigrants born in Germany who have
either eight years of residence before turning 21, or have attended a German school for at least
six years. The eight-year residence requirement for the parents remains intact. Also the
requirements for ius soli-children were changed and slightly adapted to the requirements of
children with ‘option duty’. The new law came into force on 20 December 2014.43
The new bill improved the situation of the vast majority of ius soli ‘children’ in
Germany. An estimated number of 40,000 young Germans per year could benefit from the
new regulation as from 2018. However, the bill falls short of the historical move towards full
acknowledgment of dual citizenship and retains the ‘option duty’ as a general principle. Apart
from this amendment, only minor changes have taken place in recent years, mostly
concerning technical issues and editorial corrections.
43
Regarding the contents of the 2014 law, see chapter 3.1.
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
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