Report on Citizenship Law: Germany wilful deceit, threat or corruption, or by intentionally incorrect or incomplete submission of information essential for the adoption of the naturalisation. Withdrawal is not excluded by the fact that the affected person may become stateless as a result of losing German nationality. However, a withdrawal may only take place five years after completing the naturalisation procedure (Section 35 para. 3). Where the withdrawal of naturalisation affects third parties, the nationality authorities have to take into account several aspects in their discretionary decision, namely: the third party’s possible participation in wilful deceit, threat or corruption, or in the provision of intentionally incorrect or incomplete information. These aspects have to be balanced against the legitimate concerns of the third party, in particular the legitimate interests of children. Despite the 2009 reform, the general modes of losing German nationality have largely remained untouched. The same holds true for the traditional modes of acquisition of German nationality, which also remain largely unchanged. German nationality is acquired by descent from a German mother or a German father, by legitimisation, by adoption or by naturalisation. In the absence of a marriage, descent from a German father requires a formal procedure to determine fatherhood or a formal recognition of fatherhood. The abuse of this instrument by providing false declarations of parenthood prompted the legislator to introduce a procedure to challenge the recognition of parenthood.46 By this law, the legislator established a possibility to challenge a recognition of parenthood by the competent authorities in order to prevent an intentionally false recognition of parenthood for the purpose of achieving a residence permit.47 However, the Federal Constitutional Court declared this law unconstitutional.48 In December 2013 the Constitutional Court held that such a challenge by public authorities is unconstitutional insofar as it amounts to a withdrawal of the child’s nationality. Since the child had no influence on the declaration of fatherhood or the motivations of its parents, the loss of its nationality would be contrary to Article 16 para. 1 of the Basic Law. While it would not be unconstitutional in general to sanction fraudulent motivations on the part of the parents, even if this generated negative effects for the innocent child’s nationality, the concrete regulation was held to be too broad and unspecific. The law did not provide any clear-cut criteria to identify cases of fraudulent motivation. Moreover, it disadvantaged virtually all unmarried couples where the mother was not a German national and where the two partners did not share a domicile. Thereby, it failed to take into account the parental right under Article 6 para. 1 of the Basic Law and changes in contemporary family life. Spouses of German nationals are entitled to naturalisation on the condition that they renounce their previous nationality unless there is a reason for acceptance of dual nationality and if certain integration requirements are met. According to the administrative practice a residence of three years is required and a marriage of two years. The applicant must be able to express him- or herself in the German language.49 One of the most important changes can be found in the changed perception of the acquisition of German nationality which dates back to the reform of 2000. Since 1 January 2000, naturalisation and acquisition of German nationality is considered as being in the public interest of Germany rather than as an unavoidable fact. This change in nationality law also reflects a substantial change in the perception of migration. The original assumption that the migrant workers recruited in the early 1970s would eventually return to their home countries 46 Gesetz zur Ergänzung des Rechts zur Anfechtung der Vaterschaft of 13.3.2008, BGBl. I p. 313. BT-Drs. 16/3291, p. 9. 48 1 BvL 6/10, www.bverfg.de. 49 See Decisions of the Federal Administrative Court, vol. 79 p. 94. 47 20 RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)