Report on Citizenship Law: Germany
has, over the course of time and due to the substantial political changes in Eastern Europe,
lost most of its validity—particularly if one considers that some of the successor states of the
USSR are now EU Member States.
Although the adoption of the new Nationality Act in 1999 did not bring to an end the
public debate on the concept of German nationality, emotions were somewhat calmed when it
became apparent that a considerably smaller number of foreign nationals were acquiring
German nationality under the new ius soli regime or by naturalisation in comparison to what
had been originally envisaged. The Immigration Act 2004, therefore, did not attract much
attention in terms of changing the nationality legislation since its focus was on immigration,
although an unsuccessful attempt was made to substantially restrict the scope of application of
the ius soli rule.
Within the reforms of 2007 and 2009, the ius soli principle has been confirmed by the
legislation. The acceptance of multiple citizenship in exceptional cases and its other legal
consequences have been put in a clear wording as demanded by the constitutional
jurisprudence of 2006. In fact, as the result of the current legislation, dual nationality has
become the rule rather than the exception, since dual nationality is accepted in around 50 per
cent of all naturalisations (see Göbel-Zimmermann/Eichhorn 2010a: 296). In a decision on the
acceptance of dual nationality by German nationals residing abroad and applying for
naturalisation in their host state, the Federal Administrative Court has concluded from the
legislative amendments of Section 25 of the German Nationality Act that the legislator has
attributed less weight to the principle of avoidance of dual nationality and a higher weight to
the private interests of German nationals residing abroad in retaining German nationality.54
Statistical development
The statistical evaluation of the nationality reform of 1999/2000 reveals mixed results: While
there is a considerable increase in accepting dual citizenship mainly due to the introduction of
ius soli elements, naturalisation numbers still remain at an unsatisfactory low level. As far as
the ius soli rules are concerned there are a variety of new administrative tasks. Only in 2008
did the nationality authorities deal with the issue of the ‘option model’ for the first time for a
yearly average of 40,000 persons. Concerning the administration of this complicated model,
difficulties arose regarding the practical operation and legal uncertainties (for administrative
issues see Krömer 2000: 363). An important factor for the operation of the nationality law
reform of 1999/2000 is the statistical development of naturalisations. However, one has to be
careful when interpreting statistics (see Renner 2004: 176; Göbel-Zimmermann 2003: 65).
The number of naturalisations since the mid-1970s remained fairly constant until the
end of the 1980s, between 25,000 and 45,000. From 1981 until 1985, 69,000 foreigners were
naturalised by regular procedure (discretion) and 117,770 by the legal right to naturalisation
(primarily repatriating ethnic Germans). A significant development can be seen if one looks at
the statistics from 1991–1995. In the same period there were 489,004 discretionary and
926,283 obligatory naturalisations (Beauftragte der Bundesregierung für Ausländerfragen
1997: 60). The latter category were mainly ethnic Germans in the sense of Article 116 of the
Basic Law, who acquired the status of a German upon admission to German territory, and
after August 1999 by a certificate of admission whereby they automatically acquired German
nationality for themselves and their descendants.
54
24
BVerwGE (Federal Administrative Court) 131, 121 (125).
RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents