Anuscheh Farahat and Kay Hailbronner
may be lost only pursuant to a law and against the will of the person affected only if he or she
does not become stateless as a result. These provisions have been used in order to argue the
unconstitutionality of the legislative reform 1999/2000 and particularly the ‘option model’.
However, finally, no attempt has been made to challenge the nationality legislation in the
Constitutional Court. This may be due to the fact that Article 116 of the Basic Law does
provide a relatively broad legislative power to define German citizenship by legislation (for
an opinion on the constitutional reform see Hailbronner 1999c: 1273).
The implementation process
It is within the competence of the Länder to execute federal laws in their own right. Under
Article 84 of the Basic Law they are authorised to regulate the establishment of authorities
and administrative procedures insofar as federal laws enacted with the consent of the
Bundesrat do not otherwise provide such. With the consent of the Bundesrat the federal
government may issue general administrative rules (Article 84 para. 2 of the Basic Law).
It follows that the Länder may issue administrative guidelines on their own to the
extent that there are no federal administrative rules enacted with the consent of the Bundesrat.
Since nationality law frequently leaves a wide margin of interpretation, administrative guidelines of the Länder may differ substantially according to the different political aims of the
Länder governments.
Based upon Article 84 para. 2 of the Basic Law and previously Section 39 of the
Reichs- und Staatsangehörigkeitsgesetz 1913 authorising the federal government to issue
administrative guidelines with respect to the administrative procedures and the cooperation
between the various competent authorities, as well as to formal matters, a number of administrative rules have been enacted since 1950 covering such matters as
—the exceptional permit to retain German nationality in case of voluntary acquisition
of a foreign nationality;
—the acquisition of German nationality by appointment as a German civil servant.
A federal administrative regulation of 2000 exists but is meanwhile partly outdated.
Due to political controversies between the federal government and the Länder, it has been
impossible to adopt a new version ever since. The Guidelines of the Federal Ministry of
Interior of 2009 are not binding for the Länder, since formal Administrative Rules can only
be enacted by the consent of the Bundesrat. Nevertheless, the administrative courts frequently
refer to the non-binding guidelines as administrative practice.
4. Current debates
Debates in recent years have mainly concerned the acceptance of dual or multiple nationality.
The discussion gained momentum because figures indicated that although dual nationality is
meant as an exception to the German nationality law, in practice there has been an enormous
increase of naturalisations in acceptance of dual nationality. In 2013, 49.7 per cent (2010: 53
per cent) of applicants who naturalised did not have to renounce to their previous nationality.
The requirement of renouncing the former nationality has been exceptionally dispensed with
in regard to applicants from Iran, Morocco, Afghanistan, Lebanon and Syria. Furthermore, the
former nationality of applicants from the member states of the European Union (for example
the UK, Poland, Italy, Greece) was generally accepted. Thus, the legal exception has actually
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
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