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J. Panagiotidis
Co-ethnic citizenship is a different story
Nor is ius sanguinis particularly useful (or even necessary) for the conveying of citizenship upon ‘co-ethnics’ in other countries. This is a whole different discussion in my opinion which cannot be used to make a case against
the ius sanguinis principle. Taking again the example of Germany, the main
European supplier of co-ethnic citizenship in past decades, it needs to be
stressed that ‘ethnic Germans’ from Eastern Europe did not receive German
citizenship by means of the ius sanguinis of the 1913 citizenship law. This
was not possible, as in most cases they had no ancestor with German citizenship to refer to. Their claim to citizenship rested on special provisions in the
constitution and expellee law, which equalised the status of German
Volkszugehörige with that of German citizens.
At this point we leave the solid ground of formal citizenship and enter
into the murky territory of ‘ethnicity’. But even here, it is not all about
‘descent’. While the peculiar notion of Volkszugehörigkeit is often identified
with ‘ethnic descent’, it was much more complex than that: it was actually
very much a political-plebiscitary notion predicated on self-avowal
(Bekenntnis) as German to be confirmed by an ‘objective’ criterion, which
could be language, descent, upbringing, or culture (section 6 of the 1953
Federal Expellee Law).6 ‘Descent’ (Abstammung) – notoriously hard to
define in administrative practice – was thus neither a necessary nor a sufficient
condition for recognition as a German.7
Conclusion
In sum, I would argue that the supposed ‘taintedness’ of ius sanguinis has
to do with issues not intrinsic to this principle of transmitting citizenship,
namely restrictive admission practices and racially based exclusion. The
issue of co-ethnic citizenship should be kept apart from this discussion
altogether. History cannot provide the justification for abandoning ius sanguinis, as its use in certain problematic ways and contexts in the past does
6
7
See: http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_
BGBl&jumpTo=bgbl153022.pdf
I elaborate on the plebiscitary, quasi-‘Renanian’ nature of the German conception of Volkszugehörigkeit in: Panagiotidis, J. (2012), ‘The Oberkreisdirektor
Decides Who Is a German’: Jewish Immigration, German Bureaucracy, and the
Negotiation of National Belonging, 1953–1990. Geschichte und Gesellschaft
38, 503–533, esp. 511.
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