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GERMAN CITIZENSHIP LAWS.   Term Paper ID:30769 Click to get this paper

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Paper Abstract: Examines the evolution of German citizenship. Historical overview of citizenship laws. Concept of nationhood.; national identity in Germany. Impact of the return of ethnic Germans from East Europe, and increase of migrant workers. German attitudes toward foreigners. Position of political parties. Issues of multiple nationality, dual citizenship, naturalization. Asylum policy. New laws of 1998. Paper Introduction: German Citizenship Laws Introduction The purpose of this report is to examine the evolution of Germany’s citizenship laws. It has been argued that the models of German citizenship are dynamic and still evolving (Hagedorn, 2000). This report will trace the origins of German citizenship in the context of an explosion of migrant workers and new government policy on citizenship and migrants. Historical Overview of Citizenship Laws The Origins of German Citizenship William Barbieri (1998) has stated that it was only in 1871 that Germany was unified for the first time, but even then its territorial identity remained vulnerable to frequent and substantial change. This situation was finally resolved on October 3, 1990 with Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. (1999). It was not until the198 s, when it became evident that "guest workers" would not return totheir home countries that Germany began to think about other solutions. In manyinstances, overt and covert violence directed against Turks in particularmade headlines throughout Germany (Nagorski & Waldrop, 1993). The laws of blood. Alter and Monteath (1997) assert that the theory behind the law wasthat ethnic Germans needed asylum in the homeland. Officially the party agrees with the CDU andproposes jus soli for second-generation immigrants and requiresforeigners to choose between Germany and their original citizenship. Germany's new law brings the country into closer conformity with itsEuropean neighbors. A "unity of blood" is seen by this analyst as integral to Germancitizenship and as embedded in the writings of Goethe and others. Foreigners in general have the right tobecome naturalized after only eight years of habitual residence in theFederal Republic of Germany. Certainlegal permanent residents and young aliens were granted the right to vote,but in relatively small numbers. Despite thisopposition, however, Germany today has in place new citizenship laws thathave the potential to dramatically increase the number of foreign-born non-German citizens. Nagorski, A., and Waldrop, T. The SPD was the first party to put forward proposals to amendthe RuStAG in 1982. The History of the Migrant WorkersThe Migration of Foreign Workers Germany's population has increased by more than five million people inten years because of immigration. From a reliance on German ethnic identity as thesole qualification for citizenship to a recognition of residence orterritoriality as the basis of citizenship, Germany has begun to redefinewhat it means to be a German. The return of ethnicGermans along with dramatic growth in the birth rates in the families ofguest workers has given Germany the largest foreign population in theentire European Union. Like the SPD, the Greensattempted to place the issue on the national legislative agenda and havechallenged the FDP on the question. In 1995, members of the Christian Democratic Party beganto demand that full German citizenship should be given to children born inGermany of foreign parents. Some 42 percent of the 1974 respondents stated that they wouldnot invite a Turk into their homes, while in 1975, 42 percent believed thatforeigners should return to their country of birth. Others who support granting asylum arguethat the very real possibility of continued oppression made it and continueto make it necessary for Germany to welcome back any individuals or groupswho could demonstrate an ethnic German ancestry. At issue, says Rathzel (1995), was theconstruction of a new definition of German identity that did notnecessarily include the traditional understanding of descent as the primarycharacteristic defining who was and who was not a German. Coalition agreement between the SPD and Alliance 9 /the Greens.(1998). Social Identities, 1(2), 263-283. Though some movement towards greater integrationof foreigners into German society has been made, Piper (1998) contends thatforeigners who are residents in Germany are still perceived as a threat ora problem. In the 197 s in particular, anti-guest workerbiases were commonplace and throughout the 198 s, the generally hostileattitude toward foreigners began to diminish. They areespecially numerous in Northrhine-Westphalia, Bavaria, Baden-Wurttemberg,and Hesse. 1). Dual citizenship and the principle of jus soliwere at the center of this position. In 1971, one poll revealed that 36 percentof the population thought that the presence of foreign workers posed adifficult problem. Many Germans felt that limiting immigration was a necessity. Schroederstated further that he would work with the Free Democrats to create a planthat would guarantee automatic citizenship to any child born in Germanywhen one parent had lived in the country for at least 1 years. Hostility toward suchworkers, particularly Turks increased throughout the 199 s. Almost two-thirds of all Turks and 82 percent of allSpaniards who arrived as guest workers have lived in Germany for 1 or moreyears. Rubio Marin (2 )maintained that a greater sense of equality and the need for extendingcitizenship and the franchise to foreigners has begun to emerge. The new law substantially changed theprinciple of descent upon which citizenship had been granted and made itpossible to acquire German citizenship as the result of being born inGermany as is the case in most other European countries (Reform ofGermany's..., 2 1). Naturalization was possible for some foreignworkers, but the process itself was difficult and time-consuming. This same researcher states that as soon as Germanyconsented to aliens entering those spheres reserved in principle forcitizens, it had to ensure aliens equal treatment and then to eliminate allforms of institutional discrimination. In 1955, the first recruitment treaty was signed with Italy to inviteguest workers to West Germany. NewJersey: Humanities Press International, Inc. The15-year residence period was reduced to 8 years and the principle observedprior to the law of avoiding plural nationality continued to apply exceptin certain hardship cases. (1997). K. (2 ). In 1953, Germany passedthe Expelees' and Refugees' Law to facilitate the return of ethnic Germans,many of whose ancestors had left Germany in the eighteenth century. Though therewas a strong emphasis on jus sanguinis, it was not the only criterionneeded to become a member of the German Reich or an individual Germanstate. Alter and Monteath (1997) note that there is conflict in Germanyover the special preferences and privileges extended to ethnic Germanminorities from the East. A parliamentary delegate from the CSU, WolfgangZeitlmann, claimed that the reform threatens "the foundation of identityfor the German nation" (Berger, 1999, p. Lacking citizenship means, in essence,that individuals will lack status in the country and its political system.It further means that groups of such individuals will be underrepresentedlegislatively, and vulnerable to racism and discrimination (Hunger, 2 ). The public opinion pollsalso revealed that political party affiliation was a major determinant ofhow a respondent would perceive the presence of foreigners in Germany.Attitudes and Movement Toward Foreigners Nicola Piper (1998) has suggested that there have been ongoingdebates in Germany as to whether or not attitudes toward foreign workersrepresent a racist bias. These children must decide between age 18 and age 23, whether theywish to retain their German nationality or the nationality of theirparents. London: DukeUniversity Press. Berger, D. Nineteenth-century German citizenship: Areconsideration. Hunger, U. Under the terms of the RuStAG, German citizenship was passed onthrough the principle of descent or jus sanguinis rather than theterritorial principle or jus soli. Thus, in 1999 and to the present (when a new law has been created,which will be discussed below), debate among the various German politicalparties has been ongoing. Conclusion This report has provided an overview of issues related to citizenshipin Germany. Barbieri (1998) says that geographically, these populations areconcentrated in the "old" Lander in former West Germany. Barbieri (1998) contends that this gaverise to the political importance of the Volk, in which descent rather thanterritorial location conferred citizenship. In the 199 s, Alter and Monteath (1997) pointed out that 8 percentof all respondents felt that only German citizens should be allowed tovote, 7 percent were in favor of extending the right to political asylum,and 58 percent called for limits on refugees. Opponents ofthe shift have continued to argue that the country will eventually beoverrun by foreigners and that the core of Germany identity would bediminished by moving away from the descent basis of citizenship. Battle lines were drawn up between those whowanted to open the society and grant citizenship to foreign workers whohave apparently become a permanent element in Germany, and those who wantto preserve the "Teutonic status quo" (Berger, 1999, p. Alter and Monteath (1997) make reference toGerman opinion surveys regarding the status and even the presence of thesemigrant workers. Over time, negative attitudes toward these workers appearto have been persistent. The new citizenship and nationality laws allow foreign nationalsliving in Germany a shorter mandatory waiting period for naturalization.It is an offer to facilitate the integration of these groups into the civiccommunity and to close the gap between social reality and citizenshipstatus. Thiscreated a new population of permanent foreign workers, among whom Turkstended to predominate. Available at www.rferl.org/nca/features/1999/ 2/F.RU.99 21214 125.html. Turks, numbered atabout 2 million are by far the largest minority group of migrant workers inGermany (Pfeiffer, 2 ). Germany redefining Germans. Barbieri (1998) states throughout the 196 s and 197 s, there was abroad consensus between the SPD and the Christian Democrats on immigrationpolicy with many members of both parties wanting to ban immigration ofcertain ethnic minorities, such as the Turks. Racism, Nationalism, and Citizenship. Immigration As a Democratic Challenge.Cambridge: Cambridge University Press. (1998). It is a change that many feel is long overdue. Left speak/right speak/newsspeak. Only naturalized ethnic Germans who elected to return to the country underthe asylum policy were allowed to become full participants in the politicalprocess (Hagedorn, 2 ). Chancellor GerhardSchroeder stated that his collation of Social Democrats and greens had toaccept the fact that it could no longer sustain its original plan to permitsome three million foreign residents, including many from Turkey, to havedual citizenship with a German passport and a national passport. Unemployment increases and budgetarystrains caused by the unification of East and West Germany were fosteringgreater tensions with respect to foreign workers. Hunger (2 ) contends that one of the major reasons that the Germanpolitical party system was so reluctant to respond to immigration is that alarge number of immigrants were not entitled to vote. Piper, N. This,coupled with a cap on the number of resettlers allowed each year, hashalted the flow of ethnic Germans from the East, but not stopped itentirely. In pointof fact, the passage of the new citizenship law is evidence that thismovement has occurred. By 1997, this political partyrejected both jus soli, which its leaders saw as "forced Germanization" anddual nationality. Germany's New Citizenship LawsThe Coalition Agreement Between the SPD and the Greens The coalition agreement between the SPD and the Greens, signed inBonn in October 1998, addressed several important issues, including right-wing extremism and measures to combat it, the integration of refugees, andcitizenship. (1999). Approximately 7 million people out of 82million people who live in Germany are foreigners. Party competition and inclusion of immigrants inGermany. This can be due either to the length of their residence ortheir numbers. Available atwww.carf.demon.co.uk/feat 4.html. Rising numbers of arrivals and the cost of the influx(estimated to be at least US $6 billion per year) have created resentmentamong some Germans. Children under the age of 1 at the time of entry into force ofthe reform have similar claims. Who is a German? Until the new law waspassed, the definition of German nationality and the extension ofcitizenship only to ethnic Germans returning to a putative homeland left bytheir ancestors up to 4 years ago, was seen by Rathzel (1995) as a formof xenophobia and racism. Aneditorial in The New York Times (Redefining German citizenship, 1997)stated that the key to German identity is found in the blood, a conceptthat was stressed during the brief period of Nazi dominance during theThird Reich.The Return of Ethnic Germans Alter and Monteath (1997) believe that an unresolved legacy of WorldWar II is ethnic German resettlers or Aussiedler. The Economist, 342(8 11), 45-47. In brief, this party believed that an applicant for German citizenshipmust actively choose this citizenship, creating a contract that would havea normative cultural value. (1993). From then until 1988, the SPD continually attempted tobring its proposals for a new citizenship law to the Bundestag (Barbieri,1998). (1997). What resulted in Germany was a decline in civil society because of theinsistence on assimilation into something uniquely "German" in order to betreated as a full and equal member of German society.Voting Rights for Foreigners Until recently, foreigners simply were not allowed to vote in Germany. Adequate knowledge of German, a clean policerecord, financial self-sufficiency, and a commitment to the Basic Law arealso required for naturalization. (1998). 1). Even the returning ethnic Germans were noteasily integrated into the German volk because of significant differencesin language, culture, and behavior. In all cases, this agreement calledfor eliminating a renunciation of a previous citizenship as a condition ofGerman citizenship. Hagedorn, H. To a degree, the new law can be understood as an attempt to openmeaningful participation in German political, cultural, and social life toindividuals from other countries and national backgrounds.Main Points of the New Legislation The key points of the new legislation include the extension ofcitizenship to children born in Germany of foreign parents at the time ofbirth. Political Parties and Their PositionsThe Christian Democratic Party The Christian Democratic Party's official position on citizenship wasspelled out in a coalition agreement following the 1994 federal election.This approach initially maintained the status quo and denied citizenship tomost foreigners. The New York Times, April1 , 146. This resettlement program included survivors of the twoto three million ethnic Germans who had been deported by Stalin and wereliving in various Russian and Asian provinces of the Soviet Union. In this context, Barbieri (1998) further notesthat some 29 percent of the foreigners living in Germany have done so for2 years or more. Under the terms of the law, multiple nationality, with few exceptions,will not be permitted. The first national citizenship law in Germany was passed on July 22,1913 and was called the Reichs - und Staatsange - horigkeitsgesetz(RuStAG). This has occurred because of a coalition puttogether by the SPD and the Greens. Republicanism and the politics of citizenshipin Germany and France: Convergence or divergence? It has demonstrated that a dramatic shift in defining Germancitizenship has occurred. Critics of this policyquestion whether or not ethnocultural bonds continue to exist between theseresettlers and the new Germany. Naturalization rates haveincreased virtually in tandem with the growth of the electorate, but notsufficiently to convince the political parties that a new citizenship lawwas needed until very recently (Hunger, 2 ). Numerous human rights abuses havebeen recorded and in the late 199 s animosity toward these foreign workersreached an intolerably high level (Left speak/right speak/news speak,1996).Political, Social, and Cultural Inequalities Rathzel (1995) considers the denial of citizenship to any acceptindividuals who can claim "German-ness" to be a major source of political,social, and cultural inequalities in Germany. It was not until 1973, when thegovernment of Willy Brandt imposed a recruitment ban on foreign workersthat the problem became one of significance. On the condition that theindividual can support themselves financially and has no criminal record,the following were to be granted a right to citizenship: 1) foreignerswith eight years legal residence in Germany; 2) foreign minors where atleast one parent holds an unlimited residence permit and who have livedwith this parent as a family member in Germany for five years; 3) foreignspouses of Germans after three years legal residence in Germany if themarriage has existed for two years. (1996). (1997). This groupthroughout the 199 s called for a "postnational" citizenship in which therewould be no need for naturalization. It has also occurred, at least inpart, because Germany is home to many millions of foreign-born non-Germans. Ethics of Citizenship. Exceptions include elderly persons and victims ofpolitical persecution, who may be allowed to retain their previousnationality. Historical Journal, 4 (3), 721-753. Nevertheless, in the 199 s,the SPD had begun to show a marked preference for replacing the traditionaldescent system of citizenship rights with the territorial or residentiallocus for granting such rights.The Free Democratic Party (FPD) and the Greens Barbieri (1998) considered the positions of the FDP and the Greenstogether because their individual views on the citizenship issue have somethings in common and because the two parties have less extensive membershipthan either the SPD or the CDU. Available at www.spd.de/english/politics/Coalition 9.html. Historically, Germany's official construction ofcitizenship was rooted in a romantic understanding of nationhood as anethnic and a cultural community. German Citizenship Laws Introduction The purpose of this report is to examine the evolution of Germany'scitizenship laws. New German citizens would be required togive up their own nationality and become fully vested in Germany itself.In other words, as Barbieri (1998) has noted, anyone wishing to become afull citizen in Germany would need to pay a high price and to demonstratehis or her willingness to adopt Germany as a permanent homeland. The human right to nondomination in modern states is seem by thisanalyst a supporting the provisional right of the political community toexclusion, and a categorical right of all settled residents of a nation topolitical membership. Over the course of the197 s, ethnic Germans were allowed to leave homelands in Eastern Europe andreturn to Germany. The FPD has a policy on the question that Barbieri (1998) sees assomewhat harder to classify. Of all political parties in Germany, theGreens' proposals on citizenship rights have been most radical. Specifically, the agreement called for the creation of amodern nationality law in which children of foreign parents who were bornin Germany would receive German citizenship if one parent was born inGermany or entered Germany before the age of fourteen and possesses aresidence permit (Coalition agreement..., 1998). After World War II and during the period whenGermany was rebuilding, these foreign workers were welcomed in a countrythat needed laborers. Recently, they called for a right tonaturalize in Germany after a residence of no less than 8 years, simple jussoli and general acceptance of dual nationality. Redefining German citizenship. Who is a German. The adoption of a new definition of what German citizenship means andits basis could be understood as indicative of the growing acceptance ofthe permanency of the foreign worker population. Thissituation was finally resolved on October 3, 199 with Germanreunification. In effect, the1973 ban on recruitment provided foreigners with a direct incentive toremain and settle in Germany (Barbieri, 1998).The Settlement of Foreign Workers In the 197 s, the guest workers who had elected to remain permanentlyin Germany began to move their families to Germany (Barbieri, 19998). (1995). The return of these ethnic Germans placed enormous economic stresseson Germany. Aussiedler and Auslander: Transforming Germannational identity. and Monteath, P. Alter and Monteath (1997)suggest that the law aimed at protecting individuals who might not havedocuments proving such a connection and the 1949 law that establishedasylum deliberately exceeded international norms of the time andestablished a new and universalistic standard for citizenship claims. This report will tracethe origins of German citizenship in the context of an explosion of migrantworkers and new government policy on citizenship and migrants. Pfeiffer, C. The partyalso believed that full admission to German citizenship would have no valueand represent no incentive for the interaction of foreign workers into theGerman culture and volk. Government Policy on MigrantsEquality and Group Rights Barbieri (1998) has made a strong case that the rights to politicalmembership or citizenship should be governed by considerations of humanrights. Historical Overview of Citizenship LawsThe Origins of German Citizenship William Barbieri (1998) has stated that it was only in 1871 thatGermany was unified for the first time, but even then its territorialidentity remained vulnerable to frequent and substantial change. (2 ). (2 ). The Social Democratic Party The Social Democratic Party (SPD) is said to have accepted the needto liberalize naturalization requirements while it was still in thegovernment. Barbieri (1998) claims that this concept defined "Germany" andmembership in Germany on ethnocultural lines based on language and culturalbelief. In the case of Germany, the welcome extended to the Aussiedler whoclaim ethnic German heritage has not been granted to the Turks, Asians,Africans, and other ethnic minorities. Rubio-Marin, R. Newsweek,121(24), 38-4 . One possible reason for thecontinued opposition from conservative politicians and political partieswas the belief that an overwhelming number of the potential citizenssupport the ruling center-left political coalition. References Alter, R. Alter and Monteath (1997) maintain that Germany hasbegun to control the potential immigration of millions by passing theAussiedler - Aufnahmegesetz which requires applications for a receptionpermit at German consulates or embassies in the country of origin. Other foreign workers were drawn from EasternEurope and were augmented by immigrants seeking asylum during the finaldecades of Soviet domination of Eastern Europe. Nevertheless, Germany has been moving toward thedevelopment of a multicultural and multiethnic society over the past 2 ormore years. Germany government drops ambitious citizenshiplaw. These are the central provisions of the new citizenship law that has,according to Hunger (2 ) and Hagedorn (2 ), the potential to eliminatethe dependence upon "blood" that had formerly characterized Germanidentity. The Evolution of Public OpinionGerman Opinion Surveys As noted above, Alter and Monteath (1997) reported on the results ofGerman public opinion surveys that sought to determine how Germans feltabout the increased presence of ethnic German refugees and asylum-seekersand foreign or guest workers. Faces, 16(7), 18-22. Citizenship in the German states could be acquired through being inthe civil service, through marriage, settlement, or birth. For guest workers and other "foreigners" who havelived for many years (often up to three decades) in Germany, the issues ofcitizenship are of great importance. However,Rathzel (1995) sees both a universalist and a particularist element inGerman citizenship. Barbieri, W. German Policy Studies, 1 (3), 3 2 - 315. It was expected that the residence of theseforeign workers would be temporary. Eggleston, R. Christian ScienceMonitor, 91 (31), 1. Barbieri (1998) claims thatit was this ban on new recruitment that created a permanent immigrantminority and ended the practice of rotating guest workers. Finally, this agreement also called for speeding upnaturalization, promoting integration by allowing all residents in Germanyto vote in district and local elections, and lowering the waiting periodsto allow spousal residence rights (Coalition agreement..., 1998).Reform of Germany's Citizenship and Nationality Law Broad majorities in Germany's parliament passed new citizenship andnationality laws on January 1, 2 . After the recruitment of workers was halted, a 1974poll revealed that Germans were equally segmented into those who hadunfavorable opinions about the guest workers and those who had favorableopinions. Reform of Germany's citizenship and nationality law. It would, however, be inappropriate to conclude that SPD memberswere united in the belief that full jus soli should be granted to third-generation foreigners, that discretionary naturalization after five yearsshould be permitted, and that dual nationality be accepted. Anabsolute legal entitlement to naturalization was provided in the law. Roland Eggleston (1999) reported that in1999, the Government had to drop a very ambitious plan for opening the wayto citizenship for millions of foreign residents. It has been argued that the models of German citizenshipare dynamic and still evolving (Hagedorn, 2 ). TheEconomist (Who is a German, 1997) reported that while Germany was welcomingforeigners at a rapid rate, it was also continuing to make it difficult forthem to become a German citizen. German Policy Studies,1(3), 243-26 . Thiscase demonstrates the difficulties that arise when a fundamentaltransformation occurs. Rewriting the German Past. It does require that foreigners seeking citizenship learn to speakGerman and to profess loyalty to the Basic Law, Germany's constitution. Barbieri (1998) claims that the need to extendthe rights of German citizenship to ethnic Germans from Eastern Europe maybe less pressing today than it was in the past.Asylum Policy The most common explanation for the resettlement of enormous numbersof ethnic Germans from Eastern Europe is the belief that the culturalheritage of these individuals frequently made them the target for reprisalsduring and after World War II (Barbieri, 1998). The only exceptionto this rule was in local elections, in which immigrants who were nationalsof other European Union countries were allowed to vote. Vermont:Ashgate Publishing Company. The1953 law not only allowed these ethnic Germans to return to Germany and toleave countries behind the Iron Curtain, it also provided generousfinancial assistance to the returning ethnic Germans. The childwould then need to decide by age 23 whether or not he or she wished to holdGermany or other citizenship. Fahrmer (1997) traced the principle ofdescent back to 1815 and through the 1848 revolution and the unification ofGerman states in 1871 and 1886.National Identity in Germany According to Nora Rathzel (1995), the German construction of thenation, as opposed to that of countries such as France, is based on aromantic notion of an ethnic unity rather than on the political will of thepeople. Fahrmer, A. Dual citizenship will also be permitted if an individual candemonstrate that giving it up would bring about considerable economicdisadvantages or problems with property and assets (Reform of Germany's...,2 1).Commentary by a Bundestag Member While most of Germany's political parties ultimately accepted the newlaw, the Bavarian Christian Social Union (CSU) led the battle againstcitizenship reforms. (1997). Hagedorn (2 ) suggests that until 199 , however, the RuStAG was theonly legal basis for naturalization in Germany. However, as Barbieri (1998) notes, theindustrial boom in Germany during the 196 s and early 197 s led to aseemingly limitless demand for labor. Fifty percent of foreigners have ten years or more ofresidence in Germany. (2 ). Rathzel, N. TheFPD joined with other parties to legislate citizenship rights for childrenborn in Germany to foreign parents and guest workers, but early efforts toachieve this modification of traditional descent laws failed.The Political Debates For many years, even decades, the political parties in Germany havebeen locked in debate and controversy over the determination of howcitizenship will be determined. (2 1).Available at http://eng.bundesregierung.de/dokumente/Background_Information/Inside_Germany/The... Finally, in 1996, over 1 5, non-German children were born inGermany, accounting for 13.3 percent of all live births.The Integration of Foreign Workers An important issue confronting Germany before and after reunificationin 199 was the question of how guest workers or migrant workerspermanently placed in Germany should be treated with respect to citizenshiprights (Barbieri, 1998). This has hadlimited influence on the German party system. As recently as the 199 s, surveys revealed that the issue of asylumand foreigners was perceived as one of the most important problems inGermany. In these areas, several large cities have a foreign populationof 15 percent or more. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.