Name: Daphne Holtmaat

Student number: 10087533

‘Citizenship controversies in Germany: The twin legacy of Volkisch nationalism and the alleinvertretungsanspruch

The emergence of national consciousness in Germany started much later than other countries in Europe. During the Napoleonic wars of Liberation it revealed itself very quickly. As a backlash against the enlightenment, the intellectual Bourgeoisie started a national movement which made people think about sovereignty and an own territorial state with clear borders. Within a decade ethnicity became the main feature of this new nationalism and the Germans were seen as a superior ‘volk’ (people) (Hogwood, 2000).

The citizenship law, originated in 1913, was based on this ‘völkisch’ nationalism. According to this law, German citizenship was transmitted through jus sanguinis (blood lineage), rather than transmitted through jus soli (membership of a state territorial community). This law remained in force until the modification of 15 July 1999. While this new reform is still maintaining the principle of jus sanguinis, it extended the element of jus soli under specific conditions. There is a special law for people of German descent, who are living outside the territorial boundaries of the Federal Republic of Germany (FRG). Those ‘ethnic’ Germans have privileges over other immigrants, as they have the right of German citizenship without limitations (Hogwood, 2000). Of great importance for the development of citizenship was the division of territories as a result of the Second World War. The FRG claimed to have the sole right of representation of the Germans (Alleinvertretungsanspruch) and to be the only true Reich of Germany, completely disclaiming the German Democratic Republic (GDR) any part of it. This separation was the start of the Cold War and as a result of this, the civic-territorial concept of citizenship slowly became more popular in Germany at the expense of the ethno-cultural concept. At the same time other countries in Europe also started to change their ideas around citizenship and nationality and a more ‘constitutional’ approach based on jus soli became more desirable. With the unification in 1990 new issues became important as an enormous mass immigration emerged in the early 1990s (Hogwood, 2000).  Germany hosted a very large number of foreigners and the German public was divided about the issues around mass immigration. The increasing immigration started to caused tension and dissatisfaction in the German state. Hogwood (2000) states that the reason for Germany to be so popular, was because of its stable economy and liberal immigration policy. Kesselman (2009) points out that Germany was one of the most liberal countries, when it came to immigrations and asylum laws and that one of the main reasons for his liberal policy, was the quilt they were still feeling about the Second World War. The Germans saw it as a way to compensate for the Nazis and the repression of all the people.  With a growing number of immigrants after the cold war and the increasing hostility, Germany had to restrict their policies with respect to asylum.

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Hogwood (2000) explains that citizenship is a very sensitive and emotive subject for many Germans. New laws were made in favour of people living within German borders, at the expense of the ‘ethic’ Germans outside the national borders.  That it still is a sensitive subject is shown by the fact that there are still many issues and different opinions about modernise German citizenship law nowadays. Over the last years new laws and acts about citizenship rights have been adopted and reformed. Nowadays Germany is still coming up with additional rules. In 2007 they introduced a new citizenship test (Moore, ...

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