Concept and Meaning of Citizen in the Legal Context
The Term Citizen plays a central role in public law as well as constitutional law. In common usage, “citizen” refers to a member of a political community, often used synonymously with resident or national. However, in legal scholarship, the term is more precisely defined and forms a key element for the granting and exercise of civil rights and obligations.
Citizen in Constitutional Terms
In the constitutional context, a citizen is primarily an individual who, by virtue of their nationality, belongs to a particular state community – in Germany, the Federal Republic of Germany. Citizenship is a prerequisite for the exercise of certain constitutional rights (citizens’ rights) and can also entail special obligations.
Nationality as a Central Criterion
In a legal sense, citizenship is generally tied to nationality. In Germany, it is governed by the Nationality Act (StAG). According to this, German citizens are those who possess German nationality. Nationality can be acquired by birth, descent, adoption, marriage, naturalization, or specific statutory requirements.
Union Citizenship under European Law
In addition to national citizenship, Germany’s membership in the European Union creates another relevant category: the Union citizen. Every national of a Member State of the European Union is, according to Art. 20 TFEU (Treaty on the Functioning of the European Union), also a Union citizen. This concept extends the notion of citizenship to the supranational level and grants additional rights, in particular freedom of movement, voting rights at the municipal level, and diplomatic protection by other Member States.
Citizens’ Rights and Duties
Citizenship is associated with both specific rights and obligations. This distinction is essential for understanding the role of the citizen in the legal framework.
Citizens’ Rights
Citizens’ rights are constitutional fundamental rights that are reserved exclusively for citizens. These include in particular:
- Active and passive voting rights: The ability to participate in national elections or to stand as a candidate (Art. 38 GG for the Bundestag, Art. 28 GG for municipal elections).
- Civil equality rights: The right to equal treatment in the public sphere (Art. 33(1) GG).
- Freedom of movement within Germany: The right to move freely and choose one’s residence within the federal territory (Art. 11 GG).
- Freedom of assembly and association: Fundamental rights that are in part reserved for citizens (e.g., Art. 8, 9 GG).
Many other fundamental rights, such as freedom of expression, also apply to foreigners; only selected rights are reserved exclusively for citizens.
Citizens’ Duties
Citizenship entails certain duties. Among the most well-known are:
- Duty of loyalty towards the State: Citizens are bound by laws and the constitutional order.
- Duty to vote: In Germany, there is no obligation to vote, but the right exists.
- Military service: Until its suspension, this duty was linked to citizenship, requiring service in the armed forces (Bundeswehr).
- Tax liability: Independent of citizenship, but in international cases, citizens can be affected by particularities regarding unlimited income tax liability.
- Duty to cooperate in official matters: For example, in the context of a census or elections.
Definition of Citizen in Municipal and Public Law
In public law, especially in a municipal context, the definition of citizen is often more narrowly construed and refers to members of a specific municipality or commune. Citizens of a municipality in this sense are those who have their residence or habitual abode there and are accordingly registered in the municipal register. This results in municipal participatory rights (e.g., participation in citizens’ petitions and referendums) as well as obligations to pay municipal levies.
Citizenship Status and Loss of Citizenship
Citizenship is generally permanent but can be lost under certain circumstances:
- Loss of nationality: For example, by release upon request, by acquiring a foreign nationality (if multiple nationality is not allowed), or by revocation.
- Deprivation of civil rights: In special cases, such as by a criminal court decision, voting rights or eligibility to stand for election may be temporarily revoked (see § 45 StGB).
Furthermore, citizenship ends by death or by fundamental changes of status, such as a change of nationality.
Difference between Citizen, Resident and Foreigner
German law distinguishes between the citizen (national), the resident (person residing locally regardless of nationality), and the foreigner (non-German nationals). Foreigners may also be registered residents, but do not enjoy all the rights reserved for citizens.
Special Features for Union Citizens and Third-Country Nationals
While Union citizens share many rights with German citizens (e.g., the right of establishment and freedom of movement within the EU), third-country nationals are subject to broader residence requirements and restrictions in political participation rights.
History and Development of the Concept
Historically, the concept of citizen developed from the distinction from subjects and non-members. In many constitutions, citizens are defined as holders of civil rights and serve as an integrating figure for political participation and democratic legitimacy. In the 19th century, with the emergence of modern nation states, the equality of all citizens was legally established.
Significance of the Concept of Citizen in International Law
International law, especially in relation to diplomatic protection (Art. 3 Geneva Convention of 1930), also ties rights and obligations to the citizenship of a state. States can only offer legal and consular protection abroad to their own nationals.
Summary
The term citizen is anchored in law in many different ways and encompasses much more than just nationality. It forms the foundation for individual political participation, involvement in democratic processes, state duties, and international legal relations. Precise rules in nationality and constitutional law ensure that citizenship is clearly defined and its legal consequences are assigned. The distinction between citizen, resident and foreigner is fundamental to access to specific state rights and obligations.
Frequently Asked Questions
What rights do citizens have in Germany under the Basic Law?
The citizens of the Federal Republic of Germany enjoy a wide range of rights guaranteed to them by the Basic Law (Grundgesetz, GG). The central citizens’ rights are in particular the fundamental rights pursuant to Articles 1 to 19 GG. These include, among others, the right to free development of personality (Art. 2), equality before the law (Art. 3), freedom of faith, conscience and creed (Art. 4), freedom of expression (Art. 5), freedom of assembly (Art. 8) and freedom of association (Art. 9). In addition, German nationals have specific rights such as active and passive voting rights in federal, state, and local elections, as well as the right of access to public office based on suitability, qualifications, and professional performance (Art. 33 GG). Restrictions of these rights are only permissible on the basis of a formal law and subject to the conditions set out in the respective fundamental right article. The fundamental rights are binding on the legislature, executive, and judiciary as directly applicable law (Art. 1(3) GG).
Are citizens also subject to special obligations towards the State?
Yes, citizens have not only rights, but also obligations towards the State within the legal relationship. Among the most important civic duties is adherence to and observance of the legal order. Furthermore, for male citizens until 2011 in peacetime and still in the event of tension or defence, there was a duty of military service according to Art. 12a GG, although currently military service is suspended. There is also, under certain conditions, a duty to perform service in case of disaster. Another central duty is the obligation to pay taxes pursuant to Arts. 104a ff. GG and the relevant tax laws. Citizens are required to register and deregister their residence as part of residency reporting. Finally, there is a duty to participate in certain proceedings, for example as a witness in court or in the context of a census. Those who evade these obligations must expect sanctions.
Who is considered a citizen in the legal sense in Germany?
German law distinguishes between citizens and residents or persons, especially with respect to nationality. In the narrower sense, citizens are all German nationals as per Art. 116(1) GG. German nationality is a prerequisite for a large number of civil rights, such as the right to vote or access to certain public offices. In addition to nationals, there are special regulations for EU Union citizens; these enjoy certain rights of equal treatment, such as the right to vote in local elections (Art. 28(1) GG in conjunction with EU law). Nationals of other states are not formally citizens in the constitutional sense, but they also enjoy certain basic rights if they are lawfully resident in Germany.
What legal options do citizens have to challenge state measures?
Citizens have various legal instruments at their disposal to challenge state action. The most important legal remedy is the so-called administrative judicial process, in which citizens can file suit before the administrative courts if they believe they have been infringed in their rights by a measure of public authority (Art. 19(4) GG). In addition, in the event of violations of fundamental rights, a constitutional complaint can be brought before the Federal Constitutional Court (Art. 93(1) No. 4a GG, §§ 90 ff. BVerfGG). There are also separate constitutional courts at the state level. In case of infringements of Union law, a citizen may in some circumstances appeal directly to the European Court of Justice. Other legal remedies include complaints to data protection officers or petitions to parliaments.
Is there an obligation for citizens to carry identification?
According to German law, German nationals aged 16 and over are required to possess a valid identity card or, alternatively, a passport (§ 1 PAuswG, § 1 PassG). This obligation serves the purpose of identifying citizens and ensuring public security. However, the obligation to carry ID documents does not mean that these documents must always be carried; only certain situations, such as official transactions or police checks, require the presentation of ID. Failure to comply with the identification requirement can be regarded as a regulatory offence.
What is the difference between citizens’ rights and human rights under German law?
Human rights are universal rights that apply to every person, regardless of their nationality, and directly result from Arts. 1 to 19 GG, such as the right to life and physical integrity (Art. 2 GG) or freedom of expression (Art. 5 GG). Citizens’ rights, however, are rights reserved exclusively for German nationals, in particular the right to vote (Art. 38, 28 GG), freedom of movement (Art. 11 GG), and the right to hold public office (Art. 33 GG). This distinction is based on the protection of state self-determination and democratic participation by nationals.
