Definition and meaning of the term “Ethnic German”
The term “Ethnic German” refers to a person who identifies with the German people through descent, culture, language, or upbringing, without necessarily holding German citizenship. The term is predominantly used in public law and status law, and is of particular relevance in the context of German history, nationality law, the Federal Expellees Act (BVFG), and in relation to German minorities.
Historical development
Origins up to 1945
Initial legal codifications can be found as early as the late 19th century, but especially in the nationality law of the Third Reich, the concept of the “ethnic German” became a key legal and socio-political category. Distinct from the status of “Reich citizen” and based on ethnic-cultural characteristics, the term was significantly emphasized with the “Law for the Restoration of the Professional Civil Service” (1933) and further regulations in nationality and aliens law.
Postwar period and the Federal Republic of Germany
After World War II, the term was newly contextualized, particularly in response to the issue of refugees and expellees. The Federal Expellees Act of 1953 and its amendments for the first time provided a comprehensive legal framework for the definition and legal treatment of “ethnic Germans” in the sense of expellees and late resettlers.
Legal definition and criteria
Distinction from German citizenship
While German citizenship is governed by the Nationality Act (StAG), “ethnic affiliation” is an independent indicator of ethnic-national membership. In terms of legislation, an ethnic German is a person who identifies with the German people, without necessarily being a German citizen.
Definition according to § 6 BVFG
The Federal Expellees Act (BVFG) is the key legal basis for the term. Section 6 BVFG states:
“Ethnic German is anyone who identifies as German on the basis of his or her language, upbringing, culture or commitment to German ethnicity, provided this commitment is confirmed by certain facts.”
Elements of the offense
The determination of ethnic German status is based on a multi-level assessment:
- Commitment to German ethnicity: Active commitment is a prerequisite. It includes language, upbringing, culture, and a subjective feeling of belonging.
- Objective confirmation: The commitment must be substantiated by facts, for example through schooling in the German language, membership in German associations, participation in German traditions, or documents proving German origin.
- No requirement of German citizenship: Ethnic affiliation is independent of holding a German passport.
Special regulations for persons of German descent
For expellees and late resettlers, mainly from Eastern Europe and the former Soviet Union, the ascertainment of ethnic German status is the prerequisite for granting special legal and social status, particularly within the framework of admission procedures, integration facilitations, and acquisition of citizenship by simplified procedure.
Relevance in current legal regulations
Status law within federal law
The term “ethnic German” carries normative weight in the following relevant laws:
- Federal Expellees Act (BVFG): Definition, admission requirements, legal consequences.
- Nationality Act (StAG): Simplified acquisition of German citizenship for ethnic Germans under the BVFG.
- Civil Code (BGB): Partial regulations regarding marriage, naming, and citizenship status of ethnic Germans prior to legal amendments.
International significance
For German minorities abroad — for example, in Poland, Romania, Russia, or other countries in Eastern and Southeastern Europe — recognition as an ethnic German serves as the basis for provisions of international agreements or bilateral treaties, particularly with regard to minority rights and consular assistance.
Legal consequences of recognition as an Ethnic German
Admission procedure and legal status
Recognition as an ethnic German according to § 6 BVFG entitles certain individuals (or groups) to carry out admission procedures in the Federal Republic of Germany. Upon successful completion of this procedure, the following rights are granted:
- Right to enter and reside (§ 27 BVFG)
- Right to naturalization: Facilitated and prioritized acquisition of German citizenship according to § 40a StAG, provided all other requirements are met.
- Integration benefits: Entitlement to integration assistance, potentially including support for accommodation, social benefits, and access to support programs.
Particularity of the commitment
The public, verifiable commitment to German ethnicity is a key point of reference. In administrative proceedings, courts and authorities apply strict standards to the credibility of the attributes, especially if there are doubts about the seriousness or continuity of the commitment.
Evidence requirements
Various types of evidence are possible for recognition, such as:
- Documents proving German descent or birth,
- School and training certificates with German as the language of instruction,
- Membership certificates in German cultural or church associations,
- Witness statements, confirmations from local German associations or communities.
Authorities examine the authenticity and plausibility of all evidence on a case-by-case basis.
Distinctions and related terms
Difference from the status of ‘late resettler’
According to § 4 BVFG, late resettlers are ethnic Germans who lived in an area outside the current Federal Republic of Germany and entered Germany after expulsion or resettlement following World War II. Thus, ethnic affiliation is a prerequisite, while the status of late resettler is a resulting status with its own legal consequences.
Not a synonym for German citizenship
Ethnic Germans are not automatically German citizens. German citizenship is acquired only by separate naturalization or by being born to German parents.
Significance in the context of integration, migration, and minority policy
Protection and support of German minorities
The definition and recognition as an ethnic German is a key element of minority policy, especially for the preservation of the German language, culture, and identity in foreign countries. This enables programs for language promotion, cultural preservation, and financial support.
Migration and return
For returnees from Eastern Europe and other countries, the determination of ethnic German status is key to facilitations in entering Germany and for social integration.
References and sources
- Federal Expellees Act (BVFG), especially §§ 6, 15, 27
- Nationality Act (StAG)
- Federal Ministry of the Interior: “Administrative Regulation on the Federal Expellees Act”
- Federal Agency for Civic Education: Dossiers on Flight, Expulsion, and Resettler Policy
- Federal Administrative Court, Judgment of 26.11.2019 – 1 C 38.18
Summary
The term “Ethnic German” has a multifaceted, legally codified meaning and is central to issues of German nationality law, expellee and late resettler policy, and minority protection. It is clearly distinguished from the concept of citizenship and forms the legal basis for specific entitlements, admission procedures, and rights for German minorities abroad and for those with a permanent residence outside the Federal Republic.
Frequently Asked Questions
What legal evidence is required to establish ethnic German status?
To legally establish ethnic German status, extensive evidence is usually required. The most important documents in this context are civil status certificates (such as birth, marriage, or death certificates) that prove descent. In addition, historical documents are required to demonstrate belonging to an ethnic German group, commitment to German ethnicity, and use of the German language. These include, for example, certificates of registration from former settlement areas, diplomas, school or work certificates that document either German nationality or the use of German as everyday language. Membership cards in German associations or church certificates are also often relevant. The authority examines the credibility of all documents, and originals or officially certified copies must be submitted. If there is no direct proof, so-called credible sworn statements may be accepted to a supportive extent, though rarely as sole evidence.
Which statutory provisions affect ethnic Germans under the Federal Expellees Act (BVFG)?
The Federal Expellees Act (BVFG) defines and regulates the status of ethnic Germans in detail. Section 6 BVFG determines who is considered an ethnic German: It includes persons who have committed themselves to the German ethnic community, maintained the German language, and have been traditionally integrated into the German cultural sphere. Other important provisions concern the acquisition of late resettler status (§ 4 BVFG) and proof of expulsion or flight from certain areas of origin. The BVFG sets explicit requirements for the commitment to German ethnicity before a specific date (usually 1945 to 1993) as well as for the circumstances of expulsion following postwar events in Central and Eastern Europe. The corresponding sections also regulate admission procedures, cooperation duties and the legal consequences of recognition.
What privileges or legal consequences result from recognition as an ethnic German?
Recognition as an ethnic German triggers various legal consequences, especially with regard to the right of residence and the acquisition of German citizenship (§ 7 BVFG). Recognized ethnic Germans who come to Germany as late resettlers have the right to be granted a residence permit and to be naturalized quickly if the other statutory requirements are met. Admission as a late resettler is accompanied by equal treatment with German citizens, including access to social security systems, direct entry into the labor market, as well as access to educational and support measures. They also receive preferential treatment in family reunification. Commitment to and proven membership in the German ethnic community are therefore central to accessing extensive integration benefits and a preferred legal status within the German legal system.
How does the establishment of ethnic German status differ from the establishment of citizenship?
The establishment of ethnic German status is an independent legal procedure and fundamentally differs from the establishment of German citizenship. While ethnic affiliation includes factors such as language, culture, and commitment to German ethnicity (mainly determined historically and socially), citizenship is formally governed by birth, descent, or naturalization under the Nationality Act (StAG). Recognition as an ethnic German is of particular relevance for late resettlers under the BVFG but does not automatically constitute German citizenship and may instead be a prerequisite for its facilitated acquisition. The procedures are managed by different authorities (resettlement or naturalization authority) and require different documents and evidence.
Can descendants of ethnic Germans also assert claims?
Descendants of ethnic Germans may, under certain conditions, claim recognition as late resettlers or the corresponding legal consequences. According to § 7 BVFG, regulations also extend to spouses and descendants (children, grandchildren), provided they entered together with the recognized late resettler and can demonstrate their German language skills. It is crucial that the commitment to German ethnicity is also proven among the descendants, for example, through the active preservation of the German language and culture. The requirements for credibility are examined with increasing strictness for descendants, so comprehensive evidence and, if necessary, language tests are required. Children born in Germany after entry usually acquire German citizenship automatically if a parent already holds it.
Which authority is responsible for examining and recognizing ethnic German status?
The primary body responsible for verifying and recognizing ethnic German status in matters relating to late resettlers is the admissions office of the Federal Office of Administration (BVA). The BVA processes admission applications pursuant to § 27 BVFG and, in cooperation with the relevant state authorities (e.g., expellee offices), examines whether all legal requirements are met and whether adequate evidence of ethnic German status is provided. Parallel to recognition as a late resettler, verification is often carried out by external offices in the country of origin (such as German consulates) to evaluate the authenticity of the submitted documents and the claimed ethnic affiliation. The final decision rests with the BVA, whose decision can be appealed if necessary.
