Legal definition and significance of the term “Deutscher”
The term “Deutscher” (“German national”) has a clear and comprehensively regulated meaning in German law. It refers to legal affiliation with the nationality of the Federal Republic of Germany and is fundamental for numerous legal consequences, such as in nationality law, constitutional law, immigration law, as well as in electoral and social law. The definition and delineation of German citizenship are mainly governed by the Nationality Act (StAG) and the Basic Law (GG).
Legal Bases and Clarification of Terms
Constitutional Definition
The relevant constitutional basis for the term “Deutscher” is provided by the Basic Law for the Federal Republic of Germany:
Article 116 Paragraph 1 GG
“A German within the meaning of this Basic Law, unless otherwise provided by law, is anyone who possesses German nationality or who has been admitted to the territory of the German Reich as of December 31, 1937, as a refugee or expellee of German ethnic origin or as their spouse or descendant.”
This distinguishes two groups:
- Individuals with German nationality,
- certain groups of German ethnic origin who were admitted in connection with flight and expulsion after the Second World War.
Nationality law is primarily linked to the first group, citizenship.
Definition according to the Nationality Act (StAG)
The Nationality Act comprehensively regulates who holds German nationality, as well as the acquisition, loss, and determination of nationality.
- § 1 StAG: Defines German nationality according to the provisions of the law.
- Additional provisions for special groups, e.g., late repatriates (§ 4 para. 3 StAG, § 7 StAG).
Acquisition of German Nationality
Acquisition by descent (principle of descent)
§ 4 Para. 1 StAG
A child acquires German nationality at birth if one parent possesses German nationality at the time of birth.
Acquisition by birth in the country (principle of birthplace)
§ 4 Para. 3 StAG
Under certain conditions, a child acquires nationality at birth in the federal territory even if the parents are not German (so-called ius soli), for example, if one parent has lawfully resided in Germany for eight years and holds an unlimited right of residence.
Acquisition by naturalization
German nationality can be acquired upon application in various ways:
- Regular naturalization: After eight years of lawful residence, demonstrated integration, financial independence, and loyalty to the liberal-democratic basic order (§ 10 StAG).
- Facilitated naturalization: For spouses and minor children of Germans (§§ 9, 6 StAG).
- Re-naturalization or options procedure (e.g., for former Germans or their descendants, or for certain descendants of victims of Nazi persecution according to Art. 116 para. 2 GG).
Acquisition by acceptance as a child and adoption
A minor foreign child automatically acquires German nationality upon valid adoption by German parents (§ 6 StAG).
Loss of German Nationality
German nationality can generally only be lost under certain conditions stipulated by law.
Important grounds for loss
- Acquisition of a foreign nationality upon one’s own request under certain conditions (§ 17 StAG), with dual nationality increasingly permitted through exceptions.
- Declaration of renunciation (§ 26 StAG), by formal declaration before a German authority.
- Release upon application (for example, in the case of imminent acquisition of another nationality, § 18 StAG).
- Child not accepted by a German after birth abroad (§ 4 para. 4 StAG).
- Revocation in case of naturalization fraud (§ 35 StAG).
- Leaving the German national association by acquiring a foreign nationality without official permission (dual nationality), unless an exception applies.
Automatic loss after a prolonged stay abroad does not generally occur under German law.
Deprivation of nationality
Deprivation of German nationality against the will of the person concerned is only permitted under very strict constitutional requirements (Art. 16 GG, § 28 StAG). Since June 2019, deprivation is possible, for example, in cases of membership in a terrorist organization under certain conditions (§ 28 StAG).
Rights and Duties of Germans
German citizenship confers a wide range of rights and duties that significantly determine the relationship between the individual and the state:
Essential Rights
- Freedom of movement throughout the federal territory (Art. 11 GG).
- Right to vote at all political levels (federal, state, local, European elections).
- Access to public office (Art. 33 GG).
- Diplomatic and consular protection abroad.
Essential duties
- Loyalty to the Basic Law, obedience to the laws.
- Mandatory military service (currently suspended, Art. 12a GG).
- Compulsory service in the event of a disaster.
Special status: Status Germans, expellees, late repatriates
Certain groups of people enjoy special protection under Art. 116 GG as “Germans within the meaning of the Basic Law,” even if they have not formally acquired German citizenship or not yet. This includes, above all, expellees and late repatriates under the Federal Expellees Act (BVFG). Details are governed by § 6 BVFG.
Dual and Multiple Nationality
German law generally aims to avoid multiple nationality (§ 10 para. 1 no. 4 StAG). There are exceptions, such as for EU citizens, Swiss nationals, German children from bi-national marriages, or in certain cases of public interest.
Determination of German Nationality
The determination of German nationality is ascertained, if in doubt, by issuing a certificate of nationality (§ 30 StAG), if proof is required, for example, for authorities, for access to certain rights, or abroad.
Proof: Identity documents
Possession of a valid German passport or identity card is presumed to indicate German nationality (§ 18 PAuswG, § 4 para. 1 PassG).
Historical Development
Nationality in its current sense arose in the Federal Republic of Germany after the Second World War but developed from historical antecedents (for example, in the German Empire: imperial and state nationality). The term “Deutscher” remained consistently closely tied to nationality and membership of the German ethnic group.
Distinction from Other Groups
Non-Germans under German law are generally foreigners or stateless persons. Their legal status is primarily regulated in the Residence Act (AufenthG), Asylum Act (AsylG), and Nationality Act.
Significance in the International Context
Many rights and privileges under the Basic Law and statutory laws are granted exclusively to “Deutsche”. Nevertheless, European Union law guarantees all EU citizens numerous comparable freedoms and rights.
References (Literature and Statutes)
- Basic Law for the Federal Republic of Germany (GG)
- Nationality Act (StAG)
- Identity Card Act (PAuswG) and Passport Act (PassG)
- Federal Expellees Act (BVFG)
- Residence Act (AufenthG)
- Federal Election Act (BWahlG)
Conclusion
The term “Deutscher” in German law is essentially defined by nationality and, in specific exceptional cases, encompasses additional groups related to German ethnicity. The associated rights, duties, and legal implications are detailed by numerous legal regulations. Nationality is a fundamental organizing principle for the modern state and subject to special legal protection.
Frequently Asked Questions
Who is legally considered a German according to the Basic Law?
According to Article 116 paragraph 1 of the Basic Law (GG), a German is anyone who possesses German nationality or who, as a refugee or expellee of German ethnic origin, was granted the legal status of a German in the territory of the German Reich as of December 31, 1937. German nationality is mainly acquired by descent (ius sanguinis), i.e., through the birth of at least one German parent, or through naturalization. Furthermore, persons recognized as late repatriates under the Federal Expellees Act are also legally deemed to be German, even if they were born abroad. This classification has significant legal consequences, particularly regarding the right to vote, freedom of movement within the European Union, access to certain public offices, and entitlement to diplomatic protection by the Federal Republic of Germany.
How is German nationality acquired by birth in the country (ius soli)?
Since the reform of nationality law in 2000, the ius soli applies to a limited extent in addition to ius sanguinis. Children of foreign parents acquire German nationality by birth in Germany if one parent has had lawful habitual residence in Germany for at least eight years and holds an unlimited right of residence (e.g., permanent settlement permit or EU long-term residence permit). These children thus automatically receive German nationality at birth, but must declare between the ages of 18 and 23 which nationality they wish to retain (option requirement, which was relaxed in 2014 and no longer applies in certain cases). The relevant examination is carried out by registry offices and naturalization authorities.
Under what conditions can a foreigner be naturalized?
According to § 10 StAG (Nationality Act), naturalization generally requires that the applicant has lawfully resided in Germany for at least five years (until June 2024 it was eight years), commits to the liberal democratic basic order of the Basic Law, is generally able to support themselves financially, has not committed any serious crimes, and has sufficient knowledge of the German language as well as fundamental knowledge of the German legal and social system and living conditions (naturalization test). As a rule, the law also requires that previous nationality be relinquished; however, there are exceptions, especially for EU citizens and nationals of countries where renunciation is almost impossible or associated with considerable disadvantages.
Can German nationality be revoked or withdrawn?
According to Article 16 paragraph 1 GG, German nationality may not in principle be withdrawn. However, under § 17 StAG, nationality may be lost if the person concerned voluntarily acquires a foreign nationality and does not apply for or receive permission to retain it. Loss can also occur by renunciation (§ 26 StAG), adoption by a foreigner (§ 27 StAG), or subsequent revocation of a fraudulently obtained naturalization (§ 35 StAG). Active deprivation, on the other hand, is constitutionally inadmissible except for certain special rules introduced since 2019, for example in cases of joining terrorist organizations – but this is strictly limited and safeguarded by legal remedies.
What special legal provisions apply to Germans with dual nationality?
German law only permits dual nationality in exceptional cases. Special rules apply to children who acquire multiple nationalities at birth and grow up in Germany (“option requirement”), as well as for countries where renunciation of previous citizenship is impossible or unreasonable. In such cases, those affected retain both nationalities legally. These persons, especially abroad, may face special legal situations because the applicable law varies by country of residence. In Germany, they are always treated as Germans (§ 3 para. 2 StAG), which is highly significant for rights and obligations (e.g., military service, access to public office, protection by German consulates).
What rights and obligations result from legal status as a German?
German citizens are constitutionally guaranteed rights such as the right to vote at federal, state, and local level (depending on residence), freedom of movement within Germany and the European Union, the right to obtain a German passport and identity card, and consular protection abroad by the Federal Republic of Germany. At the same time, they also have civic duties, including compliance with tax laws, general civic loyalty, and completing official identification documents. Military service previously applied, which is currently suspended but not abolished.
Can former Germans regain citizenship?
Former Germans who lost their citizenship, for example, by acquiring a foreign nationality without retention approval or by renunciation, may be naturalized again under certain conditions. Section 13 of the Nationality Act (StAG) permits re-naturalization without the usual naturalization requirements under certain historical or familial circumstances (particularly in cases of persecution due to Nazi injustice or for political reasons). The decision is at the discretion of the competent nationality authority, with particular consideration given to integration criteria and the existence of public interests.
