Definition and legal foundations of the passport
Der Passport is an official identification document issued by a state to its nationals or, in exceptional cases, to other persons. Legally, the passport serves as proof of identity and, especially in an international context, as proof of nationality and the associated diplomatic and consular protection rights. The issuance, possession, and use of a passport are comprehensively regulated by law. The passport is legally distinct from other identification documents, such as the national ID card, particularly in its international applicability.
Types and legal nature of the passport
Travel passport
The travel passport is the most commonly used form of passport internationally. It enables international travel and serves worldwide as recognized proof of identity and nationality. In Germany, the travel passport is governed by the Passport Act (PassG) Comparable regulations exist in most nation states.
Diplomatic passport and service passport
In addition to the regular travel passport, there are other types of passports such as diplomatic or service passports. These are issued to members of the diplomatic service or certain government officials and enjoy special privileges in many countries, for example in the form of diplomatic or official immunity. The issuance and legal effects of these passports are regularly governed by special laws or on the basis of international treaties.
Temporary passport
A temporary passport may be issued if a regular passport is not available at short notice. This variant is specifically regulated by passport laws and is generally subject to a shorter validity period and additional restrictions regarding its international recognition.
Children’s passport
The children’s passport is a passport variant issued specifically for minors. In German law, this passport type has meanwhile been replaced by the electronic passport, but can still be found in certain other countries.
Passport law provisions
Passport obligation
Various countries have a general passport requirement, which defines in what situations or for which nationals the issuance or possession of a passport is mandatory. In Germany, the passport obligation and its scope are derived in particular from the Passport Act (§ 1 PassG), supplemented by further provisions in residence law and international law.
Requirements for issuance
The issuance of a passport is subject to legal requirements. These include:
- Proof of nationality
- Submission of personal data and, if applicable, biometric features (e.g. photo, fingerprint)
- No compelling opposing reasons such as withdrawal of passport under § 7 PassG or similar regulations
The competent passport authority checks in each individual case whether these requirements are met.
Content and form of the passport
A passport generally contains the following information:
- Surname and given name
- Date and place of birth
- Nationality
- Passport number
- Period of validity
- Issuing authority
- Photograph and, if applicable, biometric data
In addition, there are international requirements, for example by the International Civil Aviation Organization (ICAO), regarding size, security features, and machine-readable zones.
Passport withdrawal and denial
The Passport Act provides for the possibility of refusing or withdrawing a passport. Reasons for this may include threats to internal or external security, serious criminal offenses or certain breaches of residency law. The authority’s decision is usually accompanied by administrative measures and can be reviewed by a court.
Violations of passport obligations and sanctions
Unauthorized possession, forgery, or misuse of a passport is punishable under all legal systems by administrative or criminal offenses. In the German Penal Code (StGB), §§ 267 ff. (document forgery, passport forgery) are particularly relevant.
Passport in international law
International agreements
The passport is an essential component of international treaties on the free movement of persons and border crossings. For example, the Convention on the Standardisation of Passports or bilateral agreements regulate the mutual recognition and use of passports.
European legal provisions
For EU citizens, travel is facilitated according to the provisions of the Freedom of Movement Directive and the Schengen Implementing Convention. Nevertheless, a national passport remains mandatory, especially when entering third countries or for the determination of Union citizenship.
Special cases and particular legal issues
Stateless persons, refugees and identity documents
Stateless persons and refugees receive special travel documents—legally considered as passports—under the Geneva Refugee Convention or the Convention Relating to the Status of Stateless Persons, although these do not document nationality.
Loss, blocking, and recovery of the passport
In the event of loss, theft, or damage of a passport, there is a reporting obligation to the passport authority. The issuance of a replacement passport is subject to specific documentation requirements and, if applicable, to fees. International agreements govern the obligations to exchange information between states.
Electronic passport (ePass)
With digitalization, the electronic passport was introduced, which, in addition to optical, also contains digital security features and biometric data. In addition to national laws, its legal basis consists of numerous international standards and data protection regulations.
Handling and obligations related to the passport
The obligation for careful safekeeping and non-transfer to unauthorized third parties is expressly regulated in the respective passport laws. The passport must be produced upon request to authorized authorities and, after expiry of validity or renunciation of citizenship, returned immediately.
Summary
The passport is a key travel document as well as proof of identity and nationality with far-reaching legal implications. Its issuance, use, withdrawal, and treatment under international law are comprehensively governed by national and international legal norms. The legal regulations ensure the integrity of the identification document and protect the interests of the respective states as well as the persons concerned.
Frequently asked questions
Who issues the travel passport and what are the legal foundations?
In Germany, the travel passport is issued by the passport authorities of the municipalities (e.g. citizens’ offices, residents’ registration offices). The legal basis for this is the Passport Act (PassG), which regulates the issuance, possession, validity, and use of passports as well as the associated obligations. The application must be made in person by the applicant, who must generally also present valid proof of identity (usually ID card or old passport), a biometric photograph, and, where applicable, proof of civil status and nationality. Special requirements apply to minor applicants, such as the consent of guardians. The application is accepted in writing or electronically, with the authority verifying and recording the identity and nationality. After processing, the passport is produced centrally by the Bundesdruckerei and then handed over to the applicant at the authority.
What obligations arise from possessing a travel passport?
According to the Passport Act, possessing a travel passport entails, in particular, the obligation for the holder to handle the passport carefully and to present it at border crossings if required. Furthermore, the passport holder is obliged to report any loss promptly and without request to the responsible passport authority or the police. If the passport is found again, this must also be reported. The holder may only possess multiple valid passports if he or she can provide a special permit or a legal justification; otherwise, possessing or using multiple valid documents is generally not permitted. In case of a name change or material changes to personal data, there is an obligation to apply for a new passport in good time, as the old one becomes invalid for border crossings.
How long is a travel passport valid and what are the legal consequences of an expired passport?
A German travel passport is valid for ten years for persons aged 24 and over, and for six years for younger persons. Validity begins on the day of issue and ends on the date specified. After expiration, the passport loses its function as a travel document and can no longer be legally used for border crossings. Furthermore, possessing or using an expired passport may have legal consequences, for example, it can be punished as an administrative offense under the Passport Act (§ 16 PassG). Timely extension is not possible; a new passport must always be applied for.
In which cases can the issuance of a travel passport be refused?
The passport authority can refuse to issue a travel passport if there are legal grounds for refusal under § 7 PassG. This applies in particular to cases where a threat to the internal or external security or other significant interests of the Federal Republic of Germany is to be expected. Doubts about identity, lack of or unclear German nationality, ongoing investigations or criminal proceedings, or the existence of a travel ban (e.g. under § 6 PassG in conjunction with the Residence Act or for special security reasons) may also result in no passport being issued. In exceptional cases, the passport authority may also restrict the validity or revoke existing passports.
What legal options are available if a travel passport is lost?
If a travel passport is lost, the person concerned must report this immediately to the competent passport authority or the police. The authority records the loss and generally initiates an alert to prevent misuse. Additionally, it is possible to apply for a temporary travel passport or – when abroad – for a so-called travel document as a passport replacement at a German foreign mission. The legal basis for this is also found in the Passport Act (§ 8a PassG). If a passport previously reported lost is found again, the authority must be informed immediately, as a passport previously declared invalid may no longer be used.
What legal requirements apply to minors when applying for a passport?
When minors apply for a travel passport, specific legal requirements must be met. As a rule, both custodial parents must consent to the issuance (unless there is sole custody or a court order). If one parent refuses consent, the family court can be called upon to decide in the best interests of the child. Depending on age, minors must also appear in person to have biometric data (e.g. photograph and fingerprints – from a certain age) recorded. The legal basis for this is the Passport Act in conjunction with the principles of family law (in particular §§ 1629 ff. BGB). In addition, the authority may impose restrictions on the validity or territorial validity of the passport when necessary to protect the child.
What are the legal particularities concerning a second travel passport?
A second travel passport can be issued upon application and substantiation of a legitimate interest under § 1 para. 2 PassV (Passport Ordinance). Such interests may arise for frequent travelers, for example, if visa applications for different countries are pending simultaneously or if a stamp from one country could cause entry problems in another. The legal prerequisites must be substantiated with evidence. Issuance is always at the discretion of the passport authority, and the second travel passport is also subject to the usual legal requirements and restrictions. The possession of a second travel passport is therefore not a legal right but always requires special justification and examination by the issuing authority.
