Definition and Explanation of the Term: Right of Admission
Das Right of Admission refers to the legal framework governing the admission of natural persons to a specific area, typically in connection with a change of residence or taking up residence from within or outside the country. The right of admission determines under what conditions a person has the right to move into a municipality, a region, a federal state, or a country, as well as the associated permit and registration procedures. In a narrower sense, the right of admission is particularly used in the context of immigration and migration law, but it also covers domestic relocations, for example, within Germany or the European Union.
Historical Development of the Right of Admission
The right of admission is historically closely linked to the transformation of state and municipal order structures. During the Middle Ages and early modern period, restrictive admission permissions and so-called settlement restrictions often existed. However, the right of admission was gradually developed with increasing liberalization and the introduction of freedom of movement. In modern constitutional states, especially within the European Union, the principles of freedom of movement and the prohibition of discrimination form fundamental pillars.
Legal Basis of the Right of Admission
Domestic Right of Admission
Freedom of Movement under the Basic Law
In Germany, Article 11 of the Basic Law (GG) guarantees the fundamental freedom of movement. This is understood as the right to reside and establish one’s residence at any place within the federal territory. Restrictions are only permitted under narrowly defined, legally regulated conditions, such as for reasons of public safety and order. Special regulations regarding this are provided in the Federal Registration Act (BMG), which primarily governs registration obligations when moving to a new municipality.
Restrictions on Freedom of Movement
Restrictions on the domestic right of admission may apply in particular situations such as quarantine measures, police orders, or actions under the Infection Protection Act. Additionally, special state-level characteristics may exist, such as the imposition of residence requirements for certain groups (e.g., recognized persons entitled to asylum), which can exist temporarily.
Right of Admission in the Context of Immigration Law
Residence Law Requirements
Non-EU foreigners generally require a residence permit in accordance with the Residence Act (AufenthG) to move into Germany. The conditions for admission include, among others:
- Purpose of stay (e.g., employment, education, family reunification, asylum)
- Proof of secured livelihood
- Adequate housing
- Proof of insurance
Regulation (EU) 2016/399 (Schengen Borders Code) and other EU directives also affect national rights of admission.
Special Features in Family Reunification
The right of admission also includes special provisions for family reunification. These are subject to special requirements depending on the residence status and nationality of the sponsor. Important factors include, among others, language skills, securing of livelihood, and housing.
Right of Admission within the European Union
Through the Union citizenship citizens of EU member states and their family members are generally entitled to reside and live in any EU member state without any special permit (see Directive 2004/38/EC, Directive on the right of residence). Restrictions may apply, for example, if no gainful employment is pursued and subsistence is not secured or for reasons of public safety.
Administrative Procedures and Registration Obligations in Connection with Admission
Registration and Taking up Residence
According to the Federal Registration Act, newcomers are obliged to register with the residents’ registration office within two weeks after moving into a new apartment. This registration serves for official documentation and is a prerequisite for numerous administrative processes (e.g., vehicle registration, application for identification documents).
Residence Requirements and Admission Restrictions
In certain cases, residence requirements may be imposed, for instance, on recognized refugees or within the framework of social policy measures by individual federal states and municipalities (for example, to prevent segregation or to promote targeted integration).
Right of Admission and the Fundamental Right to Freedom of Movement
The constitutionally protected right to freedom of movement sets strict limits for the legislator regarding the scope to restrict rights of admission. Any limitations must comply with the principle of proportionality and are confined to cases involving compelling reasons of public interest. In Germany, decision-making authority lies with the federal government and the states within their respective legislative competences.
Relevance of the Right of Admission for Society, Administration, and Jurisprudence
The right of admission has significant effects on the social, demographic, and economic development of municipalities and regions. Legally, it is important in issues involving social legislation, integration policy, urban development, housing markets, and municipal infrastructure planning. Courts regularly review the compatibility of government measures with the constitutional and European law requirements concerning admission.
Summary
The right of admission is a comprehensive and multi-layered area of law that regulates the conditions for taking up residence in a new place. It affects both domestic and international scenarios, with key provisions in the Basic Law, residence law, EU law, and various administrative regulations. The statutory requirements aim to balance individual freedom with public order interests, with the protection of freedom of movement always at the forefront.
Further Literature and Legal Foundations
- Basic Law for the Federal Republic of Germany (Art. 11 GG)
- Residence Act (AufenthG)
- Directive 2004/38/EC on the right of residence
- Federal Registration Act (BMG)
- Case law of the Federal Constitutional Court and the European Court of Justice
For more in-depth information, it is recommended to consult relevant commentaries and current case law on the right of admission.
Frequently Asked Questions
Who is generally entitled to move into a German municipality?
Legally, the right of admission is governed by German registration law and applies to both German citizens and foreign nationals with a right of residence. As a rule, every German has the right to choose and relocate their place of residence freely within Germany (Art. 11 GG). A lawful move into a municipality requires proper registration according to the Federal Registration Act (§ 17 BMG), and registration must be completed within two weeks after moving into the new home. For foreign persons, additional residency law provisions apply, such as a valid visa, residence permit, or settlement permit pursuant to the Residence Act (AufenthG). The right of admission may be affected by special local regulations, for example, by the prohibition of misappropriation, urban development measures, or a residence requirement due to asylum or social law stipulations.
What legal obligations arise from moving into a municipality?
Moving into a municipality involves several legal obligations. First, registering the place of residence at the relevant residents’ registration office is mandatory. Failures may be penalized as administrative offenses. Landlords are required to provide the tenant with a landlord’s confirmation (§ 19 BMG). In addition, tax-related changes (e.g., registration with the tax office) must be considered where applicable. The new place of residence may also entail obligations regarding waste disposal, broadcasting fees (broadcasting contribution ARD/ZDF), vehicle re-registration, and registering dogs. For children of compulsory school age, there is an obligation to enroll at a school.
Can authorities legally restrict or prohibit a move?
Authorities may restrict or prohibit a move in certain legally defined cases. For example, residence restrictions (residence requirements, § 12a AufenthG) may be imposed on foreigners with residency law conditions, often as part of integration measures, social benefits, or in connection with asylum procedures. Restrictions or prohibitions by court order may also apply to persons under legal care and in cases where public safety and order is at risk. However, under registration law, there are generally no restrictions for German citizens without special reason. Furthermore, state legislation, such as in the misappropriation law for housing, can lead to de facto restrictions.
What are the consequences of violating the registration requirement upon moving?
A violation of the registration requirement constitutes an administrative offense under the Federal Registration Act (§ 54 BMG). If registration is not submitted, submitted incorrectly, incompletely, or not on time (within two weeks of moving in), it can be fined up to 1,000 euros. In cases of intentionally false information or multiple registrations, higher fines or even criminal investigations for suspected fraud (e.g., in connection with social benefits) may result. Failure to fulfill the registration requirement can also cause problems in accessing public services, obtaining documents, or exercising the right to vote.
Are there special legal regulations for the admission of EU citizens?
Yes, special legal provisions apply to EU citizens based on the right of free movement under the Free Movement Act/EU (§ 2 FreizügG/EU). EU citizens and their family members have the right to stay in Germany and to acquire accommodation if they meet the requirements of free movement, meaning in particular workers, self-employed persons, students, or those with sufficient means of subsistence. There is an obligation to register under the Federal Registration Act, but no further residency law conditions. Only in exceptional cases (such as crimes or threats to public safety) can the right of residence be restricted. EU citizens do not need to apply for a residence permit but must be able to prove they meet the requirements for free movement.
How does the right of admission apply to minors and persons under legal care?
For the admission of minors, those with parental authority regularly decide on the place of residence. The move requires that custody or the right to determine the child’s residence is properly exercised. For adults under legal care, the move is based on the statutory care provisions; the guardian must consent to the move and carry out the registration. A guardianship court order may be necessary, especially if the move has a significant impact on the person’s well-being or if it involves a move to a care facility.
What legal specialities apply for the admission of refugees and asylum seekers?
Special, restrictive admission rules for refugees and asylum seekers are set out in the Asylum Act and the Residence Act. During an ongoing asylum procedure, a residence obligation usually applies, meaning affected persons are assigned to a specific area (initial reception center, district, federal state) which they may only leave with permission (§ 56 AsylG). After protection status is recognized, a residence requirement under § 12a AufenthG may be imposed, for example, within the framework of integration promotion or for the even distribution of social burdens within Germany. Only after such requirements are lifted may refugees freely choose their place of residence within Germany. Here too, the registration obligation under the Federal Registration Act applies.
