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GERMAN CITIZENSHIP

FACT CHECK: Do new German citizens have to affirm Israel’s right to exist?

Two major international news outlets have reported that applicants for German citizenship are required to 'acknowledge the state of Israel’s right to exist'. To what extent is this true?

A German citizenship test.
A German citizenship test. Photo: picture alliance/dpa | Lino Mirgeler

Following the enactment of Germany’s new rules for gaining citizenship, which came into effect on Thursday, some international media outlets have reported that applicants for naturalisation will now need to “affirm Israel’s right to exist”.

US-based CNN, for example, ran an article on Thursday with the headline “Germany demands new citizens accept the state of Israel’s right to exist”.

On Tuesday the UK’s Financial Times had published a similar report titled “New German citizens must acknowledge Israel’s right to exist”.

While the information included within both articles was factually correct, their headlines were misleading.

Applicants are not explicitly required to affirm Israel’s right to exist

Perhaps the most important thing to note is that there is not a portion of the application process under the new law for German citizenship where the applicant needs to verbally state or sign a document acknowledging Israel’s right to exist.

However, as The Local has reported, the government has tightened the citizenship law against hate crime and anti-Semitism in the wake of war in the Middle East, with one federal state – Saxony-Anhalt- vowing to go further and requiring applicants to declare Israel’s right to exist. 

This was pointed out by Berlin-based journalist James Jackson who took to social media to highlight how the Financial Times headline was misleading earlier this week. 

Nevertheless, The Local contacted the German government’s Interior Ministry (BMI) to ask them whether citizenship applicants would be required to declare their belief in Israel’s right to exist, as the headlines in the international media suggested.

In response, a BMI spokesperson pointed out that anyone who wants to be naturalised in Germany “must be committed to the values of a free society…”

The spokesperson added that “anti-Semitic, racist or other inhuman acts are incompatible with Germany’s Basic Law”.

In other words, anti-Semitic acts or statements could be grounds for rejecting a citizenship application.

Journalist James Jackson explained in a video on the issue that an example of this could be if someone had denied Israel’s right to exist in a social media post. This could be seen as reason to reject their citizenship application.

The BMI seemed to confirm this, adding: “If an applicant questions Israel’s right to exist, the citizenship authorities can investigate whether such statements are based on an anti-Semitic attitude”. 

If examples of anti-Semitism are discovered, then the applicant could very well be rejected from being allowed to obtain German citizenship. 

“An effective commitment to the free democratic basic order and to the special historical responsibility of the Federal Republic of Germany and an anti-Semitic attitude are mutually exclusive,” the BMI spokesperson said. 

This lines up with Germany’s ‘Staatsrasön’ or “reason of state”, a political term that former Chancellor Angela Merkel used to emphasise that every government must be committed to “Germany’s special historical responsibility for Israel’s security”.

READ ALSO: What is Germany’s ‘Staatsrasön’ and why is it being talked about so much right now?

Applicants have to share Germany’s values

One part of Germany’s new citizenship rules are changes to the citizenship test, including the addition of questions that deal with the history of Judaism in Germany and anti-Semitism.

One of the added questions asks, “Which act relating to the state of Israel is prohibited in Germany?”

The correct answer is, “Openly calling for the destruction of the state of Israel”.

This is one of 322 questions that may appear in applicants’ German citizenship knowledge test. Some 33 are selected for each test, and applicants need to get at least 17 of them right to pass.

READ ALSO: ‘Special responsibility’ – Why Germany is shaking up citizenship test questions

Law tightened up around anti-Semitism 

The change to the citizenship questions came after a political debate on whether or not potential citizens should be required to formally recognise the state of Israel’s right to exist.

In October 2023 – just a couple of weeks after Hamas’ terror attack on Israel and the outbreak of Israel’s war on Gaza – Christian Democratic (CDU) leader Friedrich Merz suggested adding a signed agreement acknowledging Israel’s right to exist to Germany’s citizenship application process.

READ ALSO: CDU leader calls for German citizenship to be allowed ‘only with recognition of Israel’

This sparked a debate on the constitutionality of collecting said document, which threatened to delay Germany’s citizenship reform even further.

Ultimately, a compromise was reached that included tightening rules against anti-Semitism for citizenship applications, but not requiring applicants to sign a direct statement acknowledging Israel’s right to exist.

German lawmakers have been keen to stress that anyone naturalising as German must have a commitment to Germany’s Basic Law and democratic values. 

The spokesperson for the BMI echoed this in their statement: “Anyone who wants to be naturalised in Germany must be committed to the values of a free society.

“These include, in particular, the dignity and equality of all people. Anyone who does not share these values or even acts contrary to them may not become a German citizen.”

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GERMAN CITIZENSHIP

FACT CHECK: Can Germany’s CDU scrap the dual nationality law?

Even before Germany's new citizenship law came into force on Thursday, the centre-right Christian Democrats (CDU) were threatening to overturn it. Could they really end dual citizenship if they win the next election?

FACT CHECK: Can Germany's CDU scrap the dual nationality law?

As the landmark citizenship reform came into force on Thursday, there was an audible sigh of relief and cheer of jubilation from Germany’s international community. 

But one cloud has been darkening the horizon: the threats from the right-wing CDU party to overturn the reforms the second they come back into power. 

Speaking to DPA on Tuesday, CDU immigration spokesperson Alexander Throm slammed the reform for shortening waiting times for foreigners and allowing people to hold more than one nationality.

“The CDU and CSU will reverse this unsuccessful reform,” he said. “Dual citizenship must remain the exception and be limited to countries that share our values.”

After The Local reported Throm’s comments, foreigners got in touch to express their fears about the law being changed once again. 

Writing on X, Canadian citizen Logan Ouellette, who lives in Berlin, said he was “already anxious” about another potential shake-up. 

So, how likely is it that the CDU and their Bavarian sister party, the Christian Social Union (CSU), will end up in government next year, and could they actually scrap the law?

Here’s what you need to know. 

CDU/CSU could take power – but only with a coalition partner

It’s no secret that the traffic-light coalition parties are currently doing absolutely dismally in the polls, and recent elections have shown a significant lurch to the right in Germany.

In the June 9th EU elections, the CDU/CSU alliance emerged as the clear winners with 30 percent of the vote, while the Social Democrats (SPD), Greens and Free Democrats (FDP) lost 21 points between them. This is backed up by recent polling figures, which consistently show the CDU/CSU on 30 percent or more.

If things stay the same for another 15 months – and that it in itself is questionable – the CDU and CSU look set to be catapulted back into government. 

But even if they do end up as the largest party in the federal elections next year, they are almost certain to need a coalition partner.

As part of its core principles, the centre-right alliance has erected a so-called Brandmauer, or fire-wall, against working with either the far-right AfD or the left-wing Linke party.

READ ALSO: German word of the day – Brandmauer

Pending a massive shake-up of German politics, that would only leave the SPD, Greens or FDP as potential coalition partners – all of whom are in the current government.

Speaking to The Local on Wednesday, Greens immigration expert Filiz Polat rebuffed the notion that the CDU/CSU alliance would ever have the numbers to reverse the citizenship law. 

“The CDU/CSU is completely isolated with its announcement that it will revoke the citizenship law in the event of a change of government,” she said.

Greens immigration expert Filiz Polat

Greens immigration expert Filiz Polat. Photo: Filaz Polat’s parliamentary office

“It was the same with its ‘no’ to the Skilled Labour Immigration Act. All other democratic parliamentary groups in the Bundestag have clearly positioned themselves in favour of a modern citizenship law in a modern country of immigration.”

With the governing parties all speaking out passionately in favour of a liberal immigration policy and citizenship law, it’s hard to see a scenario in which they would agree to scrap it.

READ ALSO: How are Germans reacting to the new citizenship law?

For the SPD in particular, this would be a humiliating move for a party that unsuccessfully fought for years in coalition with the CDU/CSU to make dual nationality a reality. 

The numbers in the Bundesrat don’t add up 

Parliamentary sources have also told The Local that the CDU would need what’s known as an “absolute majority” in the Bundesrat in order to repeal the law. This means getting more than 50 percent of the vote. 

The Bundesrat is the upper house of parliament that is comprised of the 16 state governments, each of which vote together as a bloc.

As an example, this means that if the CDU are in a state coalition with the Greens – as is the case in Baden-Württemberg, for example – both of these parties have to agree on which way to vote in the Bundestag.

If they can’t agree, this counts as an abstention.

The outside of the Bundesrat

The outside of the Bundesrat, Germany’s upper house of parliament. Photo: picture alliance/dpa | Bernd von Jutrczenka

That’s one reason it would be incredibly difficult to get any new attempt to tighten citizenship laws through the Bundesrat – even if a new law made it through the Bundestag.

With the exception of Bavaria, where the CSU governs alongside the Free Voters, or Freier Wähler, party, every single state coalition the CDU is part of involves some combination of of the Greens, SPD and FDP. 

READ ALSO: What would German citizenship mean to foreign residents?

Greens politician Polat emphasised that the reforms to citizenship law would be “good for democracy” and help Germany compete for workers from abroad.

“The high demand for the German passport shows how many people living here want to get involved and have a say,” she said. 

The immigration specialist also slammed the centre-right alliance for harming Germany internationally with its anti-foreigner rhetoric. 

“With its anti-immigration discourse, the CDU/CSU is also damaging Germany’s reputation in the world,” she said. “I am increasingly receiving questions about this issue from abroad.”

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