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Could Germany’s dual nationality law be reversed?

With a growing hostility towards migration in Germany, there are fears that new rights for foreigners - most notably the holding of dual nationality - could be reversed after the next nationwide election. How likely is that?

A view of the Bundestag in Berlin on a rainy day
The German flag waves outside the Bundestag in Berlin on a rainy day. Photo: picture alliance/dpa | Christoph Soeder

In an article assessing Germany’s latest migration figures this week, Die Zeit raised a pertinent question: “What is actually out of control here,” asked journalist Mark Schieritz. “The migration, or the debate?”

While the number of asylum applications has been sinking dramatically this year – along with the number of so-called economic migrants – the discussion around migration has been building to a fever pitch.

In response to huge gains by the far-right AfD in both EU and eastern state elections, the government immediately sprung into action, extending controversial checks along all nine of Germany’s foreign borders.

READ ALSO: How Germany’s increased border checks will affect travel from neighbouring countries

Chancellor Olaf Scholz (SPD) declared his intention to carry out “deportations on a grand scale” as mainstream parties met for a migration summit that quickly collapsed in disagreement.

At the same time, anti-migrant rhetoric has been ramping up, causing Deutschlandfunk to draw parallels with the early 1990s, when Germany saw a spate attacks against both refugees and foreigners who had been settled in the country for decades. 

All of this feels very far removed from the Germany that has been desperate to court skilled foreigner workers over the past year, and that has fought to overturn a decades-long ban on dual nationality – which finally happened in June.

But it has caused some to wonder if the tide could be shifting, and if hard-won rights like dual nationality could be set to go out of the window. Here’s where things stand at present.

Threats from the CDU 

The biggest threat to the dual nationality law arguably comes from the centre-right Christian Democratic Union (CDU) and Christian Social Union (CSU) parties, who are long-standing opponents of the bill.

Shortly after the new citizenship law entered into force back in June, immigration spokesperson Alexander Throm told DPA that the parties intended to scrap it. 

“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.”

CDU politician Alexander Throm speaks in a debate in the German Bundestag

CDU politician Alexander Throm speaks in a debate in the German Bundestag. Photo: picture alliance/dpa | Christoph Soeder

But is this all hot air from a party that has vehemently campaigned against dual nationality for years on end? In the opinion of most political experts, the answer is yes. 

“The CDU’s announcement that they would abolish the authorisation of dual citizenship is a desperate attempt to react to the growth of the AfD,” Nils Diederich, a political scientist at Berlin’s Free University, told The Local.

However, the party is unlikely to have the numbers in parliament to do so – even if they win the next election.

That’s because Germany’s system tends to rely on coalition governments, and every single one of the CDU and CSU’s viable coalition partners – the Greens, the Social Democrats (SPD) and the Free Democrats (FDP) – supports dual nationality. 

This was backed up by Greens immigration expert Filiz Polat, who told The Local: “The CDU/CSU is completely isolated with its announcement that it will revoke the citizenship law in the event of a change of government.”

READ ALSO: Can Germany’s CDU scrap the dual nationality law?

Furthermore, the CDU and CSU are highly unlikely to ever have the numbers in the Bundesrat to change the law. The upper house of parliament is comprised of state coalition governments that all need to agree in order to vote in favour of legislation. 

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. As the parties who worked on and ultimately passed this law, they are unlikely to agree to overturn it. 

What about the far-right AfD?

Many foreigners in Germany are understandably worried about the rise of the extremist Alternative for Germany (AfD) party, who seem to be going from strength to strength lately.

In Bundestag debates on the new citizenship law, the AfD spoke out vehemently against the changes – a stance that is reiterated in the party’s Grundsatzprogramm, or key policy programme. 

“The AfD rejects the ‘double passport’, i.e. the acquisition of German citizenship with the simultaneous continuation or acquisition of another citizenship,” the party writes. “Although this does not rule out well-founded special cases.”

In addition, they say, the requirements for naturalisation must be significantly increased.

A car drives past a billboard displaying an election campaign poster for Alternative for Germany (AfD) with the lettering 'The east is doing it - class in German' in Altenburg, eastern Germany on August 20th

A car drives past a billboard displaying an election campaign poster for Alternative for Germany (AfD) with the lettering ‘The east is doing it – class in German’ in Altenburg, eastern Germany on August 20th. Photo by JENS SCHLUETER / AFP

In spite of their recent successes in eastern states, however, the far-right party is still a long way away from seizing power in Germany on a national level (or even at the state level). 

That’s primarily because all the major parties – including the CDU – have what’s known as a Brandmauer, or firewall, in place, that prevents them from formally cooperating with the AfD. 

READ ALSO: Could the far-right AfD ever take power in Germany?

So, even if the CDU and CSU parties technically have the numbers to enter a coalition with the AfD after next year’s federal elections, the party’s constitution explicitly forbids them from doing so.

Any informal agreement – such as a pact to overturn the dual nationality law, for example – would also be politically toxic, and would almost inevitably split the party. 

Where does the government stand?

Currently, the so-called traffic light coalition of the SPD, Greens and FDP – named after the parties’ three colours – is engaged in something of a balancing act.

While the rhetoric around migration has taken on a much more combative tone, the coalition has set a clear dividing line between legal skilled migration and uncontrolled, irregular migration.

In a fiery speech in the Bundestag on September 11th, Scholz emphasised Germany’s desperate need for migration to combat current labour shortages. 

“There is no country in the world with a shrinking labour force that has economic growth,” he said. “That is the truth that we are confronted with.”

The chancellor also noted that Germany’s constitution mandates the protection of people who face danger and persecution. In other words: asylum seekers. 

“Openness to the world is therefore necessary,” he explained. “But cosmopolitanism does not mean that anyone who wants to can come. We must be able to choose who comes to Germany.”

German Chancellor Olaf Scholz Bundestag

German Chancellor Olaf Scholz (SPD) gives an impassioned speech during the general debate on the budget on September 11th, 2024. Photo: picture alliance/dpa | Kay Nietfeld

According to political scientist Diederich, this cuts to the heart of the current issue.

“The authorisation of multiple citizenship has little to do with unregulated immigration,” he told The Local. “Naturalisation is granted to people who have been living legally in Germany for several years and who have successfully integrated into German society.”

On the other hand, Diederich said, the fear of “foreign infiltration” through unchecked, irregular and unwanted migration is being fuelled for political purposes. 

“It’s not only the AfD doing this,” he added. 

READ ALSO: Debt, migration and the far-right – The big challenges facing Germany this autumn

At present, the government seems laser-focused on dividing their pro-migration policies – like the recent skilled worker law and citizenship reform – from the need to quell irregular migration. 

For foreigners here legally, this means that routes to German citizenship – and indeed, dual nationality – are set to remain in place for the forseeable future. 

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POLITICS

‘Proud of our tradition’: Coal phase-out fuels far right in rural eastern Germany

Germany is phasing out coal as part of climate protection targets. But in rural Brandenburg, which has elections this week, the change heavily affects communities - and is resulting in growing support for the far-right AfD.

'Proud of our tradition': Coal phase-out fuels far right in rural eastern Germany

Thousands of jobs have already been lost in the region, where wind farms now rise near abandoned open-pit mines and many people look with dread towards 2038, the deadline for the “coal exit”.

Their fears help explain the strong local support for the far-right Alternative for Germany (AfD), which does not just rail against migrants but also rejects the green energy push and questions man-made climate change.

At local elections held in Spremberg in June, the AfD scored 39.3 percent – an omen ahead of regional elections next Sunday in the state of Brandenburg, which polls suggest it could win.

Lignite, or brown coal, may be a climate killer, but since the 19th century it has been key to the identity of the Lusatia industrial region on the Polish border, known as the Lausitz in German.

“Thousands of people here have been linked to coal their whole working lives,” said the town’s mayor, Christine Herntier, an independent who has held the post for a decade.

“We are proud of our tradition,” said Herntier, 67, pointing to a huge map on her office wall of the Schwarze Pumpe plant and its surrounding industrial complex.

Most people in Spremberg, population 25,000, have grudgingly accepted the coal phase-out plan, under which the government has earmarked billions for structural transition plans, she said.

But, she added, ahead of the state election the winding down of coal “is still a big issue”.

‘Anger over wind farm’

Michael Hanko, the AfD’s top representative in Spremberg, said he is certain that the looming demise of the lignite industry is “one of the main reasons” residents are voting for his party.

“I don’t think the government has really got them on board with this whole prescribed transformation, saying that we now have to do everything with renewable energies,” Hanko said.

Michael Hanko, the AfD (Alternative for Germany) top candidate, in Spremberg, eastern Germany on, September 9, 2024.

Michael Hanko, the AfD (Alternative for Germany) top candidate, in Spremberg, eastern Germany on, September 9, 2024. Photo by Femke COLBORNE / AFP

The AfD, founded about a decade ago, scored a triumph earlier this month when it won an election in the eastern state of Thuringia and came a close second in Saxony.

READ ALSO: Political earthquake’ – What the far-right AfD state election win means for Germany 

It now also has a good chance of winning in Brandenburg, the state that surrounds Berlin, where it is polling narrowly in first place at around 27 percent.

When the German government decided five years ago to phase out coal, it pledged around €40 billion to help coal regions adapt, with €17 billion for the Lausitz alone.

Much of the money is intended to flow into developing the renewables and hydrogen sectors, helping the region maintain its identity as an energy hub.

But residents complain the investment has been too slow to materialise and is flowing into the wrong places.

In Spremberg, plans to extend a nearby wind park have caused outrage among some locals, who fear it will be a threat to 150-year-old trees, a protected swallow species and drinking water.

‘Something different’

Coal has long been synonymous with the Lausitz region, which takes in parts of Brandenburg and Saxony and a small strip of Poland, and where lignite was discovered in the late 18th century.

But the industry all but collapsed after German reunification in 1990, when most of the region’s open pit mines were shut down and thousands of jobs vanished.

Today, only around 8,000 people are employed in the lignite industry across the Lausitz, with 4,500 of them in Brandenburg, though the industry is still one of the largest private employers in the state and coal remains a strong part of the region’s identity.

Already weary from the problems caused by reunification, people in the region have felt “overwhelmed” by recent global challenges, said Lars Katzmarek, a board member of the Pro-Lausitz campaign group.

Lars Katzmarek, board member of the Pro-Lausitz campaign group

Lars Katzmarek, board member of the Pro-Lausitz campaign group. Photo by Femke COLBORNE / AFP

“The coronavirus, the energy crisis, the Ukraine war – these are all very difficult things that people still haven’t fully digested… and perhaps at some point they just close their ears,” he said.

On a rainy morning in Spremberg, Joachim Paschke, 81, who used to work in mechanical engineering and welding, was buying bread rolls in the bakery opposite the town hall.

“I’m definitely not an AfD supporter but I can understand people who are,” he said.

“The established parties have nothing concrete and the AfD is offering something different. People want change.”

By Femke COLBORNE

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