Indigenous
The indigenous (native, nationality , local citizenship, right of home , from the Latin indigena "native") is a legal title to belonging to a community ( community , state ). In some German states, pastors of non-native origin also needed to be granted indigenous status until 1871 in order to be allowed to take office. Until the 19th century, the sovereign and in some cases also the council of privileged cities with the incolate granted similar rights, above all citizenship to non-resident nobles , their admission to the local nobility and their right to purchase an estate in their new homeland .
Holy Roman Empire of the German Nation
In the Holy Roman Empire of the German nation and, initially, after its dissolution issuing the Indigenats was in some countries of Central Europe , like Prussia ( Ius indigenatus ), a prerogative of the sovereign , in others, such as Poland or Hungary , a matter of the respective Reichstag.
North German Confederation
In Art. 3 of the constitution of the North German Confederation of 1867 it was stipulated that “the member (subject, citizen) of every federal state should be treated as a resident and accordingly for permanent residence, for business, for public office, for the acquisition of land, for acquisition of citizenship and for the enjoyment of all other civil rights under the same conditions as the native, also in terms of legal prosecution and legal protection is to be treated equally ”. The indigenous states of the individual states thus continued to exist, an indigenous state above that had not yet been decided.
Bismarck's Imperial Constitution
The Bismarck constitution of 1871 replaced the previous state indigenates, including those of the newly added southern German federal states: According to Article 3, there was now a common indigenate for the entire German Empire .
East Frisian indigenous people
The East Frisian landscape gives the indigenous community a kind of honorary citizenship to non-East Frisians who have made a special contribution to East Frisia .
Basic Law
The idea of indigenous people is still contained in Article 33.1 of the Basic Law , according to which every German has the same civil rights and duties in every country in the Federal Republic of Germany .
European Law
Provisions on indigenous people have also been incorporated into supranational law of the European Union .
literature
- Georg von Alten: manual for army and fleet . Volume V, Berlin 1911.
- German legal dictionary . Volume 6, Weimar 1961–1972.
Individual evidence
- ↑ Karsten Mertens: The new German citizenship law: a constitutional investigation , Volume 2 of the Tenea legal series, Tenea Verlag Berlin, 2004, ISBN 9783865040831
- ^ Rudolf Brückner: About the common indigenous in the area of the North German Confederation. Publishing house EF Thienemann, Gotha, 1867
- ↑ Press release (Hanover / Aurich, May 9, 2008): Reinhard Scheibe receives indigenous people from the East Frisian landscape ( page can no longer be accessed , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF)
- ^ Christoph Schönberger: Union Citizens: European Federal Citizenship in a Comparative Perspective , Volume 145 of Ius Publicum: Contributions to Public Law , ISSN 0941-0503 , Verlag Mohr Siebeck, Tübingen, 2005, ISBN 9783161488375
