expatriation

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Expatriation , also known as expatriation or expatriation , is the withdrawal of citizenship against the will of the person concerned. If the person concerned does not have any other citizenship, they will become stateless . Depending on the legal system of the individual states , expatriation may be permitted as an individual or collective measure.

Since every citizen is born into his nationality and, according to the democratic view, he is a co-bearer of state sovereignty , his nationality is not at the free disposal of the state. A certain participation, act or omission of the individual is therefore always required in order to legitimize a loss of citizenship. A state can therefore only derelict territory , not individuals; However, by dereliction under international law (i.e. waiver) of a sub-area, he can also have its population opted out and in this way release them from their citizenship or withdraw their citizenship.

Whether a citizenship can be given up voluntarily is determined by legal regulations governing release from citizenship.

Expatriation in Germany

National Socialist dictatorship

The 25-point program of the NSDAP's founding in 1920 already called for the expatriation of Jews from the German Reich.

First expatriation list from August 25, 1933 , six months after the Nazi seizure of power

The " Third Reich " made extensive use of expatriation, especially against opposition and disliked people. The legal basis for expatriations was the law on the revocation of naturalizations and the withdrawal of German citizenship . On the basis of this law, 359 lists of expatriation were published in the Deutsches Reichsanzeiger ; a total of 39,006 people had been expatriated by the end of World War II . The official lists for this include many expatriates with a place of residence outside the Reich, which means that the Federal Foreign Office transmitted data collected in consulates abroad to the expatriation authorities.

Section 26 (1) RuStAG came into effect again with the coming into force of the law on the development of the armed forces of March 16, 1935 ( RGBl. I p. 375).

With the Nuremberg Laws , Jews still retained their German citizenship , but were in fact no longer citizens with equal rights. After November 25, 1941, Jews lost their citizenship when they crossed the German Reich border. This affected both Jews who emigrated of their own volition and Jews who were deported. Your fortune was Aryanized .

Article 116 of the Basic Law for the Federal Republic of Germany , Paragraph 2, deals with the fate of people expatriated by National Socialist Germany.They can apply for regaining citizenship or regain citizenship automatically by taking up residence in Germany. This also applies to their offspring.

Prominent victims of expatriation by the Nazi regime are:

GDR

After the citizenship law of the GDR could GDR citizenship people taking up residence be withdrawn outside their territory. This often affected political opponents .

Victims of expatriation were deprived of their citizenship of the GDR by the Council of Ministers . B.

Political prisoners who were forced to apply for release from citizenship were also victims of expatriation . B .:

Federal Republic of Germany

Based on the experience of the Nazi era , expatriation in the Federal Republic of Germany is prohibited in accordance with Article 16 (1) sentence 1 of the Basic Law . The loss of German citizenship , on the other hand, is permissible under Article 16, Paragraph 1, Sentence 2 of the Basic Law; However, this may only occur on the basis of a law and, moreover, only against the will of the person concerned if this does not render him stateless.

According to the Citizenship Act (StAG), however, you may lose your German citizenship, e.g. B. in the case of unauthorized acquisition of a foreign nationality ( § 25 Paragraph 1 StAG) or in the case of unauthorized entry into a foreign armed force of which he is a national ( § 28 StAG). If you want to acquire a foreign citizenship in addition to German, you need a retention permit in accordance with Section 25 (2) StAG (see web links) before applying for foreign citizenship . It is also z. B. possible and permissible that a naturalization obtained by fraudulent information is revoked. So was z. B. A helper of the Sauerland Group stateless after legal expatriation after giving false information in the naturalization procedure.

In Germany in 2002 the alleged “expatriation” of the German writer Peter-Paul Zahl , who was convicted of attempted murder by the police, attracted public attention. In fact, the German embassy in Kingston (Jamaica) refused to give him a new passport; According to the reasoning, he automatically lost his German citizenship in 1995 when he was naturalized in Jamaica. That means that this was not about expatriation. The dispute was finally ended with the re-naturalization of Zahl in November 2004.

The so-called option model is also not about expatriation: According to this, descendants of foreign parents could lose their German citizenship again under certain circumstances in 2013 and 2014. As an exception to the principle of descent , they have dual citizenship from birth, but in many cases are obliged to choose one of the nationalities from the age of 18. Due to the freedom of choice, it was not a question of expatriation under German law .

Expatriation in Switzerland

In Switzerland , one speaks of expatriation in three cases:

  • Declaration of invalidity if a naturalized person is subsequently denied naturalization because he concealed serious facts (provided false information) in the naturalization application that would have precluded naturalization;
  • Release of dual citizenship from citizenship at one's own request;
  • Withdrawal in the case of dual citizenship if their behavior is significantly detrimental to the interests or reputation of Switzerland.

1940-1954

In the course of the powers of attorney during the Second World War, two Federal Council resolutions were passed in 1941 and 1943, which were in force until 1947. This allowed Swiss citizenship to be withdrawn because of “un-Swiss behavior”. According to the historian Nicole Schwalbach, between 1940 and 1952 a total of 86 people were expatriated for "security-political or reputational offenses against Switzerland".

2018

The Citizens' Rights Ordinance (BüV) came into force on January 1, 2018. It specifies the facts that can justify expatriation: Serious crime in the context of terrorist activities, violent extremism, organized crime, genocide, crimes against humanity, war crimes, serious violation of the Geneva Conventions, “who have good relations between Switzerland and a foreign state permanently endangered by insulting this state », attacks on the independence of the Confederation, forbidden and political intelligence services and propaganda endangering the state. Avoiding statelessness is part of fundamental international law . This is why Switzerland only applies expatriation to dual citizens. The Federal Council regularly rejects parliamentary proposals that violate this principle .

In February 2020, for the first time since the Second World War, an expatriation procedure at the State Secretariat for Migration ( SEM ) was positively decided and then came into force. It was one of several proceedings that had been ongoing since 2018 because of jihadism or support for jihadism .

Expatriation in Turkey

Following the attempted coup in 2016 against Turkish President Erdogan and the subsequent mass arrests and dismissals, numerous Turks fled abroad. Western states, such as the USA and Germany, have not yet granted Turkish demands for the extradition of those affected.

In January 2017, the Turkish government issued an emergency decree. It provides for the revocation of citizenship in the event of serious crimes if the accused abroad does not report to the Turkish authorities within three months. The decree extends to criminal offenses such as attempted coups, inciting the people to armed insurrection or if the person concerned "commits an act which is incompatible with loyalty to the fatherland".

In early June 2017, the Turkish Interior Ministry published a list of 130 Turkish citizens in the State Gazette. Opposition politicians from the pro-Kurdish opposition party HDP , the banned Kurdish Workers' Party PKK and the Gülen movement are located on it . Another list with 99 names was published in September 2017.

Expatriation in the Dominican Republic

literature

  • Michael Hepp (ed.): The expatriation of German citizens 1933–1945, according to the lists published in the “Reichsanzeiger” . Saur, Munich 1985 ISBN 3-598-10537-1 (3 vols.); again de Gruyter, Berlin 2012
  • Fritz Pleitgen (ed.), Wolf Biermann a . a. (Author): Expatriation. Beginning of the end of the GDR . In collaboration with Pamela Biermann and Krista Maria Schädlich. Ullstein, Berlin 2001; List Verlag, Berlin 2006, ISBN 978-3-548-60688-0 .

Web links

Wiktionary: Expatriation  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ See Dahm / Delbrück / Wolfrum, Völkerrecht , Volume I / 1, 1989, § 60.
  2. ↑ See Paul Weis, Citizenship and Statelessness in Current International Law , Walter de Gruyter, Berlin 1962, pp. 15-17 .
  3. ↑ Michael Hepp (ed.): The expatriation of German citizens 1933–1945 according to the lists published in the Reichsanzeiger ( Expatriation Lists as Published in the “Reichsanzeiger” 1933–1945 ). 3 volumes, Saur, Munich 1985–1988 ISBN 3-598-10537-1 , again de Gruyter, 2012
  4. ↑ To what extent emigrants were monitored by the foreign missions of the German Foreign Ministry and in what way this was involved in the process of the expatriation of German ... Jews is made clear in the ... Study on the Foreign Ministry, in: Eckart Conze et al. Ed .: The Office and the Past. German diplomats in the Third Reich and in the Federal Republic of Germany. Hamburg 2010, p. 14ff.
  5. ^ Eleventh ordinance to the Reich Citizenship Law , RGBl. I, p. 722.
  6. ↑ Johannes Leicht: The "Aryanization" in the Nazi regime. German Historical Museum, October 9, 2005, accessed October 25, 2018.
  7. ↑ See also the decisions “Expatriation I” and “Expatriation II” of the BVerfG.
  8. ^ The world of yesterday, p. 466, quoted in after persecution, expulsion, expatriation, and extermination during the Nazi regime. The implementation of the Nuremberg Laws in Austria
  9. ↑ Dreamland GDR . In: Der Spiegel . No. 42 , 1982 ( online ).
  10. ↑ https://www.jugendopposition.de/lexikon/haben/147998/thomas-auerbach
  11. ↑ Helper of the Sauerland Group is no longer German. In: Spiegel Online . July 21, 2011, accessed December 2, 2014 .
  12. ^ "Marriage" and "Expatriation": The loss of citizenship and its political and individual consequences. Gender-historical studies on the importance of civil rights in Switzerland in the 20th century ( memento from September 16, 2016 in the Internet Archive ), National Fund project by Regina Wecker and Josef Mooser , University of Basel, April 25, 2009.
  13. ↑ David Hesse: rejected by the state . In: tagesanzeiger.ch . May 19, 2016 ( tagesanzeiger.ch [accessed on July 25, 2018]).
  14. ^ Ordinance on Swiss Citizenship (Citizenship Ordinance, BüV). In: State Secretariat for Migration SEM. Swiss Confederation, January 1, 2018, accessed on August 13, 2018 .
  15. ↑ StGB Art. 296. In: Swiss Criminal Code (StGB). Swiss Confederation, March 1, 2018, accessed on August 13, 2018 .
  16. ↑ Simon Gemperli: New rules for expatriation | NZZ . In: Neue Zürcher Zeitung . July 28, 2016, ISSN  0376-6829 ( nzz.ch [accessed July 25, 2018]).
  17. ↑ IS supporter will definitely lose her Swiss passport. Swiss Radio and Television (SRF), February 19, 2020, accessed on February 19, 2020 .
  18. ↑ Turkey threatens refugees with expatriation: 130 people on the list. The demand to hand over the preacher Gülen and his followers is not complied with by Western states. Turkey is now threatening expatriation. Who could be affected is on a list published by the Turkish Interior Ministry. In: n-tv.de. n-tv Nachrichtenfernsehen GmbH, July 5, 2017, accessed on August 13, 2018 .
  19. ↑ Turkey threatens Gülen and other refugees with expatriation. Less than a year after the attempted coup in Turkey, the government in Ankara is threatening to expatriate preacher Fethullah Gülen, who lives in the USA, and other suspects. Gülen is on a list of 130 Turkish citizens published on Monday. In: blick.ch. Ringier AG, June 5, 2017, accessed on August 13, 2018 .
  20. ↑ Turkey is threatening another 99 foreign Turks with expatriation. They are considered suspects in the context of the foiled July 2016 coup. In: derStandard.de. STANDARD Verlagsgesellschaft mbH, September 10, 2017, accessed on August 13, 2018 .
  21. ↑ sda / jfr: Turkey threatens further citizens with passport revocation. Turkey gives 99 citizens a choice: Either they present themselves in their home country within three months or they lose their citizenship. This is the government's second action. In: handelszeitung.ch. Ringier Axel Springer Schweiz AG, September 10, 2017, accessed on August 13, 2018 .