Birthplace principle

from Wikipedia, the free encyclopedia
States with ius sanguinis or unknown citizenship law.
States in which ius soli has been abolished.
States with ius sanguinis , in which a ius soli applies under certain conditions .
States with unrestricted ius soli .

Place of birth principle (also the place of birth , place or territorial principle for short ) describes the principle according to which a state grants its citizenship to all children who are born on its national territory . It is also referred to as ius soli (also jus soli or rarely ius terrae ; Latin ius soli , law of the soil ) and links the legal consequences to an easily verifiable event. The ius soli in its pure form is strict, formal and simple. It is irrelevant what nationality the parents have. According to a study from 2010, the birthplace principle exists in 30 states.

Former colonies in particular tend to adopt the place of birth principle after they have gained independence in order to encourage immigration or to secure their population, which is partly composed of very different ethnic groups . But the law in force in the former mother country is often a determining, if not ultimately the decisive factor.

The principle of descent (Ius sanguinis) is another, mostly parallel valid principle of the acquisition of citizenship and is linked to the citizenship of the parents . Most states have a mixture of both acquisition principles.

Germany

In the Holy Roman Empire , since the establishment of the territorial states in the early modern period, the residence principle had been widespread: everyone was subject to the prince or the city in which he lived. The corresponding legal principle was: Latin Domicilium facit subditum : "The place of residence makes the subject". That changed with the introduction of citizenship laws (e.g. in Prussia in 1842). Since then, the ius sanguinis has been the dominant form of acquisition in Germany . The historian Wolfgang Wippermann attributes this change to the national concept of the nation that prevailed in Germany in the 19th century.

The Reich and Citizenship Act of July 22, 1913 first introduced direct Reich citizenship . With this imperial law, a mixed form was created in the German Empire : There was a nationality in the respective member states , which could also be acquired through marriage or naturalization, for example. In the time of National Socialism , the pure principle of descent was gradually reintroduced. With the national reform in 2000 introduced the so-called "option model" a supplementary ius soli for second generation immigrants, in which up to adulthood a dual citizenship exists and the person then usually up to 23 years for citizenship must decide. This does not apply to Germans who adopt the citizenship of another EU member state or Switzerland , provided that this took place after August 28, 2007.

France

In France , the ius soli was traditionally used. During the French Revolution , the ius sanguinis became more and more popular because the ius soli was considered feudal because of its medieval roots . In 1804 it was written into the Civil Code by Napoleon , but expanded to include some elements of the place of birth principle. That changed in 1851 when, in the course of industrialization, numerous immigrants came to France, especially from Switzerland, Germany and Belgium . Now the French double droit du sol was introduced , the “double land law”. According to this, French is anyone who was born in France to French parents or a foreign parent who was in turn a native of France. Behind this was the expectation that school and conscription would have an assimilating effect on second-generation immigrants.

With this right of citizenship, France is regarded as the ideal type of a state nation in which membership of the state people is not based on seemingly objective criteria such as descent or culture, as in Germany, but rather on the subjective approval of national values ​​( nation of will ). The

United States

In the United States of America , the 14th Amendment to the Constitution stipulates that all persons born in the United States, with the exception of diplomatic children, are US citizens. Estimates from 2015 were that around 36,000 Chinese women gave birth each year in the United States.

After the authorities recognized a system of "birth tourism", in which pregnant women from the PRC , but also from Russia , South Korea , Taiwan and Turkey traveled to the United States and gave birth to their children, the state rose In February 2019 lawsuit against operators and customers of travel agencies who offer trips to the USA for the purpose of acquiring citizenship by birth.

Canada

There was no legal regulation in Canada before 1947. With a few exceptions, the place of birth principle has applied since then.

Web links

Remarks

  1. ↑ Helgo Eberwein, Eva Pfleger: Aliens law for study and practice . LexisNexis, Vienna 2011, ISBN 978-3-7007-5010-9 .
  2. ↑ Donald Trump questions birthplace principle , Zeit Online , October 30, 2018.
  3. ↑ Georg Dahm , Jost Delbrück , Rüdiger Wolfrum : Völkerrecht. Vol. I / 2: The state and other subjects of international law. Spaces under international management . 2nd, completely revised edition, de Gruyter, Berlin 2002, ISBN 3-89949-023-1 , p. 38 (accessed via De Gruyter Online).
  4. ^ Ferdinand Weber: Citizenship and Status. Statics and dynamics of political community building. Mohr Siebeck, Tübingen 2018, p. 18 f.
  5. ↑ Wolfgang Wippermann: The "ius sanguinis" and the minorities in the German Empire. In: Hans Henning Hahn (Ed.): National minorities and state minority policy in Germany in the 19th century . Akademie Verlag, Berlin 1999, ISBN 3-05-003343-6 , pp. 133–143, here pp. 135–139 (accessed from De Gruyter Online).
  6. ↑ The term German citizenship was used synonymously with the term Reich citizenship, s. a. Printed matter 578 of January 25, 1949 on Art. 16 GG; see. BVerfGE 36, 1 (30 f.); BVerfG JZ 43 (1988), p. 144 (145).
  7. ↑ Sections 8–16 RuStAG
  8. ↑ Patrick Weil: Access to Citizenship. A comparison of 25 nationality laws . In: Christoph Conrad, Jürgen Kocka (Ed.): Citizenship in Europe. Historical experiences and current debates . Edition Körber Foundation, Hamburg 2001, ISBN 3-89684-018-5 , p. 92 ff .
  9. ↑ § 4 Paragraph 3 and § 29 StAG
  10. ↑ Section 25 (1) sentence 2 StAG
  11. ↑ Burkhardt Ziemske : The German citizenship according to the Basic Law . Duncker & Humblot, Berlin 1995, pp. 239-242 and 251.
  12. ↑ Historique du droit de la nationalité française on a website of the French Ministry of the Interior , accessed on July 13, 2020.
  13. ↑ Vito F. Gironda: Left Liberalism and National Citizenship in the Empire: A German Path to a Citizenship? In: Jörg Echternkamp and Oliver Müller: (Ed.): The politics of the nation. German nationalism in war and crises 1760 to 1960 . Oldenbourg, Munich 2002, ISBN 3-486-56652-0 , pp. 175–130, here p. 123 (accessed via De Gruyter Online).
  14. ↑ Christian Jansen with Henning Borggräfe: Nation - Nationality - nationalism. Campus, Frankfurt am Main 2007, p. 121 f.
  15. ^ Constitution of the United States Amendment XIV Section 1.
  16. ↑ A Century of Lawmaking for a New Nation: US Congressional Documents and Debates, 1774-1875. Retrieved February 9, 2020 .
  17. ↑ a b Marie-Astrid Langer: Many foreigners travel to the US especially to give birth to their children - the authorities are now bringing charges , Neue Zürcher Zeitung of February 4, 2019.
  18. ^ Henry J. Chang: Canadian Citizenship Through Birth in Canada