Status German

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Document on the establishment of German status according to Article 116, Paragraph 1 of the Basic Law

Status German (also status German or “as if German”) is a German within the meaning of the Basic Law , but who is not a German citizen .

Legal situation

According to Article 116, Paragraph 1 of the Basic Law, this means that he was “accepted as a refugee or expellee of German ethnicity or as his spouse or descendant in the territory of the German Reich as of December 31, 1937 ”. Status Germans therefore have all the rights and obligations of German citizens; However, it is controversial in the legal literature whether they can also be regarded as equal under international law and whether the status of status German has any corresponding effect. The view is taken that diplomatic protection is excluded. This is countered by the fact that the German status depends on the will of the person concerned and the status characteristic since October 3, 1990 de jure (before that already de facto ) "can only be acquired through admission in the Federal Republic (...)", which means "a sufficient one Point of contact for representation under international law "by the Federal Republic of Germany and in particular" for the exercise of diplomatic protection ". Nonetheless, the status Germans have been "included in many international treaties of the Federal Republic through express regulations".

The legal status of a status German is only achieved when the person concerned is admitted to Germany . The term “refugee or expellee of German nationality” was only defined in the first section of the Federal Expellees Act of May 19, 1953.

The term “has found admission” is ambiguous. According to the case law of the Federal Administrative Court , "finding admission" presupposes that the person concerned strives for permanent residence in the federal territory with the arrival and that the conclusion is justified that the admission will not be refused due to action or other behavior of the authorities. The admission procedure was not regulated by law until July 1, 1990 and was only partially regulated (for repatriates ) until January 1, 1993 . Since January 1st, 1993 only ethnic repatriates can be accepted. Anyone who fled or was expelled to the area of ​​the German Reich as a result of the Second World War , but left the area voluntarily or involuntarily before the entry into force of the Basic Law on May 24, 1949, did not acquire the status of status German.

According to § 6 of the law regulating questions of nationality (StAngRegG) of February 22, 1955 in the version valid until August 1, 1999, a status German was entitled to naturalization if he “did not enjoy the internal or external security of the Federal Republic or a German state endangered ". In the event of the incontestable rejection of the naturalization application (Section 6 (2) of the StAngRegG) or after a voluntary transfer of residence to the resettlement area (Section 7 of the StAngRegG), the status of a status German was lost (after July 6, 1977, however, only if the status German was not thereby became stateless ). In addition, the acquisition and loss of status German is based on the Citizenship Act (StAG).

Since August 1, 1999, when basically all status Germans were granted German citizenship by the regulation of § 40a StAG, the number of status Germans who did not fall under this cut-off date rule should be very low. These are only the ethnic German repatriates and their family members who have found acceptance in the Federal Republic of Germany, but who have not (yet) been issued a certificate in accordance with § 15 BVFG . When the certificate is issued, ethnic repatriates and their family members acquire German citizenship ( Section 7 StAG). This ends your status as a status German.

See also

literature

Web links

Individual evidence

  1. ↑ On this Ingo von Münch , The German Citizenship. Past - Present - Future , de Gruyter, Berlin 2007, ISBN 978-3-11-093608-7 , p. 112 f. ; Walter Schätzel, The German Citizenship Law. Commentary , 2nd ed., De Gruyter, 1958, p. 93 ff. , Here in particular p. 94; Ulrike Ruhrmann, Reforms to the Law of the Immigration of Resettlers , Duncker & Humblot, 1994, ISBN 3-428-08021-1 , p. 54 .
  2. ↑ The term “refugees” according to the Basic Law does not (only) mean refugees from the Soviet zone , but above all “foreign nationals who are legally regarded as Germans”, e.g. B. Refugees from the territories of the Czech Republic and Poland ("East Refugees "), Walter Schätzel, The German Citizenship Law, Commentary on the Reich and Citizenship Law of July 22, 1913, the citizenship provisions of the constitutions and the Saar transition and the nationality regulation laws of February 22nd 1955 and May 17, 1956 , 2nd edition, Walter de Gruyter, Berlin 1958, pp. 93–95. Friedrich Teppert, The legal status of "Germans without German citizenship" i. S. d. Art. 116 para. 1 of the Basic Law , Diss. Munich 1969, p. 32, points out that “in addition to the flight from the Soviet zone, a special offense within the meaning of § 1 BVFG [must] be added in order to make them refugees according to Art. 116 I GG. "Cf. Albert Bleckmann , Grundgesetz und Völkerrecht , Duncker & Humblot, Berlin 1975, p. 146, that" refugees are former residents of the Soviet zone "," who either have German citizenship or have been expelled there. "
  3. ↑ Quoted by Christoph Vedder , in: Ingo von Münch, Basic Law Commentary , CH Beck, 3rd edition 1996, Art. 116 Rn. 65; further on all this cf. Ingo von Münch, Basic Law Comment , 3rd ed. 1996, Rn. 95 f.
  4. ↑ BVerwG 1 C 37.90
  5. ↑ BVerwG 1 C 35.02 , judgment of November 11, 2003