16 Arts. 16 and 16a GG: Protection from Extradition and Deprivation of Citizenship, and Asylum Law

Abstract

This chapter examines the three fundamental rights guaranteed under Art. 16 and 16a of the Grundgesetz (GG): a prohibition on the deprivation of citizenship and limits on the loss of German citizenship, a ban on the extradition of Germans, and the right to political asylum. It begins with a discussion of the Federal Constitutional Court's jurisprudence regarding protection of citizenship, more specifically revocation of fraudulently obtained citizenship and the provision allowing agencies to challenge official acknowledgements of paternity by German men. It then considers cases relating to protection against the extradition of Germans before analysing the asylum law, with particular emphasis on political persecution, the concepts of ‘safe third countries’ and ‘secure country of origin’, and limitations on the right of asylum.