Discrimination and rights in German naturalization policy

Abstract

This paper examines German naturalization policies through an analysis of naturalization guidelines from 1921 to 2000 supplemented by archival research into their implementation. The substantive focus, first of all, is on the extent to which naturalization in Germany has become more or less discriminatory in ethnic and economic terms as well as on how one aspect of gender discrimination relating to the naturalization of spouses intersects with ethnicity. Second, is citizenship a privilege bestowed by the state solely at the state’s discretion and in accordance with state interests or is there a right to citizenship? The paper shows that negative ethnic discrimination, at least in its explicit varieties, has largely disappeared, and economic self-sufficiency has always been a prerequisite for naturalization, but the most recent statutory changes limit exceptions to this requirement. For executive discretion, we see a broad shift over time toward limiting state discretion with exercises of administrative discretion becoming fully reviewable by courts.