A future coalition of the CDU/CSU and SPD is reportedly mulling over plans to “de-naturalise” dual nationals for holding extremist or anti-semitic views. How far could the new rules go – and are they even allowed under German law?
When it comes to citizenship law, the news coming out of Germany’s ongoing coalition negotiations has been a mixed bag so far.
In a major win for foreigners, a reform of citizenship brought in by the previous traffic-light coalition last year looks set to remain in place under the new government.
That means that internationals can still apply for dual nationality in Germany, as well as enjoying shorter residence requirements such as a three-year “fast track” in cases of exceptional integration.
READ ALSO: What Germany’s CDU and SPD have agreed so far
With the centre-left SPD battling against the more migrant-sceptic CDU and CSU, however, it’s not all good news for foreigners. According to an initial policy paper released by the parties, a future ‘Grand Coalition’ could look at expanding ways to strip German citizenship from dual nationals.
“We will examine under constitutional law whether we can withdraw German citizenship from terror supporters, anti-semites and extremists who call for the abolition of the free and democratic basic order if they have another nationality,” the document reads.
The plans follow a promise made by the centre-right Union during the election campaign.
According to reports in Tagesschau, this proposal was taken up by a working group charged with fleshing out policies on migration and integration. The group’s draft recommendations, which have been obtained by ARD, suggest that the Union is staying firm on its electoral promises.
Despite opposition from the SPD, the centre-right parties seem determined to forge ahead with plans to expand the revocation of German citizenship.
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This could have a chilling effect on the some 5.8 million German dual nationals living in Germany, and the ever increasing number of newly naturalised citizens.
What do the plans mean for dual nationals?
Though on first glance the plans seem firmly targeted, experts have raised concerns that the move could create a two-class system of citizenship in Germany.
By allowing nationality rights to be removed from some types of Germans and not others, dual nationals could have the enduring sense that their citizenship doesn’t really count in the eyes of German law.
Speaking to ARD Magazin Monitor on Thursday, Gina Wollinger, a sociologist and criminologist at the Cologne University of Applied Sciences said the proposal showed how far the migration debate in Germany had shifted.
READ ALSO: Why is dual citizenship still so controversial in Germany?
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“This gives the impression that the German citizenship of dual nationals is not worth as much, that there are some who are less German than others,” Wollinger said.
A Turkish and a German passport are held side by side. For a long time, Germany has forbidden dual nationality for non-EU citizens. Photo: picture alliance / Carsten Rehder/dpa | Carsten Rehder
Currently, dual nationals can lose their German citizenship if they fight for a foreign army or willingly join a terrorist organisation. In addition, citizenship can revoked up to ten years after naturalisation if a foreigner is found to have lied in their application.
READ ALSO: Can I lose my German passport even under the new dual citizenship law?
However, legal experts say the Union’s plans go way beyond the current law and could open up scope for abuse.
This is largely because the terms “extremism”, “anti-semitism” or “support for terrorism” are not clearly defined in either the exploratory paper or the working group’s proposals. Since October 7th 2023, for example, charges of anti-semitism have regularly been levelled at those who oppose the war in Gaza and accuse Israel of war crimes.
Thomas Groß, legal scholar and professor at the University of Osnabrück, believes the vague wording of the proposals pose serious problems.
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“There are no clearly defined offences and it is very difficult to draw the line between these and freedom of expression,” he said in an interview with ARD.
Using citizenship to combat extremism could “open Pandora’s Box”, Groß explained, adding that the tool “could be used and further expanded by right-wing extremist forces for completely different purposes after the next election.”
In the worst case, the move would create the impression that it is okay to withdraw nationality from certain undesirable groups.
Would the German constitution allow it?
This remains an open question, and one the new government would need to look carefully at – assuming they adopt the proposals.
In the plans drafted so far, the parties specifically say they want to examine the possibility of withdrawing citizenship from dual nationals “under constitutional law”. Even if the parties go ahead with the plans, getting them past the constitutional courts is far from guaranteed.
READ ALSO: When can your German citizenship be revoked?
Learning from the horrors of the Nazi era, the authors of Germany’s post-war constitution were careful to careful to protect against the willful withdrawal of citizenship rights.
Two copies of the German Grundgesetz, or Basic Law, lie on a table in a library. Photo: picture alliance/dpa | Frank Molter
Under the Nazi government, German citizenship was regularly used as a tool of persecution and aggression. Jewish people, as well as critics of the government, regularly saw their papers and nationality revoked.
To prevent a repeat of history, Article 16 of the Basic Law states that German citizens can not be stripped of their nationality.
Despite the few exceptions, this is the main legal standard in place today.
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