very big issue in 1990, an issue that politicians felt the need to address.
citizenship reform made it possible for non-Germans to seek naturalization with 15 years
of residence in Germany. There continued to be many restrictions on those seeking
naturalization, such as the requirement that they give up their old citizenship.
Nonetheless, the 1990 law was a major step by Germany away from a blood-based idea
of membership in the nation-state. Even though this law shows a willingness to look
beyond the historic concept of membership in the German state, the continuing barriers to
naturalization limited the number of people who actually sought naturalization.
The 2000 law continued the trend began with the 1990 law, changing the
requirements for naturalization, and in a break with German tradition, also introducing a
new path to German citizenship, a limited version of jus soli. The changes in
naturalization law lowered the number of years of required residence, but also introduced
further requirements of those seeking citizenship. The major new element of this law
was the introduction of conditional jus soli to all those born in Germany to a parent who
has resided in Germany for 8 years.
These young people obtain conditional German
citizenship automatically, and are allowed to maintain limited dual citizenship. Between
the ages of 18 and 23, however, they must choose between keeping either their German
citizenship or their citizenship in another state. The 2000 law is symbolic of a shift
currently underway in Germany, a shift in perception where foreigners become
16
In 1998 Chancellor Gerhard Schröder noted that “for far too long those who have come to work here,
who pay their taxes and abide by our laws have been told that they are just 'guests.' But in truth they have
for years been part of German society. For this reason, this government will modernize the law on
nationality.”
Last
Accessed May 2005. Even earlier in the 90s, the conservative party, often against any easing on
immigration and naturalization laws, did agree that second generation immigrants who are fully integrated
into Germany should be able to naturalize since “no state can in the long run accept that a significant part
of its population remain outside the political community” (cited in Brubaker 173).
17
Brubaker 173.
18
The law also had a clause that allowed those under the age of 10 this same opportunity if their parents
made an application on their behalf within the first year of the law’s promulgation.
Convention