Was ist die optionspflicht
The introduction of the ius soli principle as well as the increased acceptance of dual nationality resulting from the citizenship law reform are admissible under the German Basic Law. The same applies to the introduction of the optional model was ist die optionspflicht to Was ist die optionspflicht dual nationals section 29 of the German Nationality Act as well as to the rules on loss of nationality as a consequence thereof.
Difficulties thereof will presumably arise from the application of this regulation rather than was ist die optionspflicht legal scope. At present reliable forecasts on this issue, as well as on the results of the so-called generation cut under section 4 para. The administrative practice in the German Federal States may be regarded as unsatisfactory since it considerably differs in many areas.
This applies, in particular, to the procedure of evaluation if an applicant for naturalization has sufficient knowledge of the German language. The debate on the necessity of the so-called Regelanfrage default enquiry to the Authorities for the Protection of the Constitution, however, became superfluous after the entering into force of the Immigration Act of The need for new regulations, however, still exists for some questions concerning the pre-conditions of naturalization as well as the naturalization procedure, e.
With regard to the newly introduced acquisition of German nationality by children of foreign parents born on German territory, problems like the acquisition of nationality by children of very young parents, or the temporary discontinuation of the legality of residence, were satisfactorily solved by the new Immigration Act of Recent experiences concerning this new mode of acquisiton by was ist die optionspflicht soli, especially in was ist die optionspflicht light of the new tasks legislation put on the registrars, are favourable.
The transitional regulation of section 40b of the Nationality Act, which provided for a limited claim to naturalization of young aliens not yet ten years of age, was accepted only reluctantly for various reasons. The transition of ethnic Germans within the meaning of section of the German Basic Law into German nationality as of August 1st,as well as the legal acquisition of German nationality resulting from the issue of a special certificate by the Federal Administrative Office, replacing the former naturalization in each individual case, constituted an enormous relief to the workload of the naturalization authorities.
In most countries dual citizenship becomes more and more accepted, especially since many countries in Western Europe have come to accept was ist die optionspflicht nationality when naturalizing migrant workers. Although in certain areas multiple nationality may cause complications, these conflicts may be overcome by the conclusion of international agreements, ideally by multilateral treatments, at least, however, with bilateral treaties with the main states of origin.
Some features of this site may not work without it. Dissertation URI citable link: Was ist die optionspflicht, Marianne Year of publication: This dissertation focuses on the reform of German nationality law which entered into force on January 1st,paying special attention to legal issues regarding multiple nationality.
The Citizenship Reform Act is compatible with all priniciples of constitutional and international law and as such to be supported without restriction whatsoever.
The optional model represents a compromise which was enforceable politically upon passing the nationality law reform. Recent experiences with the reformed regulations regarding naturalization have shown that certain difficulties arise from their practical application: Although this new citizenship law still does not accept double nationality as a default, the number of persons with a dual and multiple nationality living in Germany has increased considerably since the new nationality law came into force.
Cite This Files in this item. Doctoral dissertation, University of Konstanz.
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