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GERMAN CITIZENSHIP

FACT CHECK: Can Germany’s CDU scrap the dual nationality law?

Even before Germany's new citizenship law came into force on Thursday, the centre-right Christian Democrats (CDU) were threatening to overturn it. Could they really end dual citizenship if they win the next election?

A German citizenship certificate and passport.
A German citizenship certificate and passport. Photo: picture alliance/dpa | Fernando Gutierrez-Juarez

As the landmark citizenship reform came into force on Thursday, there was an audible sigh of relief and cheer of jubilation from Germany’s international community. 

But one cloud has been darkening the horizon: the threats from the right-wing CDU party to overturn the reforms the second they come back into power. 

Speaking to DPA on Tuesday, CDU immigration spokesperson Alexander Throm slammed the reform for shortening waiting times for foreigners and allowing people to hold more than one nationality.

“The CDU and CSU will reverse this unsuccessful reform,” he said. “Dual citizenship must remain the exception and be limited to countries that share our values.”

After The Local reported Throm’s comments, foreigners got in touch to express their fears about the law being changed once again. 

Writing on X, Canadian citizen Logan Ouellette, who lives in Berlin, said he was “already anxious” about another potential shake-up. 

So, how likely is it that the CDU and their Bavarian sister party, the Christian Social Union (CSU), will end up in government next year, and could they actually scrap the law?

Here’s what you need to know. 

CDU/CSU could take power – but only with a coalition partner

It’s no secret that the traffic-light coalition parties are currently doing absolutely dismally in the polls, and recent elections have shown a significant lurch to the right in Germany.

In the June 9th EU elections, the CDU/CSU alliance emerged as the clear winners with 30 percent of the vote, while the Social Democrats (SPD), Greens and Free Democrats (FDP) lost 21 points between them. This is backed up by recent polling figures, which consistently show the CDU/CSU on 30 percent or more.

If things stay the same for another 15 months – and that it in itself is questionable – the CDU and CSU look set to be catapulted back into government. 

But even if they do end up as the largest party in the federal elections next year, they are almost certain to need a coalition partner.

As part of its core principles, the centre-right alliance has erected a so-called Brandmauer, or fire-wall, against working with either the far-right AfD or the left-wing Linke party.

READ ALSO: German word of the day – Brandmauer

Pending a massive shake-up of German politics, that would only leave the SPD, Greens or FDP as potential coalition partners – all of whom are in the current government.

Speaking to The Local on Wednesday, Greens immigration expert Filiz Polat rebuffed the notion that the CDU/CSU alliance would ever have the numbers to reverse the citizenship law. 

“The CDU/CSU is completely isolated with its announcement that it will revoke the citizenship law in the event of a change of government,” she said.

Greens immigration expert Filiz Polat

Greens immigration expert Filiz Polat. Photo: Filaz Polat’s parliamentary office

“It was the same with its ‘no’ to the Skilled Labour Immigration Act. All other democratic parliamentary groups in the Bundestag have clearly positioned themselves in favour of a modern citizenship law in a modern country of immigration.”

With the governing parties all speaking out passionately in favour of a liberal immigration policy and citizenship law, it’s hard to see a scenario in which they would agree to scrap it.

READ ALSO: How are Germans reacting to the new citizenship law?

For the SPD in particular, this would be a humiliating move for a party that unsuccessfully fought for years in coalition with the CDU/CSU to make dual nationality a reality. 

The numbers in the Bundesrat don’t add up 

Parliamentary sources have also told The Local that the CDU would need what’s known as an “absolute majority” in the Bundesrat in order to repeal the law. This means getting more than 50 percent of the vote. 

The Bundesrat is the upper house of parliament that is comprised of the 16 state governments, each of which vote together as a bloc.

As an example, this means that if the CDU are in a state coalition with the Greens – as is the case in Baden-Württemberg, for example – both of these parties have to agree on which way to vote in the Bundestag.

If they can’t agree, this counts as an abstention.

The outside of the Bundesrat

The outside of the Bundesrat, Germany’s upper house of parliament. Photo: picture alliance/dpa | Bernd von Jutrczenka

That’s one reason it would be incredibly difficult to get any new attempt to tighten citizenship laws through the Bundesrat – even if a new law made it through the Bundestag.

With the exception of Bavaria, where the CSU governs alongside the Free Voters, or Freier Wähler, party, every single state coalition the CDU is part of involves some combination of of the Greens, SPD and FDP. 

READ ALSO: What would German citizenship mean to foreign residents?

Greens politician Polat emphasised that the reforms to citizenship law would be “good for democracy” and help Germany compete for workers from abroad.

“The high demand for the German passport shows how many people living here want to get involved and have a say,” she said. 

The immigration specialist also slammed the centre-right alliance for harming Germany internationally with its anti-foreigner rhetoric. 

“With its anti-immigration discourse, the CDU/CSU is also damaging Germany’s reputation in the world,” she said. “I am increasingly receiving questions about this issue from abroad.”

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DRUGS

Is Germany ready for the arrival of cannabis clubs?

The second part of Germany's cannabis legalisation law, which allows for the launch of cannabis clubs comes into effect on July 1st. But a number of questions may leave club founders stalled for months.

Is Germany ready for the arrival of cannabis clubs?

From July 1st, the next phase of the cannabis law will come into force, which allows for the founding of “cannabis clubs” in Germany.

But the law, as it stands, is creating more questions than answers for many cannabis club founders across the country.

Questions around which authorities are responsible for approving clubs or regulating their activities remain.

Investors and club organisers are also unsure how quickly legal approval will be granted, with some speculating that operations may not legally begin until 2025.

Cannabis clubs to open from Monday (in theory)

According to the federal law, cannabis clubs may start their activities as soon as July 1st. 

These regulated associations will be allowed to have up to 500 members each, and will be able to grow and distribute up to 50 grams of cannabis per person per month.

But the reality is that cannabis clubs can submit an application for approval on July 1st, and then must wait for a permit to be granted before they can begin cultivating cannabis.

The health policy spokeswoman for the FDP, Susanne Schneider, criticised what she sees as unnecessary delays to rolling out the new rules. She told the Rheinische Post, “Although applications can be submitted from July 1st, it is completely unclear when permits will be granted and cannabis will actually be available – that could take months,” 

According to the cannabis legalisation law, the regulating authorities have a maximum of three months to approve or deny a club’s application. 

But depending on which region a club is in, there are still open questions about how and to whom applications should be submitted.

Cannabis regulation to be governed regionally

Adding to the confusion is the fact that these kinds of regulations are determined by state government agencies in Germany.

According to the law, district governments, state agencies for nature, environment and consumer protection, and the chambers of agriculture will be responsible for monitoring clubs and enforcing rules for cultivation and distribution of cannabis. 

But it’s not clear in every case where a cannabis club organiser should send an application. 

In Brandenburg, applications will be reviewed by the state’s Office for Occupational Safety, Consumer Protection and Health (LAVG), but according to reporting by Berliner Zeitung, the relevant authority in Berlin is still unknown.

cannabis

Cannabis clubs with up to 500 members may soon cultivate and distribute cannabis in Germany. Photo: picture alliance/dpa/SOPA Images via ZUMA Press Wire | Nathalie Jamois

Sascha Siebenäuger, Chairman of Sieben25 (a cannabis club to-be), suggests that information has been sparse but he doesn’t blame the authorities. 

Speaking to Berliner Zeitung, Siebenäuger noted that there are no existing models for fair and regulated cannabis distribution in Germany. With that in mind he expected some bumps in the road: “The task of the clubs to come to terms flexibly with the authorities,” he said. “The focus is on controlled dispensing whenever it becomes reality.”

Due to uncertainties around the process of registering as a club, Siebenäuger hasn’t opened up membership to the general public yet, despite already having a property lined-up where he intends to cultivate cannabis soon.

But these uncertainties haven’t stopped other clubs from accepting paying members who are eager to sign-up ahead of the expected rush.

Some associations in Munich reportedly received thousands of applicants in April, as legalisation was initially coming into effect in Germany.

What do we know about the coming cannabis clubs?

When exactly cannabis clubs will begin operations is still unclear, but a couple things about them are certain.

Firstly, they can have up to 500 members, and can collect membership fees (collected monthly or annually) to fund club activities. Members need to be German residents who are 18 years or older.

Second, these won’t be smoking clubs – members will not be allowed to smoke weed on the club premises or within 100 metres of their doors. Instead they can be thought of essentially as farming and distribution clubs.

More information about cannabis clubs is compiled and updated by the German Cannabis Social Clubs Association (CSCD).

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