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GERMAN CITIZENSHIP

Could Germany’s dual nationality law be reversed?

With a growing hostility towards migration in Germany, there are fears that new rights for foreigners - most notably the holding of dual nationality - could be reversed after the next nationwide election. How likely is that?

A view of the Bundestag in Berlin on a rainy day
The German flag waves outside the Bundestag in Berlin on a rainy day. Photo: picture alliance/dpa | Christoph Soeder

In an article assessing Germany’s latest migration figures this week, Die Zeit raised a pertinent question: “What is actually out of control here,” asked journalist Mark Schieritz. “The migration, or the debate?”

While the number of asylum applications has been sinking dramatically this year – along with the number of so-called economic migrants – the discussion around migration has been building to a fever pitch.

In response to huge gains by the far-right AfD in both EU and eastern state elections, the government immediately sprung into action, extending controversial checks along all nine of Germany’s foreign borders.

READ ALSO: How Germany’s increased border checks will affect travel from neighbouring countries

Chancellor Olaf Scholz (SPD) declared his intention to carry out “deportations on a grand scale” as mainstream parties met for a migration summit that quickly collapsed in disagreement.

At the same time, anti-migrant rhetoric has been ramping up, causing Deutschlandfunk to draw parallels with the early 1990s, when Germany saw a spate attacks against both refugees and foreigners who had been settled in the country for decades. 

All of this feels very far removed from the Germany that has been desperate to court skilled foreigner workers over the past year, and that has fought to overturn a decades-long ban on dual nationality – which finally happened in June.

But it has caused some to wonder if the tide could be shifting, and if hard-won rights like dual nationality could be set to go out of the window. Here’s where things stand at present.

Threats from the CDU 

The biggest threat to the dual nationality law arguably comes from the centre-right Christian Democratic Union (CDU) and Christian Social Union (CSU) parties, who are long-standing opponents of the bill.

Shortly after the new citizenship law entered into force back in June, immigration spokesperson Alexander Throm told DPA that the parties intended to scrap it. 

“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.”

CDU politician Alexander Throm speaks in a debate in the German Bundestag

CDU politician Alexander Throm speaks in a debate in the German Bundestag. Photo: picture alliance/dpa | Christoph Soeder

But is this all hot air from a party that has vehemently campaigned against dual nationality for years on end? In the opinion of most political experts, the answer is yes. 

“The CDU’s announcement that they would abolish the authorisation of dual citizenship is a desperate attempt to react to the growth of the AfD,” Nils Diederich, a political scientist at Berlin’s Free University, told The Local.

However, the party is unlikely to have the numbers in parliament to do so – even if they win the next election.

That’s because Germany’s system tends to rely on coalition governments, and every single one of the CDU and CSU’s viable coalition partners – the Greens, the Social Democrats (SPD) and the Free Democrats (FDP) – supports dual nationality. 

This was backed up by Greens immigration expert Filiz Polat, who told The Local: “The CDU/CSU is completely isolated with its announcement that it will revoke the citizenship law in the event of a change of government.”

READ ALSO: Can Germany’s CDU scrap the dual nationality law?

Furthermore, the CDU and CSU are highly unlikely to ever have the numbers in the Bundesrat to change the law. The upper house of parliament is comprised of state coalition governments that all need to agree in order to vote in favour of legislation. 

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. As the parties who worked on and ultimately passed this law, they are unlikely to agree to overturn it. 

What about the far-right AfD?

Many foreigners in Germany are understandably worried about the rise of the extremist Alternative for Germany (AfD) party, who seem to be going from strength to strength lately.

In Bundestag debates on the new citizenship law, the AfD spoke out vehemently against the changes – a stance that is reiterated in the party’s Grundsatzprogramm, or key policy programme. 

“The AfD rejects the ‘double passport’, i.e. the acquisition of German citizenship with the simultaneous continuation or acquisition of another citizenship,” the party writes. “Although this does not rule out well-founded special cases.”

In addition, they say, the requirements for naturalisation must be significantly increased.

A car drives past a billboard displaying an election campaign poster for Alternative for Germany (AfD) with the lettering 'The east is doing it - class in German' in Altenburg, eastern Germany on August 20th

A car drives past a billboard displaying an election campaign poster for Alternative for Germany (AfD) with the lettering ‘The east is doing it – class in German’ in Altenburg, eastern Germany on August 20th. Photo by JENS SCHLUETER / AFP

In spite of their recent successes in eastern states, however, the far-right party is still a long way away from seizing power in Germany on a national level (or even at the state level). 

That’s primarily because all the major parties – including the CDU – have what’s known as a Brandmauer, or firewall, in place, that prevents them from formally cooperating with the AfD. 

READ ALSO: Could the far-right AfD ever take power in Germany?

So, even if the CDU and CSU parties technically have the numbers to enter a coalition with the AfD after next year’s federal elections, the party’s constitution explicitly forbids them from doing so.

Any informal agreement – such as a pact to overturn the dual nationality law, for example – would also be politically toxic, and would almost inevitably split the party. 

Where does the government stand?

Currently, the so-called traffic light coalition of the SPD, Greens and FDP – named after the parties’ three colours – is engaged in something of a balancing act.

While the rhetoric around migration has taken on a much more combative tone, the coalition has set a clear dividing line between legal skilled migration and uncontrolled, irregular migration.

In a fiery speech in the Bundestag on September 11th, Scholz emphasised Germany’s desperate need for migration to combat current labour shortages. 

“There is no country in the world with a shrinking labour force that has economic growth,” he said. “That is the truth that we are confronted with.”

The chancellor also noted that Germany’s constitution mandates the protection of people who face danger and persecution. In other words: asylum seekers. 

“Openness to the world is therefore necessary,” he explained. “But cosmopolitanism does not mean that anyone who wants to can come. We must be able to choose who comes to Germany.”

German Chancellor Olaf Scholz Bundestag

German Chancellor Olaf Scholz (SPD) gives an impassioned speech during the general debate on the budget on September 11th, 2024. Photo: picture alliance/dpa | Kay Nietfeld

According to political scientist Diederich, this cuts to the heart of the current issue.

“The authorisation of multiple citizenship has little to do with unregulated immigration,” he told The Local. “Naturalisation is granted to people who have been living legally in Germany for several years and who have successfully integrated into German society.”

On the other hand, Diederich said, the fear of “foreign infiltration” through unchecked, irregular and unwanted migration is being fuelled for political purposes. 

“It’s not only the AfD doing this,” he added. 

READ ALSO: Debt, migration and the far-right – The big challenges facing Germany this autumn

At present, the government seems laser-focused on dividing their pro-migration policies – like the recent skilled worker law and citizenship reform – from the need to quell irregular migration. 

For foreigners here legally, this means that routes to German citizenship – and indeed, dual nationality – are set to remain in place for the forseeable future. 

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ANALYSIS: What’s at stake in Germany’s eastern state elections?

After success in Thuringia and Saxony, the far-right Alternative for Germany (AfD) may well come in first in another eastern state election this Sunday. We spoke with a political scientist to analyse what's at stake as Brandenburg goes to the polls.

ANALYSIS: What's at stake in Germany's eastern state elections?

German politics’ “eastern September” is set to finally end Sunday – with more ruminations and reflections likely to come about the recent fortunes of the far-right AfD at the ballot box.

If current polls are anything to go by, the AfD could come in first in the eastern state encircling Berlin – which counts Potsdam as its capital.

After overtaking the governing Social Democrats (SPD) in a recent shock poll, the party is currently at around 28 percent, compared to the SPD on 25 percent. The centre-right Christian Democrats come in at 16 percent in the latest poll and the left-populist Sarah Wagenknecht Alliance (BSW) – named after its founder – charts in at 14 percent.

The remaining parties come in much lower – with the Greens, Left and liberal Free Democrats all facing possible ejection from the state parliament.

Another victory for the AfD – or even a strong showing should the SPD still manage a narrow surprise win – will certainly boost the far-right’s confidence, after it came in first in Thuringia and second in Saxony earlier this month, following state elections that saw all three of Germany’s federally governing parties take massive losses.

Thuringia and Saxony results will likely hang over Brandenburg on Sunday – with Germany’s governing parties, many everyday Germans, and foreigners all watching with some trepidation. Here’s what to watch out for following the Brandenburg result.

READ ALSO: ‘Political earthquake’ – What the far-right AfD state election win means for Germany 

A newly confident AfD insists it must be part of government

The AfD has repeatedly argued that it must be considered as a possible coalition partner to join German governments – whether at the federal, state, or local level. 

“There are no politics without the AfD,” its co-leader Tino Chrupalla said following the Thuringia results. However, all other parties have explicitly refused to work with the AfD to form a governing coalition – meaning that as high as its results this month have been, they fall well short of the absolute majority that would be required to govern alone.

READ ALSO: ‘We need change’: Germany’s far-right eyes power after state election win

However, its getting more difficult to form coalitions to keep the AfD out, with the centre-right CDU in Thuringia even open to governing with the leftwing populist BSW after mainstream parties like the Greens and FDP were thrown out of state parliament entirely.

University of Mainz political scientist Kai Arzheimer, who specialises in the German far-right, says whether the far-right ever get into a German government or not depends mostly on whether – and how – the CDU is willing to work with the AfD.

Thuringia election results on a screen

People watch the first exit polls results for Thuringia’s state elections come in at the State Parliament in Erfurt on September 1st, 2024. Photo by Joerg CARSTENSEN / AFP

“For the time being, it should be able to form coalitions against the AfD, even if they are rather awkward,” says Arzheimer, who adds that even the different regional chapters of the CDU may have different opinions about working with the AfD.

“Within the eastern state parties of both the CDU and the FDP, there seems to be some appetite for coming to an arrangement with the AfD. While a formal coalition would probably split either party, we have already seen some tentative moves towards an informal cooperation.”

Ultimately, the Brandmauer or “firewall” concept in German politics – in which all other parties refuse to work with the AfD – may end up coming under increasing stress on the back of eastern state election results, where governing with the far-right no longer becomes unthinkable.

READ ALSO: EXPLAINED: Could the far-right AfD ever take power in Germany?

What the mainstream parties take from eastern election results

It’s probably no coincidence that Germany’s ruling government decided to re-institute border controls at its land borders with other EU states shortly after the AfD topped the Thuringia state poll, according to Arzheimer, who says the elections are just the latest in a number of things at work when if comes to Germany’s migration debate.

“The border controls, the plans for the stricter enforcement of repatriation orders, and most of all the government’s harsher rhetoric are as much a reaction to Saxony and Thuringia as they are an attempt to control the fallout from the Solingen knife attack and a response to the whole ‘debate’ on immigration,” he says.

“Many experts seem to agree that they are neither practical nor that useful, and introducing them more or less overnight smacks of a degree of panic.”

READ ALSO: Should foreign residents in Germany be concerned about far-right AfD win?

Polls conducted following the election found that migration and internal security issues were big drivers of the AfD vote – despite these being issues for the national, rather than regional, government. 

Of the AfD voters in Thuringia, more than 70 percent said either migration or crime and internal security played the largest role in influencing their vote. Slightly less than ten percent said social security. Despite the AfD’s pro-Russian views, only three percent of AfD voters in Thuringia said Germany’s support of Ukraine decisively influenced their votes.

Besides the mainstream parties like the SPD reacting with spur-of-the-moment migration policies, the Brandenburg result may end up putting pressure on Chancellor Olaf Scholz from within his own SPD.

Brandenburg SPD’s Dietmar Woidke may still be able to hold onto the premiership, but he has said he will resign if he doesn’t beat the AfD outright. Should he lose, calls may grow louder within the SPD for Scholz to resign himself – or at least declare that he won’t stand as a chancellor candidate again.

READ ALSO: How an explosive row over immigration has divided Germany

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