Daily Archives: November 18, 2019

“This is a discretionary act that you have to go in begging for. What we want is our constitutional right under Article 116.”

BBC News: The fight to get citizenship for descendants of German Jews. “A British lawyer is accusing the German government of violating the country’s constitution by refusing to restore the citizenship of thousands of people descended from victims of the Nazis. He argues that the law began to be misapplied under the lingering influence of former Nazis in the 1950s and 60s, and that it’s still being misapplied today.”

“How the German government interprets Article 116
Automatic right to citizenship is denied to people:

  • Born out of wedlock, before 1993, to a formerly German father with a foreign mother
  • Adopted by formerly German parents before 1977
  • Whose ancestor acquired foreign citizenship before being stripped of German citizenship
  • Born before 1 April 1953 to a formerly German woman (and a non-German man) who fled Germany before being stripped of citizenship
  • Born after 31 December 1999
  • Whose ancestors were Jewish members of German communities annexed by the Nazis during their military expansion, such as Danzig and Czechoslovakia (non-Jewish Germans in these areas were naturalised en masse, but Jews were not)”
  • I looked up Article 116 of the Basic Law (official translation):

    “[Definition of “German” – Restoration of citizenship]
    […]
    (2) Former German citizens who, between 30 January 1933 and 8 May 1945, were deprived of their citizenship on political, racial or religious grounds and their descendants shall, on application, have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8 May 1945 and have not expressed a contrary intention.”

    Grundgesetz Artikel 116

    “[…]
    (2) Frühere deutsche Staatsangehörige, denen zwischen dem 30. Januar 1933 und dem 8. Mai 1945 die Staatsangehörigkeit aus politischen, rassischen oder religiösen Gründen entzogen worden ist, und ihre Abkömmlinge sind auf Antrag wieder einzubürgern. Sie gelten als nicht ausgebürgert, sofern sie nach dem 8. Mai 1945 ihren Wohnsitz in Deutschland genommen haben und nicht einen entgegengesetzten Willen zum Ausdruck gebracht haben.”