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GER100 Lecture Notes - Imperial Germans, Jus Sanguinis, Jus Soli

Course Code
Paul Malone

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26 September 2012
Who is German (Swiss/Austrian) now?
Article 116: [Definition of German Restoration of citizenship]
1. Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person
who possesses German citizenship or who has been admitted to the territory of the German
Reich within the boundaries of 31 December 1937 as a refugee or expellee of German ethnic
origin or as the spouse or descendant of such person.
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.
Definitions of Citizenship
Jus soli
o Principle of birthright based on birthplace (soil)
Jus sanguinis
o Principle of birthright based on descent (blood)
Jus domicili
o Principle of birthright based on residence (domicile)
- In 1913, many Jewish people were trying to get into Germany.
- 1999, the law changed stating that people don’t have to be of German blood to be a citizen.
Different Policies
West Germany
Huge need for foreign labour
Generous asylum laws (pre-1993)
Generous social system
Some need for foreign labour
Harsh asylum laws
Social system favours citizens
They didn’t receive any $ from Marshall
Plan, but donated into it
Huge need for foreign labour
Conservative asylum laws
Social system relatively underdeveloped
Gastarbeiter/”Guest Workers”
Period of recruitment and influx: the original idea was to bring in people for 6 months and trade
them out for new workers.
o Businesses had a problem with it since they didn’t want to go through the effort of
training new workers
West Germany 1955 1973/4
Austria 1962 1973/4
Switzerland 1948 1960
o The oil production nations (e.g. Arabs) “turned off the taps” and due to that the work
demand lessened and then nation tried to send them back.
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