Citizenship controversies in Germany: The twin legacy of Völkisch nationalism and the Alleinvertretungsanspruch

Abstract

For many Germans, citizenship is a problematic and emotive issue, as is demonstrated by the controversies generated around current attempts to modernise and ‘normalise’ German citizenship law. This article looks to German history to account for the failure of successive governments to effect such change. It asserts that two key historical developments have been decisive in stalling a ‘normal’ western European pattern of policy development in this field. First, the concept and law of citizenship in Germany were originally formulated in the context of nation‐state development based on cultural or ‘völkisch’ nationalism. Second, West German governments subordinated the development of citizenship policy to the aim of upholding the West German claim to be the sole legitimate representative of the Germans, thereby denying the legitimacy of the GDR. The unification of Germany in 1990 removed the specific constraints which had brought about the stalled citizenship policy. The article contrasts a Kulturnation (ethno‐cultural) stance on citizenship issues with a Verfassungsnation (civic‐territorial) understanding, and identifies contemporary partisan positions within this conceptual framework.