Second-Class Citizens? Restricted Freedom of Movement for Spätaussiedler is Constitutional

Abstract

The right to the freedom of movement for all Germans is one of the nineteen so-called Grundrechte (Fundamental Rights) and is enshrined in Article 11(1) of the German Grundgesetz (Basic Law): “All Germans enjoy freedom of movement throughout the Federal territory.” On 17 March 2004, however, the Bundesverfassungsgericht (Federal Constitutional Court) handed down a decision in which it concluded that the restriction of freedom of movement for one clearly defined group of German citizens is constitutional. Pursuant to the Wohnortzuweisungsgesetz, or Residence Assignment Act, as amended in 1996, Spätaussiedler (ethnic German migrants from the former Soviet Union who are eligible for full citizenship status), may have their freedom of movement restricted during the first three years of their residency in Germany. The restriction on their freedom of movement is triggered if they seek to avail themselves of any of a range of social benefits, including: welfare, some forms of unemployment assistance (Arbeitslosenhilfe), or integration assistance directed at Spätaussiedler, such as a six-month language course. Confronted with the loss of these social benefits, Spätaussiedler who nonetheless choose to exercise their freedom of movement are eligible to receive only a subsistence level of support. This restriction applies, nearly without exception, to all Spätaussiedler for the first three years of their residence in Germany due to the high rate of reliance among Spätaussiedler in their initial years in Germany upon these forms of public assistance.