Conference paper

Appeared in: Recent trends in German and European constitutional law. German reports presented to the XVIIth International Congress on Comparative Law, Utrecht, 16 to 22 July 2006

Editor list: Riedel, Eibe; Wolfrum, Rüdiger

Publication year: 2006

Pages: 63-105

ISBN: 978-3-540-34667-8

eISBN: 978-3-540-37720-7

DOI Link: https://doi.org/10.1007/978-3-540-37720-7_3

Conference: 17th International Congress on Comparative Law

Title of series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Number in series: 188

Abstract: 

A report on the legal position of migrants has to first clarify who, in the context particular to Germany, should be regarded as a ‘migrant’. A definition of the term could be based on the assumption that migration, or more specifically international migration, is a social phenomenon involving people who, at least once in their lifetime and for whatever reasons, made the decision to move across an international border in order to relocate in a country different from their origin. For the purpose of this report, this definition seems overly inclusive, for two reasons. First, German nationals are not a proper subject of investigation, although they statistically form the largest migrating nationality per year — both with respect to expatriation and repatriation.¹ Taking into account that international law and German constitutional law guarantee them an unrestricted right to leave and return,² the legal regime that is relevant to them would not be of significant interest here. There is one caveat to this preclusion. The term ‘Germans’ as defined in Art. 116 Basic Law (Grundgesetz, the German Constitution) includes ethnic Germans living abroad who actually do not hold German nationality. These Germans and their relatives obtain German nationality with their recognition under a statutory procedure, which occurs immediately after their arrival. They are usually not covered by statistical data on the migrant population.

Harvard Citation style: Bast, J. (2006) The Legal Position of Migrants – German Report, in Riedel, E. and Wolfrum, R. (eds.) Recent trends in German and European constitutional law. German reports presented to the XVIIth International Congress on Comparative Law, Utrecht, 16 to 22 July 2006. Berlin: Springer. pp. 63-105. https://doi.org/10.1007/978-3-540-37720-7_3

APA Citation style: Bast, J. (2006). The Legal Position of Migrants – German Report. In Riedel, E., & Wolfrum, R. (Eds.), Recent trends in German and European constitutional law. German reports presented to the XVIIth International Congress on Comparative Law, Utrecht, 16 to 22 July 2006. (pp. 63-105). Springer. https://doi.org/10.1007/978-3-540-37720-7_3