Reparation naturalization: German citizenship as reparation – your rights under Art. 116 GG and § 15 StAG

To this day, the injustice of National Socialist persecution continues to affect many families: not only emotionally, but also legally. Between 1933 and 1945, many people lost their German citizenship, had it revoked or were never able to acquire it due to racial, political or religious discrimination. Many of their descendants live abroad today and are unaware that they are legally entitled to German citizenship as a form of rehabilitation and reparation. With the right legal instruments, it is possible to assert this claim, often even across generations.

Reparation naturalization is not an ordinary naturalization procedure. It does not serve the purpose of integration, but rather the recognition of historical injustice. It is based on two central legal principles: Article 116 Paragraph 2 of the Basic Law and Section 15 of the Citizenship Act. While the former makes amends for the formal withdrawal of citizenship, the latter corrects discriminatory exclusions that could never lead to acquisition. Today, both regulations offer real, but often unused, opportunities for those affected and their families, without a language test, proof of residence or the obligation to give up their previous citizenship.

In this article, the lawyer and specialist lawyer for migration law Björn Maibaum provides information about for whom restitution naturalisation is relevant today, which legal requirements must be met and how the basis for entitlement differs in Article 116 of the Basic Law and § 15 of the Criminal Procedure Act. You will also learn about the role of legal support in this often complex procedure and how you can take the path to German citizenship safely and with legal certainty.

Why is restitution naturalization still important today?

Reparation naturalization is a special procedure under constitutional law through which people regain German citizenship or are granted it for the first time if it was denied or withdrawn due to National Socialist persecution or discriminatory laws. It is not a classic naturalization in the traditional sense, but a form of legal and moral reparation for the injustices committed during the Nazi era between 1933 and 1945.

The aim is to give those affected and their descendants the opportunity to regain German citizenship under simplified conditions. Restitution naturalization is not only aimed at people persecuted by the Nazi regime who were deprived of German citizenship, but also at their descendants, who can thus obtain German citizenship for the first time.

Historical background of naturalization for restitution

Between 1933 and 1945, numerous people lost their German citizenship for political, racial, religious or other reasons. Jewish Germans and political opponents of the Nazi regime were particularly affected, as were other groups who were considered undesirable. One of the reasons for this was the law on the revocation of naturalization and the withdrawal of German citizenship of 14 July 1933. Many people were expatriated as a result of the Nazi regime’s legislation or were forced to flee abroad and take on a new citizenship there. The loss of citizenship was also associated with the loss of identity and homeland.

The Federal Republic of Germany recognized this injustice when the constitution came into force in 1949 and enshrined a right to restitution for those affected and their descendants in Article 116 (2) of the Basic Law. Since 2021, the provision in Section 15 of the Citizenship Act has supplemented this regulation in order to correct discriminatory exclusions that go beyond Article 116 (2) of the Basic Law and that did not result from formal denaturalization.

Reparation naturalization still relevant today

Many descendants of victims of Nazi persecution now live abroad, particularly in Israel, the USA, Canada, Great Britain, Australia or South America. For them, restitution naturalization is often not only a legal option, but also a symbolic step towards reconnecting with Germany. German citizenship can open doors, for example to study, work, travel and a European living space, without having to give up their previous citizenship. In addition, many see the act of naturalization as a sign of belated recognition of the suffering inflicted on their ancestors.

The fact that naturalization by restitution is still relevant in practice today is shown by the fact that not all those affected within the meaning of Article 116 Paragraph 2 of the Basic Law or Section 15 of the Citizenship Act have made use of their rights. Many expatriates or their descendants have still not regained German citizenship. There are many reasons for this: ignorance, bureaucratic hurdles or procedures that are not tailored to them.

At the same time, ethnic Germans and their relatives still apply for admission to the Federal Republic of Germany, which makes it clear that the historical context of naturalization is still relevant. The constitutional reparations provision is therefore by no means a closed chapter, but an ongoing expression of the responsibility of the German state towards the victims of National Socialism and their descendants.

What is the legal basis of Article 116(2) of the Basic Law?

Article 116(2) of the Basic Law regulates the constitutional restitution of lost citizenship and refers to the discriminatory practices and arbitrary measures of the National Socialist rulers in connection with German citizenship. Sentence 1 is aimed at persons who were deprived of their German citizenship for political, racial or religious reasons between January 30, 1933 and May 8, 1945. Sentence 2 clarifies that persons who continued to live in Germany after May 8, 1945 are not considered to have been expatriated.

With this provision, the Basic Law not only establishes formal equality, but also the integrity of the German nation, which was violated by the arbitrary acts of the Nazi state.

Who is protected by Article 116(2) of the Basic Law?

Article 116 (2) of the Basic Law covers in particular people who have been disenfranchised by the following measures:

• Individual expatriations under the Law on the Revocation of Naturalizations and the Withdrawal of German Citizenship of 14 July 1933,
• Collective naturalizations through the 11th Ordinance to the Reich Citizenship Act of 25 November 1941, which particularly affected Jewish Germans.

In the case of these expatriations, a political, racist or religious background is assumed, which does not have to be proven in individual cases. Other expatriations, on the other hand, sometimes require a case-by-case examination of the motive for persecution.

This does not include persons who had already lost their German citizenship by their own decision, for example by accepting a foreign citizenship, before the expatriation initiated by the National Socialists (according to the Federal Constitutional Court: BVerfGE 23, 98 (108)).

On the other hand, subsequent naturalization in another country does not preclude the return of German citizenship, even if this results in dual citizenship. In this context, the Basic Law expressly accepts multiple nationality in order to rehabilitate the victims. Since the Citizenship Modernization Act (StARModG) came into force on 27 June 2024, multiple nationality is possible in any case.

Austrian nationals who became German citizens through the Anschluss of the Austrian Republic and later lost this citizenship for political, racial or religious reasons are excluded from the provisions of Art. 116 para. 2 GG (see BVerwGE 85, 108 (116 ff.)). There is then no entitlement to re-naturalization as a German under Art. 116 para. 2 GG.

Who can refer to this article?

In addition to the original expatriates, their descendants are also eligible, i.e. children, grandchildren and other descendants in the direct line. The prerequisite is that they would have acquired German citizenship by descent if their ancestor had not been denaturalized.

Since a reform in 2021, this also includes children born out of wedlock to German fathers, which takes account of constitutional court rulings on equal treatment. However, spouses or other family members outside the direct line of descent are not included, even if the idea of reparation can be taken into account in individual cases when making a discretionary decision.

Legal consequence

The return of citizenship is retroactive. In legal terms, this means that the person concerned is treated as if they had never lost their German citizenship. This is not a classic naturalization, but a constitutional rehabilitation.

What is the legal basis for § 15 StAG?

For the legislator, the scope of application of Art. 116 para. 2 GG was too narrow, so that an important gap was closed with Section 15 StAG in 2021. While Article 116 of the Basic Law is exclusively linked to the withdrawal of citizenship, Section 15 of the Citizenship Act also allows naturalization for people who have lost German citizenship or have never acquired it, even though they would have been able to do so without Nazi persecution or even though they had submitted a corresponding application. The regulation is based on the idea that the denied acquisition or loss (and not the withdrawal, as required by Art. 116 of the Basic Law) was also an expression of National Socialist injustice and requires rehabilitation.

Who is eligible to apply?

§ Section 15 StAG covers four groups of cases in which the persons concerned never became German, although they would presumably have done so without National Socialist persecution or discrimination. The provision distinguishes between four constellations:

• No. 1: Persons who lost or gave up their German citizenship before February 26, 1955: This first group includes people who were not actively expatriated under Nazi laws, but were forced to give up their German citizenship due to the persecution situation or lost it due to other circumstances. This includes people who lost their German citizenship in exile after emigrating from Germany, for example by acquiring a new citizenship or by being released from German citizenship in accordance with §§ 18 ff. and 25 para. 1 RuStAG old version. Women who automatically lost their citizenship through marriage to a foreign national are also included. The time limit of February 26, 1955 is linked to a previously existing restitution regulation (§ 12 StAngRegG of February 22, 1955), so that cases after this date are no longer covered by this variant.
• No. 2: Persons who were excluded from legally acquiring citizenship through marriage, legitimation or collective naturalization: The second group concerns people who were unable to obtain German citizenship through automatic legal acquisition channels, for example by marrying a German spouse, through subsequent legitimation or by participating in collective naturalization procedures. Jews, Sinti and Roma as well as other persecuted persons were particularly affected, as they were denied even these otherwise common ways of acquiring citizenship for racist reasons. For example, people were excluded from collective naturalization for political, racial or religious reasons. This is significant, for example, for people from the Czechoslovak Republic (Protectorate of Bohemia and Moravia) and the Republic of Lithuania or the so-called Memel countries, but also in areas of Lower Styria, Carinthia and Carniola.
  
  This category also includes ethnic Germans who were denied naturalization under the so-called “German National List” (e.g. Eastern German territories, Ukraine) or comparable regulations for political or racist reasons. This group differs from Group 1 in that the persons concerned were never German, whereas Group 1 is based on the assumption that they were lost earlier. In principle, however, the areas of application of No. 1 and No. 2 overlap.
• No. 3: People who were not naturalized, although they would have hadthe prospect of naturalization under normal circumstances: The third eligibility group includes people who were not naturalized in National Socialist Germany, although they would presumably have become naturalized under the rule of law. This includes people who applied for naturalization but were rejected because of their political, religious or ethnic affiliation, as well as those who were effectively prevented from applying. In addition, the group also includes those who were generally excluded from naturalization because certain population groups (such as Jews or Sinti and Roma) were generally not allowed to be naturalized under Nazi rule. Even without a specific application, a systematic prevention of acquisition can be assumed in such cases.
• No. 4: Persons who lost their residence in Germany as a result of persecution: The fourth case group refers to persons who had established their habitual residence in Germany before January 30, 1933, or as children also after this date, but lost this residence as a result of National Socialist persecution. This applies in particular to stateless persons and foreigners who lived in Germany for years or decades before being forced to emigrate, deported, expelled or subjected to coercive measures abroad. The loss of residence also deprived them of the opportunity to become German citizens through naturalization. Their habitual residence must have been within the borders of Germany as of December 31, 1937.

The entitlement also applies to descendants, i.e. children, grandchildren and their descendants as well as children adopted before January 1, 1977.

In all these cases, no formal loss of citizenship is required, as Section 15 of the German Citizenship Act regulates the original exclusion from acquiring citizenship.

Exceptions

Persons who have been sentenced by a domestic court to two years or more imprisonment or juvenile detention for one or more intentional criminal offences are excluded from restorative naturalization under § 15 StAG. Also excluded are persons who were sentenced to preventive detention at the time of their last final conviction. Foreign convictions can also speak against naturalization.

Pursuant to Section 15 sentence 2 StAG, persons who acquired German citizenship after 8 May 1945 but gave it up or lost it are also excluded from restitution naturalization pursuant to Section 15 StAG. Sentence 3, however, contains a retroactive exception to this provision, in the case of which the entitlement to naturalization is retained.

Sentence 3 applies to all persons who (re)acquired their German citizenship after May 8, 1945 and subsequently lost it again if this occurred through marriage to a foreigner or through legitimation by a foreigner that is effective under German law. The loss of citizenship was based on the provisions of § 17 No. 6 RuStAG old version and § 4 Para. 1 Hs. 1 RuStAG old version, which were contrary to equality. Legitimation means the subsequent marriage of the illegitimate father with the mother of the child.

Legal consequence

According to § 15 StAG, there is an indefinite entitlement to naturalization under simplified conditions. There are no language proficiency requirements, no proof of livelihood is required, there is no residency requirement and there is no obligation to renounce an existing nationality. In contrast to Article 116 Paragraph 2 of the Basic Law, however, this is a genuine naturalization, i.e. the first-time acquisition of citizenship by administrative act.

What are the differences and similarities between Article 116 GG and § 15 StAG?

Both Article 116(2) of the Basic Law and Section 15 of the StAG pursue the common goal of legal and moral reparation for National Socialist injustice. The prerequisite for the application of both provisions is that the persons concerned or their ancestors were persecuted for political, racial or religious reasons in the period between January 30, 1933 and May 8, 1945. It does not matter whether the persecution measure was based on an individual administrative act or on a general legal basis. The decisive factor is that the measure was an expression of National Socialist ideology and that the persons concerned were deliberately excluded from the German state or excluded from belonging to it.

Differences

The decisive difference between the two provisions lies in the type of injustice under nationality law that is to be corrected. Article 116(2) of the Basic Law is aimed at persons who were deprived of their German citizenship during the Nazi regime. This may have been the case, for example, through formal denaturalizations under the 11th Ordinance to the Reich Citizenship Act or through individual revocations under the 1933 Denaturalization Act.

Their descendants, i.e. children, grandchildren or other descendants in the direct line, can also invoke this constitutional norm if they would have become German citizens if their ancestors had not been denaturalized. The legal consequences are particularly far-reaching: German citizenship is deemed never to have been interrupted in these cases and is not granted again. The person concerned is placed in the same legal position as if the loss of citizenship had never taken place.

§ Section 15 of the Citizenship Act, on the other hand, is aimed at people who never became German due to National Socialist discrimination, although they would presumably have become German under the rule of law. The provision therefore concerns cases in which the acquisition of German citizenship by birth or naturalization was prevented by legal discrimination.

In these cases, German citizenship is acquired through simplified naturalization. This is a simple legal entitlement and not a constitutionally guaranteed restitution as provided for in Article 116 of the Basic Law. Nevertheless, this entitlement is also an expression of the state’s will to make amends. Naturalization takes place under far-reaching simplified conditions, i.e. without a language test, without a residency requirement and with fundamental recognition of dual nationality – even if this was actually not yet possible (dual or multiple nationality has only been legally permissible again in principle since 27 July 2024).

The aim of both regulations: Restoration of citizenship

Despite their different legal formulations, both provisions are united by a common historical and ethical claim, namely the restoration of citizenship for people who were denied this citizenship solely on the grounds of their origin, religion or conviction. While Article 116 Paragraph 2 of the Basic Law retroactively restores former citizenship, Section 15 StAG grants new access to German citizenship for those who were never able to become part of the German legal community through no fault of their own. Which provision applies in an individual case depends on the specific circumstances and should be carefully examined.

Why is legal support urgently recommended for the naturalization process?

Applying for restitution naturalization is not a mere formality. Rather, it requires legal expertise, historical sensitivity and often a detective’s instinct. Although the restitution or granting of German citizenship in the context of restitution is a legally guaranteed right, the practical enforcement of this right can pose considerable challenges for those affected.

Many applicants are faced with the difficulty of obtaining historical documents from the Nazi era or from the exile of their ancestors. These are often incomplete, destroyed or difficult to find. The legal classification is also not always clear: whether a case falls under Article 116 Paragraph 2 of the Basic Law or Section 15 StAG depends on sometimes complex family history and legal-historical contexts. The assessment of whether and on what basis a claim exists should therefore not be made alone.

Legal support from a specialist lawyer

Attorney Björn Maibaum is a specialist lawyer for migration law and has particular experience in the field of citizenship and restitution naturalization. In his legal practice, he has assisted numerous clients in the successful enforcement of their claims: from the initial consultation to the structured preparation of documents and representation before the Federal Office of Administration.

His team supports clients not only in examining the basis of claims, but also in the often difficult process of obtaining and evaluating historical evidence from archives, civil status registers or international authorities. Legal support is indispensable, particularly in the case of complex family relationships, gaps in naturalization or name changes. An application prepared by a lawyer also ensures that the application is complete, formally correct, on the correct legal basis and convincingly formulated. This is a decisive factor for speedy processing by the competent authority.

If you or your family belong to the group of people affected and would like to claim German citizenship as part of the restitution process, we will be happy to assist you. Make an appointment for a consultation – we will walk the path to German citizenship together with you: with legal clarity, historical understanding and personal commitment.

Conclusion

• Naturalization as reparation: Naturalization as reparation enables people who lost their German citizenship between 1933 and 1945 as a result of the Nazi regime for racist, political or religious reasons, or who were never able to obtain it, to regain it under easier conditions. Their children, grandchildren and other descendants may also be entitled to this.
• There are two legal bases for restorative naturalization: Article 116 (2) of the Basic Law restores citizenship retroactively if it has been withdrawn. § Section 15 StAG allows naturalization if acquisition was prevented by discrimination. Both regulations also apply to descendants.
• Advantages for those affected and their families: naturalization takes place without a language test, without residence in Germany and without giving up previous citizenship. German citizenship opens up access to education, the labor market and European freedom of movement. Many also see it as a belated recognition of the injustice they have suffered.
• The application process is legally and historically demanding: the procedures require a close examination of the family history and legal details. Those affected often have to obtain evidence from abroad or from archives. It is crucial to submit the right application on the appropriate legal basis.
• Legal support is important here: an experienced specialist lawyer for migration law such as Björn Maibaum can not only check the basis of the claim, but also help with preparation, obtaining evidence and communicating with the authorities. This significantly increases the chances of successful and speedy naturalization.