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#BREAKING NEWS🚨

#GERMANY #USA #Karlsruhe #JEWISH #PERSON #decision #imigration

The Federal Constitutional Court ruled in favor of a US citizen who resisted the rejection of her application for German citizenship.

The top judges stated in a judgment announced on Thursday that illegitimate descendants of expatriate German Jews and other victims of Nazism also had the right to be naturalized again under Article 116 of the Basic Law.

The daughter of a Jewish emigrant born in 1921 who had fled to the United States and had been expatriated by the Nazis had sued. The German authorities had denied her naturalization. The reason given was that, as a child born out of wedlock,

you generally have no right to German citizenship. In the view of the Chamber of the Second Senate, this violates "fundamental value decisions of the Basic Law". The German constitution shows that all children should be treated equally - regardless of their marital status.

In the present case, this had not happened. According to the Federal Constitutional Court, there is also a violation of the requirement of equal rights for men and women if the acquisition of German citizenship is only recognized in relation to the mother.

The parents were not married, but the father later recognized them as his child. In 2013, the woman applied for naturalization under Article 116 and was resident in Germany. However, the Federal Office of Administration rejected her application.

The applicant's father belonged to the group of people named in the Basic Law. However, since she was born out of wedlock, she could not have acquired the right to German citizenship from her father at the time, the authority justified the decision.

A lawsuit before the administrative courts, however, was unsuccessful, and the applicant finally filed a complaint with the Federal Constitutional Court.

The Federal Constitutional Court (Supreme Court in Germany) now determined in the last instance that children of expatriate Germans should not be disadvantaged because of their illegitimate birth when applying citizenship law.

Different treatment is only justified if it is necessary to achieve the equality of illegitimate children with legitimate children and to pursue a legitimate aim.

When interpreting Article 116 of the Basic Law, the administration and the courts had used a too narrow concept of descendants in the present case and

had also failed to take into account that the interpretation of this term must also include the illegitimate descendants of a German father who had been expatriated. A restriction to "marital descendants" cannot be found in Article 116.

"The expatriation of Jewish citizens within the meaning of the National Socialist legislation remains a historical event that as such cannot be removed afterwards.

Article 116.2 of the Basic Law, however, wants to compensate as far as possible for the injustice done to the expatriate victims," the judges ruled.

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