Bulletin n. 0/2004
December 2004
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Ludvig Alice
    Why should Austria be different from Germany? The two recent nationality reforms in contrast
    in German Politics , Volume 13, Number 3, September ,  2004 ,  pp. 499-515
    The article compares and evaluates the two recent reforms of nationality law in Austria and Germany. Before the changes both countries were very similar cases in terms of their nationality and immigration policy. Both relied on strict 'jus sanguinis', the principle of descent which is anchored in their nationality laws. One implication of jus sanguinis is that it constantly reproduces 'new-born' foreigners, as the only way for foreign residents to obtain national citizenship is via naturalisation. This includes the obligation to renounce any former nationality. In its recent amendment in 2000, Germany has softened the principle of descent by introducing limited 'jus soli' with the obligation to opt for one nationality at the age of 23 at the latest. Austria, on the other hand, has stuck to its tradition and introduced restricted reform. The article will outline the context of the two amendments. Why has the outcome been so different although both countries have faced so many similar experiences and circumstances? I will trace the development of both amendments and highlight the backgrounds of these two so contrasting decisions: two different attempts to deal with naturalisation of long-term immigrants and new-born foreigners.
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