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Nationality Act
All information about the law on nationality (nationality law).
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what the Nationality Act is
what content the StAG has
Special features of the reforms to the Nationality Act
Everything about the retroactive application of the Nationality Act
1. Content and commentary on the German Nationality Act (StAG)
2. Citizenship Law Reform 2024
3. Nationality Act (old versions)
4. Does the Nationality Act apply retroactively?
5. FAQ Citizenship Law
6. Conclusion on the Nationality Act
1. Content and commentary of the Nationality Act (StAG)
The Nationality Act (StAG) regulates who is German (§ 1 StAG), how German citizenship is acquired (§§ 8 ff. StAG), and how it can be lost (§§ 17 ff. StAG). It constitutes the core of German nationality law and is closely linked to higher-ranking norms such as the Basic Law (Constitution ) as well as to international and EU law. In addition to the central provisions of the StAG itself , Articles 16 and 116 of the Basic Law and international agreements for the protection against statelessness and arbitrary deprivation of citizenship are particularly important. These legal foundations form the framework within which the legislature may act and must always be considered when interpreting the statutory provisions.
In practice, the Nationality Act (StAG) plays a crucial role in naturalization , loss of citizenship , and the determination of citizenship . The structure of the law reflects the complexity of this subject: it includes regulations on acquisition (§§ 3–16), loss (§§ 17–29, 35), determination (§ 30), data protection (§§ 31–34), and legal capacity (§ 37). The law is supplemented by transitional provisions, fee regulations, and federal and state administrative regulations that specify the application of its provisions. The Nationality Act is thus not only a legal framework but also an expression of the fundamental political and societal decision regarding who is part of the German people.
2. Citizenship Law Reform 2024
With the 2024 reform of the Nationality Act, one of the central paradigms of German nationality law was abandoned: the widespread rejection of multiple citizenship . In the future, the possession of several citizenships will generally be accepted, thus eliminating the loss of German citizenship upon acquiring a foreign one. This change marks a profound shift, as German nationality law had been shaped for decades by the idea of preventing dual citizenship. At the same time, the reform shortened the required residency periods for the legal right to naturalization and facilitated the acquisition of citizenship by birth. This so-called " turbo naturalization ," however, has since been abolished .
In addition to these modernization steps, claims for reparations were also enshrined in law – in Section 5 of the Nationality Act (StAG) for unconstitutional injustices and in Section 15 for Nazi-era injustices . With this, the legislature is responding to historical injustices and strengthening the rights of those affected. The reform reflects an integration-oriented and realistic citizenship policy that takes into account the social diversity in Germany. At the same time, it demonstrates an attempt to overcome rigid structures and to understand citizenship as an instrument of democratic participation , not as a means of political exclusion.
3. Nationality Act (old versions)
The Nationality Act, in its older versions, was strongly characterized by restrictive ideas. Naturalization, in particular, was long considered an act of grace, largely decided upon at the discretion of the authorities. Only through the jurisprudence of the Federal Administrative Court and the Federal Constitutional Court did the view prevail that there is a right to naturalization , provided the legal requirements are met. This development contributed decisively to establishing naturalization as a legal entitlement and an expression of the constitutionally protected right to privacy.
The earlier versions also contained numerous obstacles that are now considered detrimental to integration. For example, the requirement of "integration into German society" was introduced as an undefined criterion, which in practice often led to restrictive interpretations. Similarly, the demand for "clarification of identity" was applied without exception for a long time, until the Federal Administrative Court made a constitutionally compliant correction . This historical development illustrates that citizenship law has always reflected social and political debates – between integration, security, and national identity.
4. Does the Nationality Act apply retroactively?
As a general rule, the Nationality Act does not apply retroactively . Amendments to the Act take effect from their entry into force, unless the legislature expressly mandates retroactive application. This occurs only in exceptional cases, such as with reparations provisions or to remedy unconstitutional conditions. An example of this is the introduction of reparations claims in Section 15 of the Nationality Act, which aims to correct historical injustices against victims of Nazi persecution.
The fact that the Nationality Act (StAG) does not apply retroactively has serious practical consequences . When citizenship is passed from one generation to the next ( naturalization by descent ), the law in force at the time of the transfer must be considered. Therefore, if it is investigated whether German citizenship was passed from grandmother to mother, the current Nationality Act (StAG) does not apply; instead, the law in force at the time (e.g., the Reich and Nationality Act, or RuStAG ) applies. Examining the transmission of citizenship across multiple generations thus requires above-average knowledge of nationality law, as old (no longer valid) laws must be examined. This can even overwhelm lawyers.
5. FAQ Citizenship Law
What exactly does the Nationality Act regulate?
The Nationality Act (StAG) defines who is German, how German citizenship is acquired, and under what conditions it can be lost. It constitutes the central law of German citizenship law and supplements the constitutional provisions, in particular Articles 16 and 116 of the Basic Law (GG).
Does the Nationality Act apply retroactively?
Generally not. The law in force at the time of acquiring or losing citizenship is decisive.
6. Conclusion on the Nationality Act
The Nationality Act (StAG) forms the core of German nationality law. It defines not only who is German, but also how nationality is acquired, lost , or determined . Its structure reflects the multifaceted nature of questions of belonging and integration in practice. The 2024 reform set new standards by permitting dual citizenship, modernizing naturalization procedures, and closing historical gaps in justice. At the same time, the StAG demonstrates how strongly nationality law is shaped by societal change. Older versions continue to have an impact today, particularly in cases of ancestry spanning multiple generations. Those who must examine such complex situations require in-depth expertise and access to historical norms. Overall, the StAG represents a legal foundation that understands belonging not as a static concept, but as a dynamic one – situated between individual lived experience, historical responsibility, and societal development.
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List of Sources (Paywall)
[1] Hailbronner in: Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th ed. 2022, StAG
[2] Walter Schätzel, Das deutsche Staatsangehörigkeitsrecht (Kommentar RuStAG), Sammlung Guttentag, 01.01.1958
[4] Administrative guidelines for residence in Berlin (VAB), as of 18 February 2025, section S
[5] Act on the Modernisation of Nationality Law (StARModG) of 27 June 2024
[6] Reich and State Citizenship Law (RuStAG) of 22 July 1913