Saxony-Anhalt to Mandate Israel Recognition in German Citizenship Applications

Germany’s state of Saxony-Anhalt has recently introduced a contentious policy that requires all applicants for German citizenship to formally acknowledge Israel’s right to exist.

This declaration, mandated by the ruling CDU government and announced in December, insists that applicants must express their belief in Israel’s existence in writing, or face the rejection of their citizenship application. This move, spearheaded by CDU Minister Tamara Zieschang in Magdeburg, marks a significant shift in the naturalization process, diverging from the current practice where applicants affirm the existence of all foreign states recognized by the federal republic, including Israel, but without explicitly naming any state.

The decree, which stipulates the use of specific wording in the declaration, has sparked legal questions and widespread criticism. Legal experts, including Berlin-based lawyer Ahmed Abad, question the legal foundation of such a policy. Immigration lawyer Sven Hasse notes that the decision leans on the belief that recognizing Israel’s right to exist falls under the commitment to Germany’s democratic constitutional system. However, the legality of this change is yet to be determined by German courts.

Furthermore, the decision has faced criticism for its perceived unfairness, particularly towards Palestinians in Germany and those familiar with the Middle East conflict. It raises concerns about differing expectations for natural-born German citizens and those with migrant backgrounds seeking naturalization. The Federal Interior Minister Nancy Faeser has shown openness to the idea, suggesting potential nationwide implementation, despite the ongoing debate.

The policy also reflects a broader stance within the German government. The CDU’s leader Friedrich Merz had previously faced criticism for proposing a similar idea. The SPD-led Federal Interior Ministry and the SPD parliamentary group have deemed the idea unnecessary, pointing to planned reforms in citizenship law that clarify actions incompatible with Germany’s constitutional values, including anti-Israeli antisemitism.

In practice, the decree makes a clear recommendation for the wording of the declaration. Applicants must acknowledge Germany’s special responsibility towards Israel and condemn any antisemitic endeavors. This requirement extends beyond the existing law, which mandates a solemn pledge of allegiance to Germany’s constitution and laws. The new decree elevates Israel’s right to exist as a prerequisite for obtaining German citizenship, rooted in the belief that Israel’s security and the protection of Jewish life in Germany are of paramount importance.

Criticism of the policy isn’t confined to its legal aspects but extends to its focus and implications. Volker Beck, President of the German-Israeli Society, has expressed conditional support for the decree while questioning its overtly political tone. The decree also includes provisions for revoking naturalization in cases of deceitful declarations, further complicating the issue.

Amid these developments, Federal Justice Minister Marco Buschmann (FDP) has announced intentions to more rigorously scrutinize antisemitic motivations in citizenship applications, even in minor offenses. This reflects a growing emphasis on antisemitic attitudes in the naturalization process, underscoring the complex interplay of legal, ethical, and political factors in Germany’s citizenship policies.

This policy in Saxony-Anhalt, with its focus on inner beliefs and political stances, represents a significant moment in German citizenship law, highlighting the evolving nature of national identity and the integration of immigrants in a globally connected world.