Düsseldorf Administrative Court, 29.07.2024, Ref.: 8 K 1094/24
In a landmark ruling, the Düsseldorf Administrative Court ruled in favour of an applicant who had applied for naturalisation in Germany. The dispute centred on the question of whether clarification of Kosovan citizenship is a mandatory requirement for naturalisation and what obligations to cooperate the naturalisation applicant has. This judgement sheds light on important aspects of German citizenship law and administrative practice.
Case Background
The applicant, born in Kosovo and in possession of a settlement permit since 2014, applied for naturalisation in 2021 in accordance with Section 10 (1) sentence 1 StAG. The competent authority made naturalisation dependent on the applicant renouncing her alleged Kosovan citizenship, although the applicant argued that she had never acquired it. The authority referred to Art. 155 of the Constitution of Kosovo, which automatically grants Kosovan citizenship to all persons who were resident in Kosovo on 1 January 1998.
Court Decision
Legal basis: Section 10 (1) sentence 1 StAG
According to § 10 para. 1 sentence 1 StAG, there is an entitlement to naturalisation if certain requirements are met. These include, among others
- legal and habitual residence in Germany for at least five years,
- clarified identity and nationality,
The court found that the applicant fulfilled all the requirements for naturalisation and that there were no grounds for refusal (Section 11 StAG).
Clarified identity and nationality
The court emphasised that according to the case law of the Federal Administrative Court (BVerwG, judgment of 23 September 2020 - 1 C 36.19 -, para. 17), clarification of identity takes precedence over clarification of nationality. The applicant's identity had been clarified beyond doubt, inter alia by the Yugoslavian passport submitted and by her statements about her curriculum vitae.
Kosovo citizenship was clarified by the court as part of the fact-finding process in accordance with Section 173 VwGO in conjunction with Section 293 ZPO. According to Art. 155 para. 1 of the Constitution of Kosovo and Art. 29 of the Kosovo Citizenship Law of 2008, persons who resided in Kosovo on 1 January 1998 are automatically granted Kosovar citizenship. The applicant's statements and the documents submitted left no doubt that she fulfils the requirements.
Unreasonableness of subsequent registration
The court rejected the defendant's demand for subsequent registration in Kosovo. It argued that the presentation of certain documents such as a Kosovan passport is not a legal requirement (see BVerwG, judgement of 8 February 2005 - 1 C 29.03 -, para. 18). The applicant had provided other evidence to prove that she was a Kosovan citizen.
The court also referred to the decree of the Ministry of the Interior of North Rhine-Westphalia of 19 August 2021, according to which persons born in Kosovo are to be regarded as Kosovar citizens, unless there is any other doubt.
Legal analysis: step-by-step model and duties to cooperate
The step-by-step model of the Federal Administrative Court
The graduated model, which was originally developed for clarifying identity (BVerwG, judgement of 1 September 2011 - 5 C 27.10 -, para. 11), stipulates that identity is generally proven by official documents such as a passport. However, a rigid rule according to which citizenship can only be proven by certain documents was rejected.
The Düsseldorf Administrative Court emphasised that this model cannot be applied without restriction to the clarification of nationality. Nationality is a question of fact that must be clarified according to the free assessment of evidence by the court (BVerwG, judgement of 8 February 2005 - 1 C 29.03 -, para. 18). It is disproportionate to require the applicant to re-register in Kosovo, as this is neither required by law nor necessary to establish Kosovan nationality.
Duty to cooperate pursuant to Section 82 (1) sentence 1 AufenthG
The authorities argued that the applicant had not fulfilled her duty to cooperate. According to Section 82 (1) sentence 1 AufenthG, naturalisation applicants are obliged to cooperate in establishing facts that are relevant to the procedure. However, the court made it clear that this obligation must not be overstretched and that subsequent registration in Kosovo would be unreasonable, particularly in view of the political and administrative hurdles on the ground.
Significance of the judgement for German nationality law
Strengthening the rights of naturalisation applicants
The ruling strengthens the rights of naturalisation applicants by clearly limiting the requirements for the duty to cooperate. It shows that authorities may not demand excessively strict proof if identity and nationality can be credibly established in other ways.
Relationship between declaring identity and citizenship
The court emphasised that clarification of identity is a key requirement and that citizenship can often be derived from establishing identity. This view is in line with the case law of the Federal Administrative Court (judgement of 23 September 2020 - 1 C 36.19 -, para. 12) and helps to make the procedure more transparent for naturalisation applicants.
Practical consequences for administrative practice
The decision makes it clear that the authorities must orientate themselves more towards the real situation in the countries of origin. In cases such as that of the applicant, in which nationality can be clarified without additional measures, further requirements are disproportionate.
Legal and social relevance
Case law references
The judgement builds on a number of important decisions by the Federal Administrative Court and other courts, including:
- BVerwG, judgement of 23 September 2020 - 1 C 36.19 (to clarify identity and nationality),
- BVerwG, judgement of 8 February 2005 - 1 C 29.03 (on the free assessment of evidence in matters of nationality),
- OVG NRW, judgement of 29 June 2020 - 19 A 1420/19.A (to determine foreign law in nationality law).
Legal basis
The legal judgement is based primarily on:
- § 10 StAG (Naturalisation requirements),
- § Section 12 StAG (avoidance of multiple nationality),
- § Section 82 (1) sentence 1 AufenthG (Obligations of foreigners to co-operate),
- Art. 155 Kosovan Constitution (acquisition of Kosovan citizenship).
Source: Administrative Court of Düsseldorf
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