RIGHTS OF FOREIGNERS: GERMANY
THOMAS GROSS
Professor at the University of Giessen
European citizenship is mainly relevant in the areas of residence rights and local elections. Apart from that some court cases concern problems of discrimination of Germans who have made use of free movement rights. The Basic Law restricts several fundamental rights to German nationals but statutory law extends some of them also to foreigners. The new federal Residence Statute adopted in 2004 did not yet implement most of the pertinent directives but an amendment is planned in 2006. In the meantime case law on the direct applicability of the directives is controversial. Several statutes introducing measures against terrorism have been struck down by the Federal Constitutional Court as an infringement of fundamental rights.
