This book explores two principles governing migrant citizenship in Germany: the principle of progressive inclusion and the principle of static attribution. It develops both the structural and the legal dimensions of the two principles and proposes a model for the legal empowerment of migrant. In doing so, the book draws on the concept of transnational migration by using three fictional migrant families from Italy, Turkey, and Ukraine to exemplify the particular difficulties resulting from this form of migration being essentially characterized by multiple and simultaneous ties to several countries. The main thesis of the book is that the difficulties faced by this form of migration result from the tension between two principles of migration law. The principle of progressive inclusion< says that migrants are to be included in the host society by approximating their rights progressively to the rights of the citizens of that country. This aim shall be reached by progressively equipping migrants with ever more rights with regard to their host state, corresponding to the growing duration of their stay or their increasing social and economic ties to the host society. According to this principle migrants shall be empowered by rights to enable participation so that becoming a citizen is only the consequence of their legal inclusion. The principle of static attribution, on the other hand, argues that citizenship remains the essential prerequisite for full participation in social, economic and political life. Granting citizenship means rewarding successful integration, according to this principle. Consequently, the principle of static attribution argues for exclusive attribution and loyalty of a person to one state, meaning that multiple citizenships need to be avoided. After tracing the historic emergence of both principles, the structuring function of both principles is developed by analyzing four legal complexes governing transnational migration: residence law, nationality law, social security law and political rights of migrants. Each of these areas of law can be structured by the principle of progressive inclusion on the one hand and by the principle of static attribution on the other hand. While the older principle of static attribution is still prevalent in most of these four fields, the principle of progressive inclusion is increasingly gaining ground. Apart from the structuring function of the two principles, the book argues that progressive inclusion and static attribution can be understood as general principles of law in the sense of Article 38 of the ICJ Statute. As such, both principles imply minimum requirements in relation to the legal situation of transnational migrants and argue among others for abolishing the so-called “optional model” in German nationality law. Based on the idea of minimum requirements the author finally proposes a model for enhancing the effectiveness of the principle of progressive inclusion in migration law. This model includes a minimum set of rights for all migrants, an entitlement to equal rights based on duration of residence or social ties, the acceptance of multiple citizenship, a permanent residence status with privileged rights, and a fast track to citizenship.

Publication details and link to source: Anuscheh Farahat, ‘Progressive Inklusion: Zugehörigkeit und Teilhabe im Migrationsrecht’, Springer, 2014.