The persecution carried out during the National Socialist dictatorship had devastating consequences for millions of people, many of whom were stripped of their rights and their German citizenship. Among those most affected were Jewish citizens, political opponents, and other marginalized groups who were systematically excluded from German society.
Although the injustices of this period cannot be undone, the German constitution — specifically Article 116 (2) of the Basic Law — provides a legal pathway for redress. This provision enables victims and their descendants to reclaim German citizenship, acknowledging historical wrongs while offering a meaningful connection to Germany today.
Article 116 (2) of the German Basic Law states:
This entitlement naturalisation ensures that individuals who meet the criteria have a legally guaranteed right to citizenship restoration. It also extends to descendants who were unable to inherit citizenship because of the persecution their ancestors faced.
Two main legal mechanisms were used by the Nazi regime to deprive people of their citizenship:
Both measures were key tools of exclusion, disenfranchisement, and persecution.
Eligibility under Article 116 (2) requires:
In addition to Article 116 (2), Section 15 of the German Citizenship Act (introduced in August 2021) broadened eligibility.
This provision applies to those who:
This modern regulation further expands opportunities for restitution, ensuring that gaps left by Article 116 (2) are addressed.
Pros:
Cons:
Article 116 (2) of the German Basic Law is a powerful mechanism for restoring citizenship to those who lost it due to National Socialist persecution — and to their descendants. Together with Section 15 of the Citizenship Act, it reflects Germany’s commitment to acknowledging historical injustices and providing tangible restitution.
For many families, reclaiming citizenship is not only about legal rights but also about restoring a connection to heritage, identity, and history.
Although the injustices of this period cannot be undone, the German constitution — specifically Article 116 (2) of the Basic Law — provides a legal pathway for redress. This provision enables victims and their descendants to reclaim German citizenship, acknowledging historical wrongs while offering a meaningful connection to Germany today.
What Article 116 (2) Says
Article 116 (2) of the German Basic Law states:
This entitlement naturalisation ensures that individuals who meet the criteria have a legally guaranteed right to citizenship restoration. It also extends to descendants who were unable to inherit citizenship because of the persecution their ancestors faced.
Historical Context
Two main legal mechanisms were used by the Nazi regime to deprive people of their citizenship:
- Individual de-naturalisation (1933) – Under the Law on the Revocation of Naturalization and the Withdrawal of German Citizenship of 14 July 1933, the regime could revoke the citizenship of individuals and their descendants if they were considered politically or racially “undesirable.” This disproportionately affected political opponents and emigrants who had fled abroad.
- Collective expatriation of Jews (1941) – The Eleventh Ordinance to the Reich Citizenship Act of 25 November 1941 automatically stripped Jews living abroad of their citizenship, targeting those who had fled persecution.
Both measures were key tools of exclusion, disenfranchisement, and persecution.
Entitlement to Naturalisation
Eligibility under Article 116 (2) requires:
- Loss of citizenship due to persecution between 30 January 1933 and 8 May 1945, whether individually revoked or automatically lost under the 1941 ordinance.
- Descendant status: Children, grandchildren, and other direct descendants may apply if their ancestor was affected.
Exceptions
- Individuals who returned to Germany after 8 May 1945 and resumed citizenship are considered never to have lost it, unless they explicitly renounced it.
- The entitlement lapses if someone already regained citizenship under Article 116 (2) but later gave it up.
Supplementary Regulation: Section 15 of the Nationality Act (StAG)
In addition to Article 116 (2), Section 15 of the German Citizenship Act (introduced in August 2021) broadened eligibility.
This provision applies to those who:
- Lost citizenship in ways other than direct deprivation (e.g., by giving it up under pressure or being excluded from naturalisation).
- Never acquired German citizenship due to discriminatory laws.
- Descend from such individuals.
This modern regulation further expands opportunities for restitution, ensuring that gaps left by Article 116 (2) are addressed.
Pros and Cons of Citizenship Restoration
Pros:
- Legally guaranteed right for victims and descendants under Article 116 (2).
- Expands historical justice by restoring what was unjustly taken.
- Opens pathways to EU citizenship, with associated rights to live, work, and study in the EU.
- Section 15 of the Citizenship Act widens eligibility to cover overlooked cases.
- Reinforces Germany’s recognition of past injustices.
Cons:
- Complex documentation requirements, often needing proof of ancestry and original records.
- Lengthy application process depending on volume and administrative capacity.
- Some exceptions may exclude individuals whose cases fall outside strict legal definitions.
- Variations in interpretation between Article 116 (2) and Section 15 can create confusion.
Final Thoughts
Article 116 (2) of the German Basic Law is a powerful mechanism for restoring citizenship to those who lost it due to National Socialist persecution — and to their descendants. Together with Section 15 of the Citizenship Act, it reflects Germany’s commitment to acknowledging historical injustices and providing tangible restitution.
For many families, reclaiming citizenship is not only about legal rights but also about restoring a connection to heritage, identity, and history.
— it shows that justice, even delayed, still has power. Families who lost everything are getting a piece of their story back. That’s progress, no matter how you look at it! 
