The Left Party, the Green Party, and the Social Democratic Party in the state of Berlin all see giving individuals the right to vote and run for political office, even if they do not hold a German passport. The three parties state, in a preliminary policy paper, that “all persons” - after living in Germany for five years - should be granted the right to vote and the right to run for municipal elections; It is a goal that these parties intend to defend “firmly.”
What is the current legal situation?
The German Constitution stipulates that the exercise of political power rests with "the German people", which has traditionally been interpreted to refer to holders of German citizenship. Therefore, foreigners are not allowed to participate in elections for the federal parliament or state parliaments, nor are they entitled to vote in referendums at the federal and regional levels, according to the German Ministry of the Interior.
This principle is based on Article 20 of the German Basic Law, which stipulates that all state powers emanate from the people. According to the prevailing constitutional interpretation, what is meant by the people here is the group of German citizens, not all residents within the state.
European exception
Despite this constitutional restriction, there are specific exceptions for citizens of EU countries. Since 1992, they have been entitled to participate in municipal and local elections in Germany, even if they do not hold German citizenship. This amendment came in implementation of Germany's obligations within the European Union, which grant citizens of the Union certain political rights in the member state in which they reside.
But this right remains limited to the local level only, and does not extend to elections for the federal parliament or state parliaments. It also does not include residents coming from countries outside the European Union.
How did the debate over expanding voting rights begin?
The debate returned strongly in Berlin after the left-wing parties, the Greens, and the Social Democratic Party called for granting all residents the right to vote and run for office after five years of legal residency in Germany. These parties believe that political participation should not be linked exclusively to nationality, but rather to actual connection to society and contribution to it. This idea was summarized with the phrase that participation should not be a matter related to the passport only, according to the Tagesspiegel website.
Supporters of the idea are based on the fact that hundreds of thousands of Berlin residents do not have German citizenship, even though they work, study, pay taxes and participate in building the city. They believe that they are affected by political decisions, just like citizens, and therefore they should have a say in choosing decision-makers.
Proponents' arguments
Proponents offer several justifications for expanding the right to vote. The first of these arguments is the principle of “no taxes, no representation,” as they believe that those who pay taxes and contribute to the economy should have the ability to influence public policies that affect their daily lives. They also argue that integration is not limited to learning a language or getting a job, but also includes participating in political life. From their point of view, granting foreign residents the right to vote may enhance their sense of belonging and responsibility towards society and the state.
Some defenders of the idea point out that a growing number of residents of major cities in Germany do not have German citizenship, which means that a significant percentage of the population has no means of influencing local political decisions despite being directly affected by them.
Opponents' arguments
On the other hand, many constitutional law experts reject this proposal, considering that it contradicts the basic principles of the German Basic Law (the Constitution). They assert that granting the right to vote to non-citizens requires a profound constitutional change, because the current constitutional system links full political rights to the possession of German citizenship, as stated on the website of the Ministry of the Interior.
A number of constitutional law professors considered that any attempt to grant the right to vote to non-citizens at the state level would be in violation of the Constitution in its current form. They also pointed out that the Federal Constitutional Court had previously stopped similar attempts in the past when it saw that they conflicted with the concept of the people contained in the Basic Law.
Opponents also believe that citizenship is not just a legal document, but rather a special political and legal relationship between the individual and the state that includes mutual rights and duties. Hence, the right to vote should remain linked to this relationship.
The role of the Constitutional Court
The constitutional judiciary plays a pivotal role in this file. Many legal experts relied on previous rulings of the Federal Constitutional Court that confirmed that political participation is linked to the German people as defined by the constitution. That is why any attempt to broadly expand the right to vote is seen by many as quickly facing legal challenges and potentially ending up in the Constitutional Court in Karlsruhe.
For this reason, some specialists believe that the only legal way to change the current situation is to amend the constitution itself, and not simply enact new laws at the state or municipal level.
On the other hand, the federal government emphasizes that foreign residents who wish to participate fully politically have a clear choice, which is to obtain German citizenship through naturalization. Upon acquiring citizenship, a person becomes a citizen who enjoys all political rights, including the right to vote and run in various elections.
Supporters of this proposal view naturalization as a solution that combines integration and respect for the constitutional system. Its critics believe that some residents cannot or do not want to give up their original nationalities, and therefore full political participation should not be linked to the condition of obtaining citizenship.
What might expanding the right to vote mean?
If the proposals put forward in Berlin are implemented, hundreds of thousands of residents who do not hold German citizenship may become eligible to participate in the elections. This may lead to tangible changes in the electoral map and in the priorities of political parties, especially in major cities that contain large numbers of immigrants.
It could also push parties to give greater weight to issues of immigration, integration, housing, and education in their electoral platforms, given the increasing number of voters with immigrant backgrounds. However, opponents believe that such a transformation must pass through broad constitutional and societal consensus because of its repercussions on the nature of the political system itself.
