Özet:

According to the Turkish Nationality Act since 1981 double nationality has been accepted. In controversy the German Nationality Code has rejected the double nationality since 1914. In addition to the old law, the German Reform Code on nationality dated 2000 has adopted a new restriction on this subject. In the former law if a person has an establishment or resident permit he or she could save his/her original nationality even if he acquires another nationality. The new Reform Code revised the establishment or residence conditions. So the people who have German nationality but originally Turk, return to the Turkish nationality will lose German nationality automatically. The Constitutional Court of Federal Germany in its judgment of 8.12. 2007 decided that if a German nation had voluntarily required before 2000 another nationality and his request was accepted after 2000, he would lose German nationality. Furthermore, the new German Act on Immigration adopted in 2007 has some rules on the obligation of German language knowledge for the husband or wife of the Turkish worker to enter Germany. This visa application is discriminatory since many other nationals in the same situation are excepted from the visa. The Turkish Code of Nationality article 29 was first changed in 1995 because of economic and social difficulties of old Turkish nationals who have some European countries "nationalities" that their state has refused double nationality. In 2004 it has been replaced. This article is about the rights and obligations of the old Turkish peoples who relinquish their nationality by permission of the government. They continue to retain all rights except political rights and the rights relating to the use of official authority. They can use all other rights such as establishment, working, title to immovable property like other Turkish nationals, even if they leave Turkish nationality after the acquisition of the other nationality. The German Code accepts limited situations for double nationality. These exceptions are about the hardness of quittance and serious results of mother state citizenship. As much as we get easy to withdraw from Turkish citizenship and add new rights for ancient Turkish people, their opportunity to care for German nationality will be lost. How can we solve this contradiction? One way is to accept the double nationality according to the German Code. Nowadays it seems impossible. The other way is to defend their rights of free movement including the right of residence belonging to the Ankara Agreement and the Additional Protocol, also the decision of the Association Council 1/80 between the European Union and Turkey. In this article firstly we study the problem of multi-nationality on historical grounds of Turkish and German law. Secondly we will study the two laws, including the revisions. As a result, we appreciate to worry about his patriot who has some difficulties to integrate Germany. We also know that to give nationality is in exclusive competence of each state. But we want our nationals to have kept their rights in accordance with international law and EU law

Anahtar Kelimeler: