Germany's Immigration Law Comes to Grinding Halt

In a quick decision on Wednesday, the German Federal Constitutional Court in Karlsruhe ruled that Germany’s first-ever law governing immigration was unconstitutional and therefore nullified.

The decision has stalled Chancellor Schröder’s flagship immigration law aimed at simplifying regulations governing residency permits and making it easier for foreigners to work and live in Germany.

The law, which was set to take effect on Jan 1, 2003, also included provisions for a points system to lure skilled and qualified workers from abroad and a range of measures to help foreigners integrate into German society from language to citizenship courses.

The new bill would have also made it easier for foreign students educated at universities in Germany to stay on, and easier for self-employed foreigners to work in Germany.

At present about 7.3 million foreigners live in Germany, representing 9 percent of the country’s population of 82 million.

Conservatives get their way

The reason for the present overturning of the bill is a dispute over procedural irregularities in the Bundesrat, the upper house of parliament, that represents the states on national matters.

In March this year, the bill ran into trouble in the Bundesrat when two representatives from the state of Brandenburg casted two conflicting votes instead of the one unified vote constitutionally allowed per state. After a tumultuous debate, the bill was finally passed by the Bundesrat, but with the opposition Christian Democrats crying foul.

A month later, German President, Johannes Rau signed the politically and legally controversial immigration bill into law, but he made it clear he expected the constitutional court to rule on its legality.

in July, six conservative-led state governments asked the highest court to examine the issue, insisting that the vote in the Bundesrat was illegal – a view now shared by the constitutional court.

Social Democrats determined to give bill another shot

Though the Constitutional Court’s verdict is a blow to the governing coalition of Social Democrats (SPD) and Greens, the SPD has vowed to give the bill another go and salvage it.

Dieter Wiefelspütz, domestic policy spokesman of the SPD parliamentary group, said, "We will reintroduce this bill. If it should fail, it won’t be because of the content, but it will fail for procedural reasons."

German Interior Minister Otto Schily (SPD), whose mandate also covers immigration said he was disappointed about the court’s decision, but emphasized that the decision only referred to the passage of the bill, not its contents.

"The law is well accepted in all social groups. It’s after all a very good and balanced law. And the opposition has also indicated that they want to renew negotiations over it."

Conservative opposition ready to negotiate

Indeed, Germany’s conservative opposition, comprising the Christian Democrats (CDU) and its Bavarian sister party, the Christian Social Union (CSU) have signaled their readiness to return to the negotiating table with the government and talk about the new immigration bill.

However, the conservatives, whose strong opposition to certain aspects of the bill is well known, are expected to insist that the government must now take on board its proposed changes to the bill.

One sticking point concerns foreign workers in Germany. Wolfgang Bosbach, of the CDU said, "We must not generally broaden the German labor market for immigrant workers. So we must not lift the restrictions on recruiting them."

Opposition fears foreigners will flood the labor market

The fear of being swamped by foreign workers at a time when German unemployment is hovering around the 4 million mark is a fear that the opposition have repeatedly voiced and even exploited.

The Bavarian Interior Minister, Günther Beckstein, said that a new law must, in the face of 4 million unemployed Germans, "limit and steer immigration".

Two years ago, when Chancellor Schröder launched a scheme to give permits to up to 20,000 computer specialists from India and Central Europe to work in Germany on five-year contracts, conservative politicians were vocal in denouncing the move.

Jürgen Rüttgers, the CDU leader of North Rhine-Westphalia, Germany’s most populous state, launched a campaign, Kinder statt Inder (children, not Indians), meaning that Germans should have more children instead of relying on workers from abroad. He was backed by Edmund Stoiber, state premier of Bavaria, who suggested that the current rate of child benefits should be tripled.

Practical necessity might make immigration inevitable

While many Germans may still be reluctant to see their country as a multicultural one, reality might demand otherwise.

For years, demographers have been insisting that Germany’s rapidly aging population and falling birth rates are ticking time bombs that could trigger a major financial crisis in the country’s overstretched pensions and welfare systems if measures are not taken to counter it.

Some argue that Germany will need 260,000 immigrants a year for the next 20 years just to keep its present population and social systems stable.

Another bigger fear is one often voiced by industry and business leaders, who insist that the German economy is in desperate need of highly-qualified and skilled workers.

On Wednesday, the president of the Confederation of German Industries (BDI), Michael Rogowski, said in a newspaper interview, "those who think that a modern immigration law can be postponed on the long-term in the face of poor economic growth and labor market prospects, are mistaken."

Rogowski said that Germany faced a severe crunch particularly of scientists and engineers and that highly-qualified foreigners were badly needed in the fields.

"Germany needs clear immigration regulations, which simultaneously facilitate the immigration of highly-qualified labor and prevents an increase in the social-outcasts."