Compulsory Grant of German Nationality Case

CourtRegional Court (Germany)
Docket NumberCase No. 61
Date29 n 1951
German Federal Republic, Court of Appeal of Neustadt.
Case No. 61
Compulsory Grant of German Nationality Case.

Nationality — Acquisition of — Compulsory Grant of Nationality — Grant by Order of Executive — Persons of “German origin” in Service of German Armed Forces — Grant of German Nationality by so-called Führer Order.

The Facts.—By a so-called Führer Order of May 19, 1943, the Chancellor of the German Reich purported to confer German nationality on all persons of “German origin” who were then serving in the German armed forces. The applicant, whose extradition had been requested by Austria and who was then in custody in Germany, was a person of German origin who had been serving in the German armed forces on the date referred to. He accordingly claimed that, as s. 16 of the German Extradition Law of December 23, 1929, prohibited the extradition of German nationals, he was not liable to be extradited to Austria. On behalf of the prosecution it was contended that the so-called Führer Order was invalid and incapable of conferring German nationality on the applicant, and that the request for the applicant's extradition must therefore be granted.

Held: that on the date when the so-called Führer Order was made, legislative power was vested in the Government and Parliament of the Reich, and not in the Chancellor, and that the Order purporting to confer German nationality on the applicant was therefore invalid; accordingly, the applicant was not a German national, and the request for his...

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