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Ex-chancellor Schröder sues German Bundestag for removing perks

Former Chancellor Gerhard Schröder has sued the German parliament for removing some of his official post-retirement perks over his links to Russian energy giants, his lawyer said Friday.

Former chancellor Gerhard Schröder (SPD), at a hearing of the Bundestag's Economics Committee on the Nord Stream 2 pipeline project in 2020.
Former chancellor Gerhard Schröder (SPD), at a hearing of the Bundestag's Economics Committee on the Nord Stream 2 pipeline project in 2020. Photo: picture alliance/dpa | Kay Nietfeld

Schröder, 78, has come under heavy criticism for his proximity to Russian President Vladimir Putin and involvement with state-backed energy companies.

The decision to suspend Schröder’s taxpayer-funded office and staff in May was “contrary to the rule of law”, Michael Nagel, told public broadcaster NDR.

Schröder “heard of everything through the media”, Nagel said, noting that the Social Democrat had asked for a hearing before the budget committee responsible but was not given the chance to express himself.

READ ALSO: Germany strips Schröder of official perks over Russia ties

Schröder’s lawyers filed the complaint with an administrative Berlin court, a spokesman for the court confirmed.

In its decision to strip him of the perks, the committee concluded that Schröder, who served as chancellor from 1998 to 2005, “no longer upholds the continuing obligations of his office”.

Most of Schröder’s office staff had already quit before the final ruling was made.

Despite resigning from the board of Russian oil company Rosneft and turning down a post on the supervisory board of gas giant Gazprom in May, Schröder has maintained close ties with the Kremlin.

The former chancellor met Putin in July, after which he said Moscow was ready for a “negotiated solution” to the war in Ukraine — comments branded as “disgusting” by Ukrainian President Volodymyr Zelensky.

Last week, the Social Democrats concluded that Schröder would be allowed to remain a member after he was found not have breached party rules over his ties to the Russian President.

Schröder’s stance on the war and solo diplomacy has made him an embarrassment to the SPD, which is also the party of current Chancellor Olaf Scholz.

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UKRAINE

Reader question: Can Ukrainians get dual nationality in Germany?

Most non-EU citizens who want to become naturalised German citizens have to give up their existing passport first. Do the same rules apply to Ukrainians?

Reader question: Can Ukrainians get dual nationality in Germany?

Before Russia’s invasion of Ukraine, people with Ukrainian citizenship were treated much like most other third-country nationals: according to Germany’s strict rules on dual nationality, the vast majority were asked to give up their existing passport before naturalising as a German.

However, the outbreak of war on Ukrainian soil has complicated matters significantly. 

Firstly, the majority of Ukrainians who have come to Germany over the past year have arrived as refugees. At the latest count, almost a million refugees had travelled to Germany from Ukraine in 2022 – though some of these may now have returned home.

German immigration law specifies a number of exceptions to the dual nationality ban. One of these stipulates that asylum seekers can keep their existing nationality if they choose to naturalise in Germany. That means that Ukrainian refugees would automatically qualify for dual nationality – as long as they meet other requirements for citizenship, such as at least six years of continued residency and B1 German language skills.

READ ALSO: German citizenship: Can people who apply before the law changes get dual nationality?

Most recently, however, the Interior Ministry passed a further significant change to the law. On September 6th, the ministry agreed to waive the requirement to give up previous nationalities for Ukrainian citizens applying for a German passport. This change applies to all Ukrainians who fit the requirements for citizenship – not just refugees.

The reasoning behind the change is that the government assumes that, given the current conflict, it’s likely to be impossible for Ukrainians to give up their citizenship.

Understandably at a time of war, numerous aspects of everyday bureaucracy have been put on hold in Ukraine. That means that applications to renounce Ukrainian citizenships are currently not being processed at all.

In situations like these, where an application to give up a previous citizenship is not likely to be granted – or is likely to be refused – Germany has another exception in place. In such cases, citizenship offices are required to allow the applicant to become a naturalised German without requiring them to dispense with their previous nationality. 

When is the best time to apply?

According to the Interior Ministry, the relaxed rules for Ukrainians will only apply as long as the conflict continues. That means that, if the situation stabilises and authorities begin processing applications to renounce citizenship again, Germany may well decide to tighten up its rules once more.

That means that it could be advisable for Ukrainians who are eligible to apply for German citizenship to submit their application as soon as possible.

However, it’s also worth mentioning that the government is currently planning to relax the dual nationality rules across the board.

Though it’s unclear when this will take place, it is believed to be a priority project for the SPD-led Interior Ministry, which could mean that citizenship rules are liberalised within a matter of months.

That would mean that everyone could be entitled to hold multiple nationalities in Germany, regardless of their original citizenship.

For more information on the upcoming changes to dual nationality and citizenship rules, see our explainers below: 

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