Second Run for Germany's Immigration Bill

Three months after Germany's Constitutional Court overturned the country's first-ever immigration law, Chancellor Gerhard Schröder's coalition government has launched a second attempt to push it through unchanged. However, Interior Minister Otto Schily says he is not confident the conservative opposition will allow the bill to pass this time.

"You are not willing to compromise at all," he told them on Thursday.

The Christian Democratic Party and its Bavarian sister party, the Christian Social Union, wants a fundamental rewrite of the bill before it is prepared to drop its objections.

Vote on draft law ruled "unconstitutional"

Germany's first-ever law to regulate immigration was due to take effect on Jan 1, 2003. But a month before, the country's Constitutional Court in Karlsruhe overturned it on a point of procedure.

After being passed by the German parliament, the Bundestag, the bill had to go onto the second legislative chamber, the Bundesrat, for ratification. The Bundesrat, which represents the country's state governments on national issues, is dominated by the opposition. When the vote was taken, Brandenburg -- which is run by a coalition of Christian and Social Democrats -- cast a split vote, with Labor Minister Alwin Ziel (SPD) voting in favor of the bill and CDU Interior Minister Jörg Schönbohm voting against.

One state, one vote

Under the German constitution, states must cast a unanimous vote. Berlin's SPD mayor, Klaus Wowereit, therefore turned to Brandenburg's premier, Manfred Stolpe, for a decision. Stolpe voted for the draft law, so Wowereit ruled that Brandenburg had supported the proposal. But the conservatives refused to accept the ruling and walked out of the session.

A month later, German President, Johannes Rau signed the bill into law. However, he made it clear he expected the Constitutional Court to rule on its legality. In July, the opposition states in the Bundesrat petitioned the court to do that. Although Schily argued that Brandenburg's delegation was headed by its state premier and that he was the person who should cast the vote, the court disagreed and ruled against the decision at the end of last year. A month later, the cabinet decided to submit the draft law again, without alteration.

A demographic imperative

For years, demographers have been warning that Germany's rapidly aging population and falling birth rates could at some time in the future trigger a major crisis in the country's overstretched pension and welfare systems. In fact, some experts argue that Germany, which already has about 7 million foreigners living there, will need to accept over a quarter of a million more each year for the next 20 years just to maintain its present population and the stability of its social system.

The bill was introduced in an attempt to create a framework to regulate those levels of immigration. It would simplify residency permit regulations, cutting the current five down to two. In addition, it would introduce a range of measures -- including compulsory language and citizenship courses -- to help foreigners integrate into German society.

The bill also addresses the concerns of industry and business leaders, who warn that the German economy is in desperate need of highly qualified and skilled workers. It would make it easier for foreign students educated at German universities to stay on, and easier for self-employed foreigners to work. The bill also includes provisions for a points system to lure skilled and qualified workers from abroad.

The draft law implicitly accepts that immigration is a practical necessity. However, at a time when unemployment is climbing toward the 5 million mark, many Germans inevitably fear being swamped by foreign labor. The opposition has repeatedly voiced and even exploited this fear, saying that the law should limit and channel immigration.

No more compromises

However, Schily stressed on Thursday that he had already watered down his proposals on a number of points to get the opposition's agreement. "The whole draft law as it stands now is a compromise," he said. He also rejected a CDU/CSU proposal to limit the scope of any immigration law to measures solely designed to promote the integration of foreigners. "Immigration and integration are two sides of the same coin," he said. "That's why they both have to be regulated."