All government authority is derived from the people and is exercised by the people through elections. Under Germany’s constitution, the Basic Law, only German citizens have the right to exercise this authority (see Article 116 of the Basic Law (Grundgesetz)).

According to Article 20 of the Basic Law, the citizens of the Federal Republic of Germany are both the source and the subject of government authority. This principle also applies to Germany’s federal states and municipalities (Article 28 (1) sentences 1 and 2 of the Basic Law). The Basic Law thus prohibits foreign nationals from participating in elections at federal, state or local level (see Federal Administrative Court decision 83, 37, 59 ff).

However, citizens of EU countries may vote and stand for election at local level: Article 28 (1) sentence 3 of the Basic Law states that people who are citizens of any member state of the European Union are eligible to vote and to be elected in county and municipal elections. This exception has been in effect since 1992 to fulfil a requirement of European Union law (see Article 20 (2) sentence 2 (b) and Article 22 (1) of the Treaty on the Functioning of the European Union). There is no requirement to introduce a right for EU citizens to participate in elections to the German Bundestag or to the parliaments of the federal states. Such a requirement would be in conflict with the Basic Law.

Immigrants who have lived in Germany long enough are eligible to become naturalised German citizens. In this way, they also gain the right to vote and to be elected.