Are gypsies mental

Sinti and Roma

Reinhard Marx

To person

Dr. iur., born 1946; Lawyer specializing in immigration, residence, asylum and nationality law, Frankfurt / Main. [email protected]

The right of residence contains humanitarian possibilities for a return policy in conformity with international law in dignity and security. Since this is currently not guaranteed for Roma in Kosovo, the returns are to be suspended.


The overwhelming majority of the non-German Roma in the Federal Republic of Germany have no legal residence but are merely tolerated. Overall, the number of Roma permanently living in Germany is estimated at around 80,000 to 120,000 people. In the summer months French, Belgian, Italian, British and Roma from the Scandinavian countries travel as traders, craftsmen and merchants through Germany and Europe. [1] These Roma do not have any legal problems relating to immigration because they are making use of their freedom of movement, which is guaranteed by European constitutional law. If they claim public social benefits, measures to end their stay can be issued. The mere abstract risk that a job-seeking Union citizen could apply for social benefits cannot justify such measures. [2]

Incidentally, even their actual use does not permit expulsion, i.e. permanent blocking of access to federal territory. This is only permissible if the authorities can prove an actual, present and considerable danger that affects a fundamental interest of society. [3] The increased protection against expulsion under Union law protects all Union citizens, regardless of whether they meet the requirements for freedom of movement or not. [4] The use of the social benefit system does not constitute such a risk. The French practice in 2010, which was not without concerns under EU law, of the mass, compulsory execution of residency-terminating orders against Roma with EU citizenship status, has not yet been copied by the German authorities.

Problems related to immigration law experience in the federal territory Roma who have neither German citizenship nor Union citizenship status, i.e. are third-country nationals. These mostly have a tolerance status because they cannot obtain permanent residence status due to their marginalized social situation. At the end of November 2010, 87,191 tolerated foreigners were living in Germany, 53020 of whom had been here for more than six years. [5] It is not known how many of them are Roma.