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Law on Freedom of Movement (November 1, 1867)

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§ 9. The aforementioned regulation for municipalities applies in those places where, according to the constitution, the burden of public poor relief is not the responsibility of the local community but of other associations (poor communities); it also applies to these associations as well as to those landed estates whose estate district [Gutsbezirk] is not part of a municipal association.

§ 10. The regulations concerning the registration of newcomers with the authorities continue to be under the jurisdiction of state law with the provision that failure to register may only be punished with a police penalty, but never with the loss of the right of abode (§ 1).

§ 11. Mere abode or residence does not establish other legal relationships, such as municipal citizenship, local civic rights, participation in the use of common municipal property and in care for the poor.

If, however, according to the state laws, the right of domicile (municipal citizenship, residence status that bestows benefits) has been acquired by means of abode or residence, provided it is maintained without interruption for a certain time, then the regulations remain as they are.

§ 12. The police are prohibited from expelling citizens of the Confederation from their place of permanent or temporary residence in cases other than those stipulated by this law.

As for the rest, the regulations concerning the aliens’ police department remain unaffected by this law.

§ 13. This law comes into effect on January 1, 1868.

Source: Bundesgesetzblatt des Norddeutschen Bundes [Federal Law Gazette of the North German Confederation], 1867, pp. 55-58.

Original German text reprinted in Ernst Rudolf Huber, ed., Dokumente zur Deutschen Verfassungsgeschichte [Documents on German Constitutional History], 3rd rev. ed., vol. 2, 1851-1900. Stuttgart: Kohlhammer, 1986, pp. 304-06.

Translation: Erwin Fink

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