Since 2010, integration and participation laws have increasingly been established at the state level. These laws aim to promote inclusion and reduce discrimination, framing integration as a responsibility of society as a whole. However, quota regulations intended to increase the representation of individuals with a migration background in public institutions are legally problematic. They raise not only constitutional concerns but also practical ones: Who belongs to the defined group? The category ‘migration background’ is neither clear-cut nor static. It may be overly broad (e.g., immigration from Austria) or too narrow if based solely on subjective perception or experiences of discrimination. Moreover, there is the ‘dilemma of difference’: classifications are necessary to address inequalities, yet they risk reinforcing distinctions.
The paper advocates for a temporally differentiated and restrained application of such measures. In the initial ‘arrival phase,’ special provisions are indispensable, particularly in areas such as language, education, and employment. As the length of stay increases – and especially after the acquisition of citizenship – the need for group-specific regulations diminishes. Distinctions within the citizenry, such as creating ‘first-class’ and ‘second-class’ citizens, are categorically excluded. In the long term, the law should address an immigration biography only where necessary to foster integration and social cohesion. Integration is understood as a cross-cutting issue that must permeate all areas of law without compromising individual freedom and equality.
The author concludes that successful integration is achieved when the consequences of migration become invisible and belonging is no longer defined by origin. So quotas may serve as a short-term instrument, but they are no panacea. Accordingly sustainable integration requires striking a balance between legal equality and targeted support.
Read the entire paper ‘Integration und Partizipation durch Quoten?’ here as a PDF. Please note, to date the analysis is only available in German.
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The series informs in a concentrated form about important positions of the Konrad-Adenauer-Stiftung on current topics. The individual issues present key findings and recommendations, offer brief analyses, explain the Foundation's further plans and name KAS contact persons.