The Dissertation deals about migration and migrant rights in Germany and Europe. Even if many scholars have elucidated with convincing clarity that western nation states can produce an improvement of migrant rigths because of the autonomy of the legal system, the focus of this work is to point out the vulnerability of the legal process. The political and judical regulation of migration in Germany over the last forty years shows that the discretionary power of the authorities regarding to non-nationals is much stronger than regarding to nationals. And because of the transformation of the former welfare states to 'competition states' migration policies will be subsumed more likeley under the aspect of competitive advantages as in the era of the welfare state. The author persits that the judical improvement of migrant rights should be understood in terms of the national state and refers to political and economical general conditions courts can not (or will not) disregard in their decision - making -process.