A damning indictment: The Frankfurt (Oder) Administrative Court makes no effort in handling inaction lawsuits in naturalization cases.

Those who pursue naturalization in Germany typically possess not only high qualifications and years of integration efforts, but also a deep trust in the functioning of our administration. They have paid taxes, perfected their language skills, and long since become an indispensable part of society. However, when considering the processing times at the responsible authorities, for example in the Barnim district or the city of Frankfurt (Oder) , this trust often gives way to profound disillusionment. While politicians recruit skilled workers from all over the world, administrative implementation is mired in chronic overload, reaching absurd levels. The situation becomes particularly critical when even the last resort of the rule of law – the action for failure to act pursuant to Section 75 of the Administrative Court Procedure Act (VwGO) – threatens to become ineffective. The urgent question arises whether taking legal action before the Frankfurt (Oder) Administrative Court still achieves the desired acceleration effect or whether it merely leads to a protracted and costly bureaucratic dead end .

The illusion of acceleration through the administrative court

In theory, an action for failure to act is a powerful tool. If an authority fails to decide on an application within three months without sufficient justification, the court is supposed to take charge of the matter. However, the reality at the Administrative Court in Frankfurt (Oder) currently paints a bleak picture for all applicants hoping for swift results. Our practical experience shows that the court often acts more like a "mail carrier" than effectively exercising its supervisory function. Lengthy submissions from authorities, intended to justify the inadmissibility of the applications, are accepted, while the actual facts of the case remain untouched for months. For highly qualified migrants, whose life plans often depend on their citizenship—be it for professional mobility or family security—this situation is intolerable. A judiciary that effectively ignores complaints about delays and status inquiries loses its role as a corrective to the administration. If legal action does not noticeably expedite the proceedings, the rule of law becomes a mere facade for those affected.

Sufficient reasons and the fatal signaling effect

A particularly problematic aspect is the jurisprudence of the Frankfurt (Oder) Administrative Court regarding what constitutes a "sufficient reason" for failing to issue a decision. In a recent ruling, the court ordered the plaintiff to pay the costs of proceedings because he allegedly could not have expected a decision yet . The authority had announced a processing time of at least two and a half years, and the court considered this a sufficient reason for its inaction. This view is a slap in the face to every law-abiding citizen. It must not become the norm that staff shortages or a high volume of applications in public administration lead to the effective circumvention of statutory deadlines. It is completely incomprehensible to highly qualified professionals why they should bear the consequences of governmental organizational failure. If processing times increase proportionally or even exponentially, as observed in the Barnim district, waiting times of many years are imminent, which cannot be justified under any circumstances.

Strategic powerlessness and the risk of changing residence

In practice, this frustration often leads clients to relocate in frustration, hoping for a more efficient authority in a different judicial district. However, even here, the harshness of the Frankfurt (Oder) Administrative Court becomes apparent: In documented cases, the court has resisted a change of defendant and imposed costs on the plaintiffs despite their justified claims. In plain terms, this means that anyone who challenges inaction not only bears the risk of delays but will ultimately also face financial penalties. The risk of filing an action for failure to act in the Frankfurt (Oder) Administrative Court district is currently considered disproportionately high , as the chances of achieving genuine acceleration are slim as long as the court accepts the authorities' overload as a permanently "sufficient reason." This contradicts the core principle of Section 75 of the German Code of Administrative Procedure (VwGO) , which is intended to protect citizens from excessively long proceedings. The Frankfurt (Oder) Administrative Court is thus shielding the authorities acting unlawfully. This violates the separation of powers.

Conclusion: Between aspiration and reality

In summary, we must conclude that, unfortunately, filing an action for failure to act in the jurisdiction of the Frankfurt (Oder) Administrative Court is often not "worth it" if one wishes to force a swift decision. While filing such an action can lead to an application being prioritized once it is due to be processed anyway, a genuine acceleration of the proceedings is frequently lacking . In our view, the current case law regarding the allocation of costs and processing times is highly questionable and fails to reflect the realities of life for well-integrated, qualified immigrants. It sends a disastrous message to the high achievers in our society when the promise of naturalization becomes increasingly distant and legal recourse against this proves ineffective.

How we as a law firm and VisaGuard can support you

Despite the challenging situation at the Administrative Court in Frankfurt (Oder), you are not defenseless against the arbitrary actions of the authorities. As a specialized law firm, we work closely with VisaGuard to examine each case individually to determine the best strategic approach. We help you prepare your documents in such a way that the authorities find no grounds for further delays, and we provide the necessary impetus to make your case stand out from the crowd. Even if the path through the courts in Frankfurt (Oder) is fraught with difficulties, our in-depth expertise in visa and naturalization law ensures that your rights are protected and that you are not left alone in the bureaucratic maze.

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