Action for failure to act in Bremen: Administrative Court of Bremen confirms structural deficit in naturalizations

Naturalization procedures in Germany are extremely slow . Especially since the Citizenship Modernization Act (StARMoG) came into force on June 27, 2024, authorities have recorded a sharp increase in applications. Many administrative courts have already ruled that overloading of naturalization authorities cannot be a blanket excuse for inaction (see our case law database ). With remarkably clear reasoning, the Administrative Court of Bremen has now also rejected the objection of a citizenship authority that it could not decide on naturalization applications in a timely manner due to a "temporary flood of applications."

Structural deficit instead of short-term state of emergency

The Bremen Administrative Court argues precisely: Overload that persists for a long time and is not addressed with organizational measures such as additional staff or more efficient processes constitutes a structural deficit . And such a deficit precludes invoking Section 75, Sentence 3 of the Administrative Court Act (VwGO) , which could actually protect authorities from actions for failure to act .

Particularly noteworthy is the court's emphasis that the rising naturalisation rates were foreseeable. The high number of asylum applications in 2015 and 2016 alone clearly signaled that many of these individuals would apply for naturalisation years later . The simplified requirements under the StARMoG – shorter residence periods and the abolition of the requirement to renounce one's previous nationality – should not have come as a surprise to the authorities either.

Clear mandate for authorities and ministries

The message from the Bremen Administrative Court is clear: authorities must act proactively. If the number of applications continues to rise, it is the ministries and agency management that must ensure more staff and better structures . Simply citing "overload" is not enough to justify years of delays.

This decision represents a boost for applicants: Anyone who has been waiting for months without receiving any feedback on their naturalization application can rely on the case law of the Administrative Court of Bremen to build up pressure by filing an action for failure to act under Section 75 of the Administrative Court Code (VwGO) .

Conclusion for naturalization applicants and specialist lawyers

For those affected, this ruling is an important reminder that lengthy processing delays are not simply acceptable. Specialist lawyers specializing in immigration law can specifically utilize the Bremen Administrative Court's reasoning to expedite procedures. With regard to the rule of law, the ruling sends a clear message: efficiency, forward-looking planning, and adequate staffing are not optional provisions, but necessary prerequisites for the fair and timely processing of naturalization applications.