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Following staff reductions: Foreign Office admits structural organizational deficit in Schengen procedures in court
- Mirko Vorreuter, LL.B.
- 5 minutes ago
- 2 min read
New Schengen visa process strategy of the Federal Foreign Office
Our law firm regularly handles Schengen - related lawsuits , representing clients in appeals against the rejection of Schengen visa applications. These proceedings are of vital importance to many applicants, as a visa refusal can have far-reaching consequences.
It is striking that the Federal Foreign Office is now pursuing a new strategy in these proceedings . Instead of substantively defending the rejection notices, the Office merely refers to the original decision and the associated considerations regarding the scope of discretion. At the same time, it states that " due to capacity constraints, an intensive written examination of Schengen-related legal disputes is no longer possible ." In the event that the opposing party requests an oral hearing, the authority makes no statements whatsoever . Thus, in Schengen-related legal disputes, the Federal Foreign Office no longer even conceals the fact that it no longer wishes to engage substantively in court. This approach is noteworthy because it significantly diminishes the Federal Foreign Office's responsibility within the rule of law.
Structural deficiencies and consequences of staff reductions
Apparently, the Federal Foreign Office no longer considers itself capable of conducting legal proceedings properly – despite a clear legal obligation to do so. This is not only legally problematic but also highlights structural deficiencies within the agency. A key factor is the staff reduction recently decided upon by the Federal Government . It was already known that organizational bottlenecks existed within the Foreign Office, particularly evident in complex visa cases. While our firm anticipated that the staff reduction would reduce the agency's efficiency and lengthen processing times , the fact that the agency is now even unable to handle legal proceedings properly marks a new dimension to the problem. The lack of participation in oral hearings or the refusal to provide detailed statements demonstrates how severely structural bottlenecks can impair the ability of a central administrative body to act in accordance with the rule of law.
Expression of a restrictive migration policy
This approach is also evidence of the German government's increasingly restrictive migration policy . Instead of addressing individual cases, making well-founded decisions, and properly ensuring due process, the Foreign Office's strategy appears to be driven more by resource constraints and political directives. For asylum seekers, this means not only increased uncertainty but also a limited ability to enforce their rights in court. From our perspective as a law firm specializing in migration law, this trend clearly demonstrates how political decisions, personnel policies, and the rule of law are inextricably linked and how significantly structural deficiencies can impair the practical implementation of rights.
Conclusion: Staff shortage at the Foreign Office
The German Foreign Office's new practice regarding Schengen-related legal challenges is not merely an organizational problem, but has direct implications for the enforcement of rights for applicants. It underscores the need to address both structural deficiencies within the authorities and to ensure a balanced, rule-of-law-based migration policy. For our clients and the entire migration law sector, this sends a clear signal that strategic adjustments and legal support within the Schengen area are more crucial than ever.
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