Planned change in the law? Federal Council committee wants to allow actions for failure to act for naturalization only after 12 months

VG3
Jul 4
3 min read

Anyone applying for naturalization already requires a great deal of patience. So far , Section 75 of the Administrative Court Act (VwGO) offers at least a small lever: If three months have passed without the authority taking action, an action for failure to act can be filed . The leading Federal Council's Committee on Internal Affairs now recommends extending this deadline to twelve months in the new Section 43 of the StAG-E (Elective Federal Act on Naturalization) (see Federal Council Document 220/1/25 of June 30, 2025 ) . This would be a major setback for many migrants, but also for law firms seeking to enforce their rights.

What is behind the proposal?

The extension of the deadline for filing a claim for failure to act is justified by the "mass" and allegedly standardized lawsuits filed by law firms, which are said to tie up staff in administrative courts. The committees argue that the processing times at many naturalization authorities are already well over three months , and that not only the authorities but also the administrative courts are heavily burdened by claims for failure to act. By delaying legal protection, the aim is to relieve the burden on the authorities and give them time to process the backlog of applications.

Criticism of the proposal of the Federal Council committees

The Federal Council committees' proposal has been heavily criticized by migration law experts and administrative experts . In particular, it is argued that the burden on the authorities is being reduced at the expense of those affected. Instead of making the naturalization process more customer- and digitally friendly, the problem is being shifted to the detriment of the applicants. However, many lawyers believe this is short-sighted: If you want to attract qualified professionals, you need to speed up procedures, not make legal protection more difficult.

Stigmatization of law firms

Another criticism is that the committee's proposal accuses law firms of questionable practices. The explanatory memorandum describes law firms that offer actions for failure to act as a "challenge" (p. 17 of the committee's explanatory memorandum ). However, the law firms are simply fulfilling their task: ensuring effective legal protection . The action for failure to act is intended to remind authorities that they, too, must meet deadlines. Thus, law firms that offer actions for failure to act are not the problem; for many foreigners, they are the only solution to a dysfunctional administration.

Regression instead of reform

An extension of the deadline for filing an action for failure to act has not yet been decided . However, the materials from the Federal Council committees reveal a dangerous mindset on the part of the government. The proposed extension of the deadline for filing an action for failure to act from three to twelve months would place a considerable burden on applicants for naturalization. They would have to live with uncertainty for longer, which would make important life decisions such as choosing a career, traveling, or planning a family more difficult. The longer waiting time would also lead to higher costs – for example, due to the need to update documents and longer legal representation. The extension would also have negative consequences for companies and Germany as a business location. The uncertainty in the naturalization process complicates international recruiting and makes Germany less attractive in the competition for skilled workers – especially compared to countries with faster, digitalized procedures.

Conclusion

The reasoning of the Committees on Internal Affairs (In) and on Labour, Integration and Social Policy (AIS) shifts responsibility for a dilapidated administrative structure from the authorities to the applicants. Instead of unilaterally shifting responsibility to applicants, however, authorities should be modernized, digital systems established, and binding processing times introduced. Skilled immigration cannot work otherwise.

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