Prospects of success for inaction lawsuits in Stuttgart

Imagine you've done everything right. You've lived in Germany for years, pay taxes, are integrated, and submitted your application for naturalization or a permanent residence permit long ago. But instead of a certificate or a residence permit, you receive: nothing . No letter, no phone call, just the deafening silence of an overburdened bureaucracy . In Stuttgart and many other German cities, this isn't just a fear, but a bitter reality. It becomes particularly dire when this inaction not only hinders your career plans but also threatens the livelihood of your entire family. When newborn children don't receive birth certificates and parents can't claim child benefits because files aren't forwarded from the immigration office to the registry office for months, the line has been crossed. In such moments, trust in the rule of law is deeply shaken, and the urgent question arises: how can you defend yourself against this paralyzing standstill?

The action for failure to act as a legal crowbar

When the administration is asleep at the wheel, the Administrative Court Procedure Act provides a specific instrument to increase pressure: the action for failure to act pursuant to Section 75 of the VwGO (German Code of Administrative Procedure). In principle, an authority cannot take its time indefinitely. If a decision on an application for an administrative act has not been made within a reasonable period – usually three months – without sufficient cause, recourse to the administrative court is available. However, theory and practice often diverge significantly. In our legal practice, we see daily that clients have been waiting for their naturalization for a year or hoping for their permanent residence permit for two years . In such cases, legal action is often the only way to get the process out of bureaucratic limbo. It serves as a wake-up call for an authority that has lost track of its deadlines and compels the administration to account to the court for the delay.

Light and shadow in Stuttgart's administrative landscape

Current legal practice in Stuttgart paints a mixed picture, requiring a differentiated strategy. In cases involving applications for permanent residence permits under Sections 9 or 9a of the Residence Act, an action for failure to act often has a surprisingly rapid effect . Colleagues regularly report that the permit is granted within one to two months of filing the action. It seems that judicial pressure works wonders in these clearly defined legal cases. As soon as the file reaches the court, suddenly there is time to process the case to its conclusion. Therefore, anyone waiting for their permanent residence permit should not hesitate to pursue legal action , as the chances of a swift resolution are particularly high. In these cases, the authorities often want to avoid lengthy court proceedings and prefer to make a prompt decision.

The resilience of naturalization authorities to legal challenges

The situation is often quite different when it comes to naturalizations . In Stuttgart, we are witnessing a worrying form of resilience. The naturalization authorities seem largely unmoved by lawsuits for inaction . There are reports that the administration simply ignores even instructions or deadlines set by the administrative court. In these cases, the lawsuit does ensure that " something happens " and that the proceedings at least remain on record with the court , but a swift breakthrough often fails to materialize. The overload of the offices is so structurally entrenched that even legal pressure only marginally speeds up the process. Nevertheless, a lawsuit remains the only option here as well, because without it, the applicant remains merely a number in a huge pile, whereas with a pending lawsuit, they at least have legal standing.

When government failures affect the next generation

Particularly disturbing are the cases in which the inaction of the immigration authorities (ABH) has direct consequences for children 's rights . It is a bureaucratic scandal when a child born in Germany does not receive a birth certificate because the ABH fails to forward the father's file to the registry office. Without a birth certificate, there is no child benefit, and without child benefit, financial hardship ensues. This reveals the ugly face of bureaucratic overload: it is no longer just about status, but about fundamental state benefits and the identity of a new citizen. In such situations, legal action must be pursued with particular vigor , as it is not merely a matter of violating administrative deadlines, but rather the protection of marriage and family, as well as the child's welfare, that is at stake.

Conclusion: Patience is not a legal term

In summary, the action for failure to act remains an indispensable tool in the Stuttgart region, although its effectiveness depends heavily on the specific area of law . While it often brings swift success in the case of permanent residence permits , it is more of a long-term instrument in naturalization proceedings. Nevertheless, the principle remains: those who wait lose time that no one can give back. Sound legal counsel is essential to professionally exert pressure on the authorities and ensure that one's application doesn't get lost in the sea of unprocessed applications. The right to a decision within a reasonable timeframe is a cornerstone of our system – we should not allow it to be undermined by mere staff shortages.