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Record number of lawsuits for failure to act regarding naturalization in Berlin

Judge reads a complaint

Berlin is currently experiencing a record number of naturalization lawsuits . This year alone, the Berlin Administrative Court has received almost 2,000 so-called inaction lawsuits – and the trend is rising. The reason for this is the large number of applications: 75,000 new and 40,000 older applications are currently pending at the State Office for Immigration (LEA) . The administration is unable to keep up with processing them, even though the Interior Ministry has certified the LEA as being "highly efficient in its processing."


What is an action for failure to act?

An action for failure to act , also known as an action for performance, can be brought if an authority does not decide on an application within a reasonable period ( § 75 VwGO ). In the case of naturalization , this means that applicants can, if necessary, legally compel the processing of their naturalization application . The aim is not necessarily only the court's decision on the naturalization itself, but above all the enforcement of the legally prescribed processing time (so-called action for a decision).


Lawyers and inaction lawsuits: A lucrative business model

The enormous number of inaction lawsuits is also fueled by the immigration law specialists in Berlin. The rising number of lawsuits also opens up a business opportunity for lawyers. Law firms advertise with the promise of expedited proceedings and attract applicants. This is particularly true for a lawyer in a specific Facebook group on inaction lawsuits and two immigration law firms specializing in consumer law.


However, this practice can be paradoxical: instead of faster processing, it often leads to additional delays and costs . The Berlin Interior Administration emphasizes that actions for failure to act can slow down the entire process, even though their legal purpose is to rectify processing deficiencies. This, however, is too general and does not reflect the level of detail in legal disputes concerning naturalizations and actions for failure to act before the administrative courts. From a legal perspective, it is generally advisable to file an action for failure to act after the three-month period has expired.


Discussion about the deadline: Three months or twelve?

The issue becomes even more contentious when considering the deadlines: Currently, the LEA (State Office for Migration and Refugees) must generally decide on a naturalization application within three months . In the past, the federal government planned to extend this deadline to twelve months . Criticism of this comes primarily from lawyers and migrant organizations, as an extension would significantly restrict the rights of applicants and would only be possible to file lawsuits for inaction at a later date.


State Office for Immigration and Inaction Action

Berlin's Interior Senator Iris Spranger announced support for the State Reception Center (LEA) and increased staffing in its procedural affairs department to handle the growing number of inaction lawsuits. Nevertheless, the Berlin case demonstrates how severely naturalization procedures can be pressured by rising application numbers, limited administrative resources, and the legal options available to applicants. For lawyers, the issue remains a double-edged sword: economically attractive, but legally and organizationally complex.


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