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Visa Lawsuit Germany
Lawyer Immigration Lawsuit: Overview page on legal proceedings in the area of immigration and residence in Germany.
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In Germany, the separation of powers is a central principle of the democratic constitutional state . State power is distributed among three independent branches of government: the legislative branch (legislation), the executive branch (executive branch, i.e., the administration and authorities), and the judicial branch (judicial branch). Within the framework of this separation of powers, legal proceedings take place before independent courts. This means that courts make their own decisions and are not bound by instructions from authorities or the government.
This judicial independence is constitutionally guaranteed and ensures that disputes between citizens, as well as between citizens and the state, are decided neutrally, impartially, and solely on the basis of applicable law . This separation is particularly important in administrative law—for example, in proceedings against decisions made by immigration authorities or embassies. Those affected can rely on the fact that their concerns will not be assessed by the same authority that issued the administrative act, but by an independent court. Judicial proceedings are thus a central instrument for protecting individual rights and monitoring state action.
Table of Contents
1. Separation of powers and judicial independence in Germany
2. Court proceedings in visa and migration law
3. FAQ Legal proceedings Immigration
4. Conclusion Immigration Court Proceedings
5. VISAGUARD Guides Legal Proceedings Immigration
1. Separation of powers and judicial independence in Germany
In Germany, the separation of powers is a central principle of the democratic constitutional state. State power is distributed among three independent branches of government: the legislative branch (legislation), the executive branch ( administration and authorities ), and the judicial branch ( judicial branch ). This separation ensures that courts act independently and make decisions without influence from the government or administration. Especially in sensitive areas such as administrative law, for example, in proceedings against decisions by immigration authorities or embassies, judicial independence guarantees that disputes are adjudicated neutrally and exclusively on the basis of applicable law.
2. Court proceedings in visa and migration law
For those affected by migration and visa law, independent courts are an essential tool for protecting individual rights . Proceedings before administrative courts make it possible to challenge decisions made by authorities – whether through an objection, an action for annulment, or an action for an order. Specialist lawyers specializing in migration law provide support in filing a lawsuit, drafting applications, and attending court hearings. Furthermore, instruments such as interim relief, suspensive effect, or remonstration can be used to expedite proceedings or secure the status quo during the legal dispute. These mechanisms bring the separation of administration and jurisdiction to life in practice and ensure a fair examination of the concerns of migrants.
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3. FAQ Legal proceedings Visa Germany
What does separation of powers mean?
Separation of powers means that government power is distributed among three independent branches: the legislative (legislation), the executive (administrative), and the judicial (courts). This ensures that government bodies act and make decisions independently.
Why is judicial independence important?
Independent courts ensure that disputes are resolved neutrally and impartially. Particularly in administrative law, they protect citizens from one-sided judgments of administrative decisions.
Who can help with proceedings before administrative courts?
Specialist lawyers specializing in immigration law advise and represent those affected before embassies, immigration authorities, and administrative courts. They assist with legal documents, deadlines, and the correct legal procedure.
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List of Sources (Paywall)
[1] Michael Brenner in Sodan/Ziekow, Administrative Court Act | VwGO § 75 Rn. 1-88 | 5th edition 2018
[2] Porsch in Schoch/Schneider | VwGO § 75 | 47th Edition February 2025
[4] Helge Sodan/Jan Ziekow in Sodan/Ziekow, Administrative Court Code | 5th edition 2018
[5] Schoch/Schneider | Table of Contents | 6th edition November 2024