The Case: Application for Naturalization Remains Unprocessed for a Long Time
In this specific case, a man in Schleswig-Holstein had filed an application for Naturalization. However, the competent authority failed to decide on the application for an extended period of time. He then filed a Lawsuit for failure of act.
To clarify: A Lawsuit for failure of act is a legal remedy that allows applicants to challenge excessively long processing times. Generally, a Lawsuit for failure of act is Lawsuit for failure of act if a government agency fails to decide on an application for more than three months without sufficient cause. Those affected can then petition the court to have a decision made on their application.
Initially, the Administrative Court stayed the man’s proceedings. The plaintiff filed an appeal with the Higher Administrative Court (OVG)—and was successful. The OVG lifted the stay of proceedings. In the court’s view , the authorities had failed to adequately explain why a decision on the naturalization application had not yet been made.
Under what circumstances may government agencies Naturalization longer to process Naturalization applications?
The legal basis for such cases is Section 75 of the Code of Administrative Procedure. Under this provision, a Lawsuit for failure of act may be Lawsuit for failure of act if a government agency fails to decide on an application for more than three months —and there is no “sufficient reason” for the delay.
Such a reason may, in exceptional cases, exist if a government agency is temporarily under exceptional strain and is unable to respond to this situation in the short term through organizational measures.
Important: These reasons must be temporary. If problems persist over a longer period of time, they are no longer sufficient justification. In that case, the agency must take active steps to address the issue—for example, by hiring additional staff or improving procedures.
Court: Government agency must be able to provide specific reasons for the delay
In its ruling, the Higher Administrative Court clarifies the requirements that apply in such cases. The most important point is that government agencies must be able to explain why a particular proceeding is taking so long.
General references to high volumes of applications or staff shortages are not sufficient for this purpose. Instead, the agency must specify the specific reasons responsible for the long wait times.
In addition, the longer a proceeding takes, the more thoroughly the agency must be able to substantiate the reasons for the delay. It is not enough simply to list possible reasons; the agency must demonstrate that these reasons are in fact the primary cause of the long wait.
In the plaintiff’s case, the court found that important information was missing or too vague. For example, the agency was unable to provide a clear explanation:
- How many naturalization applications have been received and how many of them have been processed
- How long processing takes on average
- How many hours per week are available for processing
- What organizational measures were taken to improve the situation, and whether they were successful
The court found that much of the information provided was too general and not specific enough. There was a lack of verifiable figures and clear information regarding the actual processing situation. The agency merely stated that applicants should expect a wait time of up to 24 months.
Chronic overload is not a sufficient reason
Another key point of the decision: A chronic backlog at the agency is not a sufficient reason to leave an application for Naturalization unprocessed Naturalization an extended period of time.
The agency argued that the number of applications had risen sharply in recent years and that short-term solutions were not feasible. The court did not fundamentally disagree, but made it clear that if such a backlog persists for years, the administration must take action—for example, by hiring additional staff or improving the organization of its processes.
Such a persistent problem should not be borne by the applicants. The authorities must take active steps to address it and must not use it as an excuse for long wait times.
Court: Naturalization special significance
The Higher Administrative Court also emphasized that naturalization proceedings are, in principle, of particular significance. Citizenship is of great importance to every individual. It has implications for daily life—for example, regarding the right to vote, freedom of movement within the EU, or access to certain government benefits.
The court therefore made it clear that anyone who meets all the requirements for Naturalization is entitled to a timely decision on their application. Government agencies may not leave naturalization applications unprocessed for too long.
What does the decision mean for those seeking naturalization?
The decision is of great importance to many people who Naturalization .
He makes it clear:
- Government agencies may Naturalization justify long wait times for Naturalization by citing general reasons such as being overwhelmed, staff shortages, or high application volumes
- Government agencies must provide precise and transparent explanations for long wait times
- The longer a proceeding takes, the more thoroughly the agency must be able to substantiate the reasons for the delay.
- If the problems have persisted for years, the authorities must demonstrate that they are taking effective action to address them
- Problems that have persisted for years should not be borne by applicants
- Under certain conditions, applicants may Naturalization legal Naturalization against excessively long waiting times for Naturalization
For applicants, this means that anyone who has been waiting a long time for a decision on their naturalization application can file a Lawsuit for failure of act an unjustified delay.
