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Old 03.03.2008, 18:27
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Re: EU human rights law under bilateral treaty

Ok. You really need to take out most of what you have written for people to understand you. You have lots of opinion and reparte mixed in with questions, rhetoric, making "points" and exclamations, etc.

I still don't know what law you are talking about as you haven't showed me the law so I can read it and then comment on it.

A right to entry clearance is not the same as residency permit and, again, I assume as I haven't read the law, with the right comes obligations. Like, you have the right to freedom unless you kill someone. You have the right entry unless x, you have the right to residency unless y, you have the right to freedom of speech unless z, etc.

Then you have a process to follow to attain those rights. I.e. As a spouse of a Swiss citizen, you want residency then you go to the commune and declare your presence. You do not ask permission. You tell them you are there and unless you do something like x, y, z (have criminal record, blond hair, can't support yourself and your spouse (or vice versa), whatever) then you get your permit.

Anyway, some laws pertaining to spouses are already governed at the federal level and not at the canton level: ie. facilitated naturalization for spouses of Swiss citizens. The canton doesn't have a say in the process.
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