Go Back   English Forum Switzerland > Living in Switzerland > Swiss politics/news  
Reply
 
Thread Tools Display Modes
  #1  
Old 27.01.2020, 17:26
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Geranium police vs. naturalization applicant 0-1

The Geranium Police of Arth (a.k.a the communes naturalization committee) just suffered a major defeat at the Federal court.
It was told off for being to pedantic and not focusing on the bigger picture of integration.

Quote:
Thus, the Italian fulfilled all other naturalization requirements. However, the naturalization authorities accused him of lacking cultural knowledge as well as insufficient social integration. According to the Federal Court, this contradicts any life experience, as the man has been running his own craft shop for years. It is completely contradictory to the job of a craftsman not to have any contact with the local population.

The Federal Court further states that the naturalization authorities had demanded very specific answers in their interview with the man. They wanted to know what " Iffelen" are, what the person seeking naturalisation knew. Further the court decided, the man must not be reproached for not knowing that bears and wolves live in the same enclosure in the zoo of Goldau.
Translated using deepl.com
https://www.nau.ch/news/schweiz/bund...rgern-65652565

Court ruling BGER 1D_1/2019 https://www.bger.ch/ext/eurospider/l...=show_document

Press release from the Federal Court: https://www.bger.ch/files/live/sites...d_15_27_59.pdf
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
The following 15 users would like to thank aSwissInTheUS for this useful post:
  #2  
Old 27.01.2020, 18:24
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 5,750
Groaned at 95 Times in 60 Posts
Thanked 6,306 Times in 2,889 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Good!!! So what happens now? Does the Gemeinde have to approve him? Has the federal government issued it to him over the Gemeinde's heads?
Reply With Quote
  #3  
Old 27.01.2020, 18:29
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Quote:
View Post
Good!!! So what happens now? Does the Gemeinde have to approve him? Has the federal government issued it to him over the Gemeinde's heads?
Yes, commune must approve him. From the federal court ruling: "Die Einbürgerungsbehörde Arth wird angewiesen, dem Beschwerdeführer das Gemeindebürgerrecht zu erteilen."



The federal court cannot simply award the Swiss citizenship, as you need the commune citizenship first which can only be awarded by the commune in case of a regular naturalization in canton Schwyz and no one else.

Last edited by aSwissInTheUS; 27.01.2020 at 19:12. Reason: precised statement.
Reply With Quote
This user would like to thank aSwissInTheUS for this useful post:
  #4  
Old 27.01.2020, 18:41
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 5,750
Groaned at 95 Times in 60 Posts
Thanked 6,306 Times in 2,889 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Quote:
View Post
The federal court cannot simply award the Swiss citizenship, as you need the commune citizenship first which can only be awarded by the commune and no one else.
Bern award it in the case of facilitated.
Reply With Quote
This user would like to thank Island Monkey for this useful post:
  #5  
Old 27.01.2020, 19:05
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Quote:
View Post
Bern award it in the case of facilitated.
Right, I corrected my statement. But it is Wabern to be super correct, as it is the SEM which awards the citizenship in cases of facilitated (Art. 25 Citizenship Act https://www.admin.ch/opc/en/classifi...index.html#a25 and SEM Contact Details https://www.sem.admin.ch/sem/en/home...s/kontakt.html)

Further information in this thread: https://www.englishforum.ch/permits-...heimatort.html

And to be super correct I limited the statement above as, if I got it right, in canton Vaud the right to award regular communal citizenship lies with the canton.
__________________
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22
Reply With Quote
  #6  
Old 28.01.2020, 08:20
NotAllThere's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Baselland
Posts: 13,273
Groaned at 216 Times in 191 Posts
Thanked 19,367 Times in 7,881 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Quote:
View Post
And to be super correct I limited the statement above as, if I got it right, in canton Vaud the right to award regular communal citizenship lies with the canton.
Same in Baselland.
Reply With Quote
  #7  
Old 28.01.2020, 11:43
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,783
Groaned at 99 Times in 88 Posts
Thanked 19,576 Times in 8,681 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Quote:
View Post
Same in Baselland.
Wrong. § 3 Bürgerrechtsgesetz Basel-Landschaft, the competency to award the commune citizenship in the regular process lies solely with the commune.
http://bl.clex.ch/app/de/texts_of_law/110
Reply With Quote
  #8  
Old 28.01.2020, 13:35
Occasional_Canadian's Avatar
Forum Veteran
 
Join Date: Apr 2012
Location: Dubi
Posts: 735
Groaned at 21 Times in 17 Posts
Thanked 1,593 Times in 591 Posts
Occasional_Canadian has a reputation beyond reputeOccasional_Canadian has a reputation beyond reputeOccasional_Canadian has a reputation beyond reputeOccasional_Canadian has a reputation beyond reputeOccasional_Canadian has a reputation beyond reputeOccasional_Canadian has a reputation beyond repute
Re: Geranium police vs. naturalization applicant 0-1

Won't anybody mention the geraniums? Geranii?
Reply With Quote
This user would like to thank Occasional_Canadian for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Normal Naturalisation - applicant diary litespeed Permits/visas/government 943 Yesterday 22:40
Facilitated Naturalization- What next post Police interview? Deeall Permits/visas/government 8 05.04.2018 13:32
Job Applicant Bani Singh Introductions 3 15.05.2017 16:57
Co-applicant in rent for new appartment intothewild Housing in general 7 09.04.2017 15:51
RTS reports on naturalization process/naturalization test catandmouse Permits/visas/government 12 15.06.2015 16:47


All times are GMT +2. The time now is 03:16.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0