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Old 27.01.2020, 18:26
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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.

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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
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Old 27.01.2020, 19:24
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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?
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Old 27.01.2020, 19:29
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Re: Geranium police vs. naturalization applicant 0-1

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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 20:12. Reason: precised statement.
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Old 27.01.2020, 19:41
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Re: Geranium police vs. naturalization applicant 0-1

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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.
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Old 27.01.2020, 20:05
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Re: Geranium police vs. naturalization applicant 0-1

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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.
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Old 28.01.2020, 09:20
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Re: Geranium police vs. naturalization applicant 0-1

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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.
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Old 28.01.2020, 12:43
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Re: Geranium police vs. naturalization applicant 0-1

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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
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Old 28.01.2020, 14:35
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Re: Geranium police vs. naturalization applicant 0-1

Won't anybody mention the geraniums? Geranii?
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