Act on Cantonal and Municipal Citizenship - Content of Citizenship Rights

1. The law regulates the acquisition and loss of land rights and municipal citizenship rights.

1. The municipal citizenship is the basis of the state law.

2. Only those who are assured municipal citizenship can acquire state law.

1. The right to domicile and municipal citizenship shall only be granted to individuals who, in particular

a) are familiar with Swiss, cantonal, and local customs,

b) respect the legal order,

c) possess adequate language skills.

2. Foreign nationals must demonstrate that they hold federal naturalization permission.

1. Any person who has had a residence in the same municipality for at least three years may submit an application for admission to the state citizenship and municipal citizenship.

2. ...

1. Naturalization extends to the children under the parental custody of the applicant, but for juveniles over the age of 16, only if they consent to the naturalization in writing.

1bis. In cases of joint parental custody, the non-applicant parent must give written consent to the child's naturalization.

2. In justified cases, naturalization may be limited to the applicant or to individual children.

1. Minors can be naturalized independently.

2. They must submit the application for naturalization through their legal representative.

3. Persons over the age of 16 must also declare in writing their own intention to acquire citizenship.

1. The right of domicile is granted by the executive council.

1. Whoever acquires the land rights must pay a fee in accordance with the Law on Administrative Fees.

1. The municipal citizenship is conferred by the municipal council.

2. The municipal code may delegate this authority to a commission.

1. A fee may be charged for the granting of municipal citizenship in accordance with the fee schedule for municipalities.

1. The municipal citizenship becomes effective with the acquisition of state citizenship.

2. The granting of additional municipal citizenship to a citizen of the canton becomes legally binding with the decision of the municipal council.

1. Whoever provides proof of another citizenship shall, upon their request, be released from the state citizenship by the governing council.

2. Upon release from the state citizenship, the municipal citizenship rights of Ausserrhoden shall also lapse.

1. Whoever proves citizenship in another Outer Rhodes commune will, upon request, be released from the commune citizenship by the municipal council without loss of the cantonal rights.

1. The release from citizenship extends to the children under parental care of the applicant, but to young persons over 16 years of age only if they consent in writing to their release.

1bis. In cases of joint parental care, a non-applicant parent must consent in writing to the release of the child from citizenship.

2. In justified cases, the release can be limited to the applicant or to individual children.

1. The discharge from state citizenship and municipal citizenship is free of charge.

1. If there is a question as to whether someone possesses the regional law or municipal citizenship rights, the decision is made by the Government Council.

1. The procedure before the cantonal and municipal authorities is governed by the Administrative Procedure Act.

1. Competent Authority in Terms of the Federal Act is the Executive Council. It may delegate its powers in whole or in part to a department or an administrative division.

1. The foundling acquires the citizenship of the municipality in which it was found.

1. The cantonal and communal naturalization authorities make the final decision on the granting of cantonal or municipal citizenship rights.

1. Pending applications for citizenship at the time of this Act's entry into force shall be assessed according to the law that is more favorable to the individuals concerned.

1. This law shall enter into force upon adoption by the Landsgemeinde.

2. At the same time, the law of April 26, 1925, concerning the acquisition of cantonal and municipal citizenship, as well as the renunciation of these rights (Cantonal and Municipal Citizenship Law), shall be repealed.