1. État, peuple, Authorities » 14. Right of Citizenship, établissement, **Stay** 141. Right of citizenship
Table of Provisions (12)
Statutory Text (12 Articles)
The municipal citizenship forms the basis of the cantonal citizenship (Art. 16, para. 2, of the Cantonal Constitution). It determines the origin (Art. 22, para. 1, of the Swiss Civil Code (SCC)).
1 The granting of municipal citizenship rights, in the case of citizens of the Canton, as well as the promise of admission, in the case of citizens of other Swiss cantons or foreign countries, falls under the jurisdiction of the municipal commune, the mixed commune, and the bourgeois commune.
2 These communes are permitted, except for the provisions of the following Articles 3, 4, 5, and 6, to outline specific conditions in their regulations concerning said admission or promise of admission.
3 The possession of the former right of citizenship in a commune implies the possession of the citizenship rights of that same commune.
1 As a general rule, the admission or promise of admission to municipal citizenship shall be requested from the municipality where the applicant can prove a domicile of two years immediately preceding their application.
2 Exceptions to this rule may be authorized, for important reasons, by the Government when it concerns nationals from other Swiss cantons or foreign countries.
1 The admission of nationals from the Canton to the communal right of citizenship, or the promise of admission of nationals from other Swiss cantons or foreign countries, occurs, in municipal communes and mixed communes, by decision made by the majority of the assembly.
2 In bourgeois communes, it occurs by reception or promise of reception as a member of the bourgeoisie.
1 For the admission or promise of admission to the right of citizenship, municipal or mixed communes may charge a naturalization fee within the limits set by decree. The amount can be determined on a case-by-case basis depending on the economic situation of the applicant.
2 Citizen communes freely set the admission fee.
1 To Nationals of Other Swiss Cantons and Foreigners, municipal citizenship shall be conferred, upon presentation of a promise of admission, by the Government and in conjunction with cantonal citizenship (Art. 92, letter m, of the Cantonal Constitution).
2 The applicant must provide proof of
1. The exercise of civil rights;
2. A good reputation;
3. The means to provide for their own sustenance and that of their family;
4. Their family and nationality status.
3 When the applicant does not have the exercise of civil rights, the application may be submitted by their legal representative.
When a person holds the right of citizenship of multiple communes, their origin is determined by the right of citizenship of the commune which is also their current domicile or was their last domicile; otherwise, the determining factor is the last communal right of citizenship acquired by that person or their ancestors (Art. 22 CC).
1. The right of communal citizenship is lost
1. for specific reasons provided in the Swiss Civil Code, particularly in Articles 267a and 271;
2. by renunciation and the subsequent release resulting from it.
2. ...
3. The legitimate child of a foreign father and a Swiss mother loses the right of communal citizenship acquired by birth or by facilitated naturalization, when the father becomes a Swiss citizen before the child reaches the age of majority.
1 The release from the municipal citizenship may be pronounced by the Civil Status and Inhabitants Section when the person concerned demonstrates possessing another municipal citizenship.
2 The release from the cantonal citizenship, simultaneously with the municipal citizenship, is pronounced by the Civil Status and Inhabitants Section when the person concerned demonstrates
1. the exercise of civil rights;
2. no longer having domicile in the Canton;
3. having been admitted to the citizenship of another canton or State, or being the beneficiary of a promise of admission.
3 The Civil Status and Inhabitants Section is also competent to ascertain the right of citizenship.
The admission of the husband to municipal citizenship rights and his release from the bonds of these citizenship rights shall extend their effects to the wife and minor children, unless exceptions are formally stipulated by the competent authority.
The procedure regarding admission to municipal and cantonal citizenship, as well as the release thereof, the maintenance of the municipal citizenship registers, and the issuance of certificates of origin, shall be regulated by a decree of Parliament.
The Government shall determine the date of entry into force of this law.