Act on Fribourg Citizenship (LDCF) - Subject Matter (BRG)

1. This law regulates the requirements for the acquisition and loss of cantonal, municipal, and local citizenship, as well as the procedure related thereto. The provisions of federal law remain reserved.

1. Acquisition and Loss of Cantonal Citizenship and Municipal Citizenship occur depending on the case

a) by operation of law, in accordance with the provisions of the Swiss Civil Code and the Federal Act on Swiss Citizenship (Citizenship Act);

b) by decision of the federal authority;

c) by decision of the cantonal authority;

d) by decision of the municipal authority.

1. A foreign person of the second generation is considered to be someone who has immigrant foreign parents and was born in Switzerland, or who entered Switzerland and spent the majority of their compulsory schooling there.

2. A foreign person of the third generation is considered to be someone who meets the requirements under federal law.

3. Freiburg citizenship includes cantonal and municipal citizenship, as well as local citizenship in municipalities with communal property rights.

1. Acquisition of Citizenship by Operation of Law is Subject to the Federal Citizenship Act and the Civil Code. Article 6 is Reserved.

1. The child shall acquire the municipal and cantonal citizenship in accordance with federal law.

2. Decisions concerning the change of citizenship in connection with a change of family name shall be made in accordance with the Administrative Procedure Act. The office responsible for institutional matters, naturalizations, and civil status matters (the office) is competent to make the decision.

1. A child of unknown origin found in the canton acquires the cantonal citizenship as well as the citizenship of the municipality in which it was found.

2. The Council of State establishes the citizenship of Fribourg based on the report of the directorate responsible for naturalizations (the Directorate).

**1. The Freiburg Citizenship may be granted to a foreign person if:**

a) they meet the formal and substantive requirements of federal law;

b) they fulfill the residency requirements according to Article 9;

c) they are granted municipal citizenship by a municipality of the canton;

d) they have fulfilled their public duties or declare their willingness to fulfill them;

e) they have not been convicted in the last 5 years prior to the submission of the application for an offense that demonstrates a lack of respect for the legal order;

f) they enjoy a good reputation;

g) they meet all integration criteria.

1. The right of citizenship of Freiburg can be granted to the applicant if she or he has integrated into the Swiss and Freiburg contexts.

2. The integration criteria include the following elements

a) participation in economic, social, and cultural life or the acquisition of education;

b) adherence to the basic rules of conduct essential for peaceful coexistence in society;

c) respect for the fundamental constitutional principles and observance of Swiss customs;

d) the ability to express oneself in one of the official languages of the canton, both orally and in writing, according to the criteria established in federal law;

e) adequate knowledge of public and political life;

f) the promotion and support of the integration of the wife or husband, registered partner, or minor children over whom parental authority is exercised.

3. An unmarried person who has lived in a relationship comparable to marriage for three years at the time of the application submission is considered married under this law.

4. In interpreting the integration criteria, the competent authorities consider the personal abilities of the applicant.

1. The applicant must have resided in the canton for at least three years, two of which must be within the five years preceding the submission of the application.

2. A foreign national of the second generation must have resided in the canton or in one of the cantons listed in the implementing regulation for a total of two years, one of which must be within the two years preceding the submission of the application.

3. During the procedure, the applicant must generally reside in the canton; foreign nationals of the second generation must reside in Switzerland.

4. Municipalities may not require more than three years of residence within their municipality.

5. If there are important reasons justifying it, the residence duration requirements in the years preceding the submission of the application may be reduced or waived. However, the applicant must still meet the requirements for the total duration of residence.

1. The Council of State may, through the Directorate, enter into inter-cantonal reciprocity agreements concerning the requirements for residency.

2. The municipalities of the canton may also enter into such agreements in accordance with the legislation on municipalities.

1. A Swiss citizen may apply for admission to the citizenship of Fribourg if he or she fulfills the requirements of Article 7 letters b-f.

1. Before submitting a naturalization application, the office verifies the civil status information of the person concerned. If necessary, the submitted documents may be subjected to a procedure for verifying authenticity.

2. Registration in the computerized civil status register can only take place after the civil status information has been checked.

1. The person seeking naturalization shall submit the application on the form for naturalization approval to the office; the application must be accompanied by the documents listed in the implementing regulations.

1. Minor children are generally included in their parents' naturalization application.

2. For a child under the age of 16, the consent of the legal representative is required if the applicant does not have parental authority. In the case of joint parental authority, the consent of the other parent is required.

3. A child over the age of 16 is included in the naturalization application if they provide written consent.

4. A child over the age of 14 can independently file a naturalization application; however, until the age of 16, the consent of the persons holding parental authority is required.

1. After registering the applicant in the computerized civil status register, the office gathers relevant information to determine whether the conditions for granting Freiburg citizenship are fulfilled (investigation report).

2. The office establishes the facts according to Articles 45 et seq. of the Act of May 23, 1991, on Administrative Procedure. It may also question witnesses.

3. The investigation regarding the applicant's situation includes, in particular, the following points

a) their personal, social, professional, and family situation;

b) their educational situation;

c) criminal records and police data;

d) the fulfillment of public duties;

e) adherence to Swiss customs;

f) sufficient knowledge of public and political life.

1. The office may declare the application inadmissible if the formal requirements according to federal law are not met.

2. The directorate may issue a decision of non-consideration if the substantive requirements according to federal law are obviously not fulfilled.

3. The decision may be made from the submission of the application until no later than before the forwarding of the dossier to the municipal authority.

1. If the dossier meets the legal requirements, the office forwards the naturalization application to the municipal authority for the decision regarding the granting of municipal citizenship rights.

1. If the municipal citizenship has been granted, the office forwards the naturalization application for the issuance of the federal naturalization permit to the federal authority.

1. If the applicant has been granted municipal citizenship and federal naturalization approval, the dossier is forwarded to the Council of State.

2. The Council of State forwards the dossier to the Grand Council in the form of a draft decree. Each dossier is submitted with a proposal for approval or, if applicable, a proposal for denial of naturalization.

1. The Naturalization Commission of the Grand Council reviews the dossier in advance and hears the applicant. However, it may waive the hearing of the applicant if the hearing before the municipal authority demonstrates that he or she is fully integrated. The Commission drafts proposals for the attention of the Grand Council.

2. The Grand Council decides on the granting of cantonal citizenship and Swiss citizenship.

3. A secret deliberation may be requested in accordance with the conditions set forth in the legislation concerning the Grand Council. If applicable, a record of the deliberations shall be prepared and attached to the session journal, which the Secretariat of the Grand Council maintains separately for the secret session.

1. The Decree of Naturalization by the Grand Council shall be published in the Official Gazette in a simplified form and without the list of affected individuals.

2. Additionally, the rules concerning the publication of decrees shall apply.

1. In the case of foreign individuals of the second generation, the regular procedure shall apply. However, the Naturalization Commission of the Grand Council may waive the requirement to hear them.

2. ...

1. The standard procedure is applied to Swiss nationals. The following provisions are reserved

a) The federal naturalization permit does not need to be obtained.

b) The applicant is not heard by the Naturalization Commission of the Grand Council.

c) There is, in principle, no investigation report.

d) The State Council decides on naturalization.

e) ...

1. Acquisition of Freiburg Citizenship and Swiss Citizenship becomes legally binding with the adoption of the Naturalization Decree by the Grand Council or the Naturalization Decision by the Council of State.

1. The State Council issues a naturalization document to the new citizen, which is generally presented to her or him at the official reception.

1. After the conferment of citizenship, the office invites the new citizens to an official reception. Individuals who have obtained Swiss citizenship by decision of the federal authority may also be invited.

2. At the official reception, the new citizen formally commits before the Council of State with the following words

"I pledge to be faithful to the Federal Constitution and the Cantonal Constitution; I commit as a loyal and faithful Swiss citizen to respect the laws, freedoms, and independence of my new homeland and to actively support and serve my new home with dignity."

3. The Council of State determines the details of the official reception.

1. The State and the municipalities levy an administrative fee.

2. If the application is withdrawn, suspended, or dismissed, the administrative fee remains due for the steps already undertaken.

1. The administrative fee must be paid to the office before the session of the Grand Council begins or before the draft naturalization decision is submitted to the State Council.

2. If the fees are not paid within the deadline, the naturalization application will be removed from the agenda of the Grand Council or the State Council.

3. The office may grant an exception upon the written and justified request of the applicant.

1. Swiss citizens, who have relinquished their citizenship of Freiburg due to marriage or for other reasons, may be reinstated into their former citizenship at any time, provided they submit a respective application to the office.

1. The decision regarding readmission to Freiburg citizenship is made by the Council of State.

1. **Reacquisition of Citizenship**

Reacquisition of citizenship extends to the minor children of the applicant, provided they are under his or her parental custody and previously possessed Freiburg citizenship. From the age of 16, their written consent is required.

2. **Consent of Legal Representatives**

The consent of the legal representative is required if the applicant does not have parental custody; in cases of joint parental custody, the consent of the other parent is also necessary.

3. **Application of Article 14**

Article 14 applies mutatis mutandis.

1. The decision on re-naturalization is subject to a fee.

1. The decision on the re-naturalization of former Swiss citizens and facilitated naturalization is made by the federal authority.

2. The office has the competence to

a) submit its opinion to the federal authority according to Articles 25 and 29 of the Swiss Citizenship Act;

b) file an appeal against decisions made on re-naturalizations or facilitated naturalizations under federal law.

1. The loss of Freiburg citizenship due to family law is regulated in the Federal Act on Swiss Citizenship and in the Swiss Civil Code.

1. Citizens of Fribourg who acquire the citizenship of another canton retain their Fribourg citizenship unless they have signed a declaration of renunciation prior to their naturalization.

2. The office acknowledges the renunciation of Fribourg citizenship and makes the necessary adjustments.

1. Release from the citizenship of Freiburg, which is associated with release from Swiss citizenship, is governed by the Federal Act on Swiss Citizenship.

2. The Council of State decides on the release from Freiburg citizenship and Swiss citizenship.

1. Citizens of Freiburg who hold an additional cantonal citizenship may apply for release from the citizenship of Freiburg.

2. For minors, Article 14 applies mutatis mutandis.

1. The declaration of renunciation must be sent to the office that verifies the civil status information.

2. The Council of State issues the document on the release from Fribourg citizenship to the applicant, listing all persons released from citizenship.

3. An administrative fee may be charged.

1. The release from the citizenship of Freiburg becomes legally effective with the issuance of the release document.

1. The loss of Freiburg citizenship due to the annulment or revocation of Swiss citizenship is regulated by the Federal Act on Swiss Citizenship.

2. The Great Council is the competent authority for the annulment of ordinary naturalization pursuant to Article 36 of the Federal Act on Swiss Citizenship.

1. Articles 7-10 shall apply mutatis mutandis.

1. The municipal council decides on the granting of municipal citizenship.

2. Negative decisions must be justified.

3. The cantonal government regulates the processing of the application and the justification of the decision.

4. The decision of the municipal council is sent to the office; the decision is accompanied by a copy of the minutes of the hearing conducted by the municipality's naturalization commission.

1. Each municipality shall establish a Naturalization Commission, whose members are elected for the duration of the legislative period by the municipal assembly or the general council. The Naturalization Commission must be composed of 5 to 11 members. The commission members must reside in the municipality and be entitled to vote.

2. The municipality ensures that applicants are heard by the Naturalization Commission so that it can be convinced of their integration. Swiss citizens who apply for municipal citizenship are not heard.

3. However, the Naturalization Commission may waive the hearing of applicants whose dossiers clearly demonstrate successful integration.

4. It prepares reasoned proposals for the municipal council regarding the acceptance or rejection of municipal citizenship.

1. Citizens of a municipality in the canton of Fribourg may apply for citizenship of another municipality within the canton.

2. For minors, Article 14 applies mutatis mutandis.

1. The substantiated application is to be addressed to the municipal council, which decides on the granting of municipal citizenship.

2. The acquisition of municipal citizenship becomes legally binding with the granting by the municipal authority.

1. Citizens of Freiburg with multiple municipal citizenships may request to be released from their municipal citizenships, provided they retain at least one municipal citizenship.

2. For minors, Article 14 applies mutatis mutandis.

1. The declaration of renunciation shall be addressed to the office that conducts the necessary clarifications and transmits the declaration to the municipal authority.

2. The municipal council decides on the release from municipal citizenship, listing all persons released from citizenship, and transmits the decision to the office.

3. The office delivers the release decision to the person released from municipal citizenship.

1. The Procedure for Release from Municipal Citizenship is Free of Charge.

1. In municipalities with citizen property trusts, the granting of municipal citizenship rights includes local citizenship rights.

1. The Grand Council may confer honorary citizenship free of charge and as a mark of honor to a person without the citizenship of Freiburg who has rendered outstanding services or distinguished themselves through exceptional merits.

2. The conferral of honorary citizenship only has the effects of naturalization within the framework of a naturalization procedure. Otherwise, it is personal, non-transferable, and does not affect civil status.

1. The municipality may confer honorary citizenship, free of charge and as an honor, upon an external person who has rendered outstanding services or distinguished themselves through exceptional merit.

2. Honorary citizenship only affects the civil status of a person if they are already domiciled in another municipality of the canton of Fribourg.

3. Honorary citizenship conferred upon a Swiss national or a foreign person only affects civil status within the framework of a naturalization procedure. Otherwise, it is personal and non-transferable.

4. Honorary citizenship of the municipality is conferred by the municipal assembly or the General Council.

1. The Directorate determines whether an individual possesses Swiss citizenship (Art. 43 BüG).

2. It also decides whether an individual possesses Freiburg citizenship.

3. The concerned municipality shall be consulted.

1. Decisions of the Office may be directly appealed to the Cantonal Court.

2. Decisions of the Municipal Council may be appealed to the Chief Administrative Officer.

3. Decisions of the Directorate, the Council of State, or the Grand Council may be appealed to the Cantonal Court.

4. Otherwise, the Administrative Procedure Act shall apply.

1. If the municipal council denies a naturalization application, a two-year period must be observed from the date the decision becomes legally binding before a new application can be submitted.

2. The same applies if a naturalization application has been denied by the Grand Council or the Council of State.

1. Applications submitted before December 31, 2017, shall be treated in accordance with the provisions of the previous law.

1. The Law of 15 November 1996 on Fribourg Citizenship (SGF 114.1.1) is hereby repealed.

1. The Civil Status Act of September 14, 2004 (SGF 211.2.1) is amended as follows

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2. The Municipalities Act of September 25, 1980 (SGF 140.1) is amended as follows

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1. This law is subject to the legislative referendum. It is not subject to the financial referendum.

2. It shall enter into force on January 1, 2018.