1. État, peuple, Authorities » 14. Right of Citizenship, établissement, "Right of Residence" 141. Right of Citizenship
Table of Provisions (45)
Statutory Text (45 Provisions)
Admission to municipal citizenship, in the case of citizens of the Canton, as well as the promise of admission for citizens of other Swiss cantons or foreign countries, is the responsibility, in accordance with the following provisions, of the municipal commune, the mixed commune, and the civic commune (Art. 2, para. 1, LDC).
Possession of the former right of citizenship in a commune entails possession of the right of citizenship of the same commune (art. 2, para. 3, LDC).
2 When a person holds the right of citizenship in multiple communes, their origin is determined by the right of citizenship of the commune which is also their current domicile or their last domicile; if not, the determining factor is the last communal right of citizenship that this person or their ancestors have acquired (art. 22 of the Swiss Civil Code (CC)).
Admission of the husband to the right of municipal citizenship extends its effects to the wife and minor children, unless exceptions are formally stipulated by the competent authority (Art. 10 LDC).
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 residency of two years immediately preceding their application (Art. 3, para. 1, LDC).
2. This residency is determined by Article 23 of the Swiss Civil Code.
3. Exceptions to the rule set forth in paragraph 1 above may be authorized, for important reasons, by the Government (Art. 3, para. 2, LDC).
The candidate for municipal citizenship must further justify
1. their nationality, by producing a certificate of origin or an equivalent document;
2. the individuals whose right of citizenship is determined by theirs (see art. 3 of this decree);
3. their means of maintaining themselves and their family, particularly the assets and income on which they have paid taxes during the last two years;
4. a good reputation;
5. the exercise of civil rights, or, failing that, authorization granted by their legal representative (art. 422, sec. 2, CC) to acquire the right of citizenship;
6. if they are a foreigner, authorization from the Federal Council to be admitted as a citizen of a Swiss canton and municipality in accordance with the federal provisions on the matter.
2 It is permissible for municipalities, subject to legal provisions, to provide in their regulations for additional conditions regarding the admission or promise of admission to the right of citizenship (art. 2, para. 2, LDC).
3 The candidate will meet the requirements of points 2 to 5 above by producing an official certificate issued by the municipal council or the authority designated by the municipal regulation.
The candidate must submit a written application, signed by themselves or by a duly authorized representative, to the municipal or bourgeois council of the municipality where they wish to obtain admission or a promise of admission to the citizenship rights. The application of candidates who do not have the capacity to exercise civil rights shall be signed by their legal representatives (Art. 422, ch. 2, Civil Code).
2 In the event that the candidate cannot justify a residence of two years immediately preceding their application, they must indicate the reasons for which they believe they may request an exemption from this requirement, in accordance with Article 4, paragraph 3, of this decree.
The candidate must attach the required certificates to his or her application (art. 4 and 5 of this decree). However, if these certificates are already filed with the municipality where the candidate is applying for the right of citizenship, or if they are to be issued by the authorities of this municipality, it will not be necessary to produce them.
The municipal or bourgeois council examines the application for admission and proceeds with the necessary inquiries. The communes of the Canton are obliged to provide freely the required information and certificates in matters of this kind.
2. The application can only be submitted to the municipal assembly or the general council once it is established that the legal and regulatory conditions are met.
3. When the applicant for the right of municipal citizenship cannot prove a two-year stay in the commune immediately prior (see Art. 4 of this decree), admission or the promise of admission can only be granted with the express reservation that the competent cantonal authority will exempt the applicant from fulfilling said condition.
**1. Admission of Canton Nationals to Municipal Citizenship, or Promise of Admission for Nationals of Other Swiss Cantons or Foreign Countries**
The admission of nationals from the Canton to municipal citizenship, or the promise of admission of nationals from other Swiss cantons or foreign countries, takes place in the municipal and mixed communes by a decision made by the majority of the communal assembly (Art. 4, para. 1, LDC).
2. The admission and the promise of admission to municipal citizenship may furthermore be placed under the sovereign competence of the general council by the municipal regulation (Art. 74, para. 2, of the Law on Communes).
**1. Admission or Promise of Admission to Municipal Citizenship**
The admission or promise of admission to municipal citizenship in bourgeois communes occurs by a decision made by the majority of the bourgeois assembly. The provisions of the law on communes are reserved.
2. Anyone who acquires municipal citizenship in a mixed commune also acquires the right to participate in bourgeois privileges by being admitted to the bourgeoisie through a decision made in an assembly by a majority of votes from citizens who are bourgeois of the commune and who are eligible to vote under the terms of the law on communes.
Regarding the admission or promise of admission to citizenship, a document bearing the signature of the president and the secretary of the assembly that made the decision will be issued to the candidate.
To nationals of other Swiss cantons and to foreigners, municipal citizenship will be granted, based on a promise of admission, by the Government jointly with cantonal citizenship (Art. 6, para. 1, LDC).
When, in the cases specified in Article 8, paragraph 2, it concerns the admission of a Jura native, the municipal or bourgeois council shall automatically submit to the Government the decision pronouncing the admission, requesting, with supporting reasons, the waiver of the condition of a two-year prior residence. Until this waiver has been granted, the certificate of admission provided for in Article 11 of this decree cannot be issued to the candidate.
2 If it concerns a promise of admission in favor of a resident of another canton or a foreign national, the related document will specify the reasons justifying the waiver of the two-year residence condition. The applicant must then request this waiver from the Government in their application for obtaining the cantonal citizenship right.
If the admission to municipal citizenship is promised free of charge to a foreigner of the Canton, the municipal or bourgeois council shall itself request the Government to grant cantonal citizenship (Art. 19, para. 2, of this decree).
2 It must also provide the documents required by Article 20 of this decree, except for those concerning income and wealth conditions.
**For the Admission or Promise of Admission to Citizenship**
For the admission or promise of admission to the right of citizenship, municipal communes and mixed communes may charge a naturalization fee amounting to
a) For foreigners under the age of 25, per person: 200 points
b) For foreigners over the age of 25, per file: 500 to 1,000 points.
2 The fee for aggregation to a bourgeois commune shall be freely determined by the commune itself (Art. 5 LDC).
1 Admission Finance
All monetary contributions required from the applicant in order to obtain admission or the promise of admission to communal citizenship or the right of bourgeoisie must be included in the admission finance. It is prohibited to conceal the actual amount of this finance in any manner whatsoever.
2 This amount must be specified precisely in the act of admission or the promise of admission (art. 11 of this decree).
In the event that the bourgeois commune exercises social assistance in favor of its citizens, it must allocate 80% of the admission fee to this service.
The cantonal right of citizenship is granted by the Government (Art. 92, para. 2, letter m, of the Cantonal Constitution).
2 Federal legislative provisions remain reserved.
To obtain cantonal citizenship, an application must be submitted in writing to the Section of Civil Status and Inhabitants, intended for the Government, and signed by the applicant or their duly authorized representative. If the individual concerned does not have the capacity to exercise civil rights, the application must be signed by their legal representative (art. 422, para. 2, CC). All powers of attorney produced must be legalized.
2 In the case of a promise of admission to municipal citizenship being made free of charge to a foreigner to the Canton, it is the municipal or bourgeois council of the concerned municipality that will submit the aforementioned application (see art. 14 of this decree).
Attached to the application shall be
1. the documents required to obtain municipal citizenship (Art. 4 and 5 of this decree);
2. the act of admission or promise of admission to this municipal citizenship (Art. 11 of this decree).
2 The application and supporting documents from Jura authorities must be stamped.
3 The registration fee provided for in Article 24, paragraph 1, of this decree, must be attached to the application.
**Section of Civil Status and Residents**
1. The Section of Civil Status and Residents submits the application for preliminary examination and orders the necessary investigations. All cantonal and communal authorities are obligated to provide, free of charge, the information, reports, and certificates that are required of them, although they have the right to demand reimbursement of their expenses incurred for this purpose.
2. Once the investigation is complete, the Section of Civil Status and Residents decides, subject to appeal to the Government, whether the application meets the requirements of this decree. Its decision is communicated to the interested party and the commune that granted or promised the communal right of citizenship. The interested party and the commune have standing to appeal.
Heard the report and the proposal from the Civil Status and Residents Section, the Government decides on the application.
2 The granting of cantonal citizenship extends its effects to the applicant's wife and minor children, unless there is a formal exception concerning them in the decision.
1 The decision of the Government is notified both to the person concerned and to the municipality that has granted or promised the communal right of citizenship; at the same time, the person concerned is invited to pay the naturalization fee provided for in Article 24, paragraph 2, and to make the solemn declaration in accordance with Article 23a of this decree.
2 The person concerned receives the naturalization order after having paid the naturalization fee and made the solemn declaration.
**1 Swiss Citizens from Other Cantons**
Swiss citizens from other cantons who are admitted to cantonal citizenship are called upon to make the following promise before a delegation of the Government
"I promise to be loyal to the Republic and Canton of Jura, to respect its Constitution and laws, and to defend at all times the rights and freedoms of the people and citizens."
**2 Foreigners Admitted to Cantonal Citizenship**
Foreigners admitted to cantonal citizenship are called upon to make the following promise before a delegation of the Government
"I promise to be loyal to the Swiss Confederation and the Republic and Canton of Jura, to respect their constitutions and laws, and to defend at all times the rights and freedoms of the people and citizens."
The naturalization fee is determined in accordance with the legislation on fees.
For each municipal or joint municipality, the civil status officer shall register in the family register the individuals granted the right of citizenship of the municipality pursuant to Article 2, paragraph 1, of the Law on Municipal Citizenship, in accordance with Article 14 of the Decree on Civil Status Services.
Bourgeois municipalities may continue to maintain the register of bourgeois. Individuals who acquire the right of communal citizenship in the bourgeois municipality shall be registered therein (Art. 2, para. 1, LDC).
2 The form and maintenance of the register of bourgeois are determined by the bourgeois regulations.
The registers of the citizens are placed under the supervision of the Civil Status and Residents Section, which will inspect them periodically.
2 If the Civil Status and Residents Section identifies any irregularities or defects in the maintenance of the registers, it will address them and, if necessary, report to the department to which it is attached.
The certificate of origin attests to the right of citizenship of the Swiss citizen; it states all cantonal and communal rights of citizenship that the latter possesses.
2 A Swiss citizen can obtain only one certificate of origin, with the municipality of origin, municipal, mixed, or bourgeois, being responsible for issuing it.
3 The State Chancellery, through the Cantonal Treasury, ensures the printing of the official forms.
The officer responsible for controlling residents or the keeper of the register of citizens records the request for the certificate of origin and verifies whether such a certificate has not been previously issued.
2 II ensures, if applicable, that the previous certificate has been returned for cancellation.
3 The request for the certificate of origin is forwarded to the civil status officer.
Based on the family register, the civil status officer prepares the document in triplicate using the official form; one copy is filed at the office, with the original being submitted to the commune along with a copy for verification purposes.
2 The resident control officer or the keeper of the citizens' register records it in the register of documents of origin issued, files the verification copy, and notifies other places of origin.
To be valid, the act of origin must be signed by the mayor or the president of the bourgeoisie and by the official responsible for monitoring the inhabitants or the keeper of the bourgeois register; it must bear the appropriate seal.
2 The act of origin is sent to the holder without legalization.
3 The municipal, mixed, or bourgeois commune is liable for the damage caused by the issuance of inaccurate or irregular acts of origin, with the civil officer's liability being reserved.
**Loss of the Original Document**
1. The loss of the original document must be reported in writing, detailing the circumstances, to the competent resident registration authority so that the latter may officially conduct the necessary searches; the costs associated with such an operation are to be borne by the individual concerned.
2. The holder requests from the municipal authority, where the last withdrawal of the original document took place, a certificate confirming the surrender of this document.
3. If the searches prove to be fruitless, a new original document is issued only after the annulment of the former document through the Official Journal.
4. The original document, once found after annulment, must be returned to the authority that issued it.
Expired original documents, particularly due to the death of the holder or a change in civil status, are returned to the authority that issued them; the authority is responsible for their destruction.
Each municipality maintains a register of original acts issued, which notably includes the name, surname, order number, civil status, and the date on which the act was established.
In the event of multiple citizenship rights, each municipality of origin is informed of the issuance of the certificate of origin and records it in its register, indicating the date of issuance and the municipality of issuance.
2 Any mention (restitution, cancellation or loss, etc.) is communicated to the various places of origin.
The original document must not be taken abroad, given to a person leaving for a foreign country, or sent to them afterward, except for the Principality of Liechtenstein.
2 When the holder of an original document leaves for a foreign country, the municipality in possession of the document returns it to the issuing authority, which keeps it in deposit.
**The Release from Municipal Citizenship and Cantonal Citizenship Ties**
The release from the ties of municipal citizenship and cantonal citizenship is pronounced by the Civil Status and Residents Section, upon the request of the individual concerned and after having consulted the competent municipal or bourgeois council.
**Release from Municipal Citizenship**
1. Release from the municipal citizenship of a commune is pronounced when the individual concerned justifies possessing another municipal citizenship right (art. 9, para. 1, LDC).
2. The application for release must be written and signed by the interested party or their duly authorized agent and submitted to the Section of Civil Status and Residents. When the interested party lacks the exercise of civil rights, the application shall be signed by their legal representative (art. 422, ch. 2, CC). The powers of attorney of the agent or the representative must be legalized.
3. The application must be accompanied by the certificate of admission to the municipal citizenship of a new commune (art. 11 of this decree).
An act certifying the individual's release shall be issued to the concerned party. This release shall also be notified to the municipality of the former right of citizenship.
2 The pronounced release shall be officially communicated to the person in charge of the residents' registry or to the keeper of the burgher register of the concerned municipalities for annotation in the register of acts of origin issued or in the burgher register.
The release from cantonal citizenship is granted by the Civil Status and Inhabitants Section at the same time as the release from municipal citizenship, when the concerned party demonstrates
1. the exercise of civil rights;
2. no longer having a 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 (art. 9, para. 2, LDC).
2 The provisions of Articles 41, paragraphs 2 and 3, and 42 of this decree apply by analogy.
If the individual simultaneously renounces cantonal citizenship and Swiss nationality, the provisions of the Federal Act of 29 September 1952 on the Acquisition and Loss of Swiss Nationality shall apply.
The release of the husband from the bonds of municipal and cantonal citizenship extends its effects to the wife and minor children, unless exceptions are formally stipulated by the Civil Status and Inhabitants Section (art. 10 LDC).
2 The act certifying the release and the notice addressed to the municipality shall mention the effects of this measure (art. 42, para. 1, of this decree).
The Government is responsible for the implementation of this decree.
**The Government Sets the Effective Date of This Decree**
The Government determines the date on which this decree shall come into force.