Act on Cantonal and Municipal Citizenship (Bürgerrechtsgesetz) - Content of the Citizenship Act

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

1. The municipal citizenship is the foundation of the cantonal citizenship. It determines domicile in the sense of Article 22 of the Swiss Civil Code of December 10, 1907 (ZGB).

2. Cantonal citizenship can only be acquired by those who have been assured of municipal citizenship.

1. Acquisition and Loss of Cantonal and Municipal Citizenship by Law are governed by the Federal Act on Swiss Citizenship of June 20, 2014 (SCA), the Swiss Civil Code, and this Law.

1. The foundling shall receive the citizenship of the municipality in which it is found, provided that the mother or the parents cannot be identified.

1. Swiss citizens from other cantons and foreign nationals must submit the naturalization application to the municipal community.

2. The municipal community must inform the department about the naturalization application within 30 days.

1. Swiss citizens must demonstrate, when submitting the application for naturalization in the Canton of Solothurn, that they do not hold more than one cantonal citizenship.

2. Canton citizens must demonstrate, when submitting the application for naturalization in another Solothurn municipality, that they do not possess more than two municipal citizenships in Solothurn.

1. Spouses and individuals connected through registered partnership can be naturalized individually or jointly.

2. Naturalization generally also extends to minor children under the parental care of the applicant, but for youths over the age of 16, only if they consent to their naturalization in writing.

1. Minors over the age of 16 and persons under comprehensive guardianship can independently submit a naturalization application, with the consent of their legal representative.

2. If there are important reasons, applications will also be accepted for minors under the age of 16.

1. Individuals who have rendered exceptional service to the public may be appointed as honorary citizens with all associated rights and duties.

2. Section 6 of this law is not applicable to honorary citizenship.

1. The Re-naturalization and Facilitated Naturalization of Foreign Nationals are Governed by the Federal Nationality Act.

1. Swiss citizens can submit an application for admission to cantonal citizenship if they have had residence in the canton for two years.

1. Furthermore, Swiss citizens must demonstrate that they

a) are legally competent, or that their legal representative has agreed to the application;

b) comply with the Swiss legal system;

c) fulfill their financial obligations.

1. The cantonal citizenship for Swiss citizens is granted by the Department.

1. Foreign nationals may apply for admission to cantonal citizenship if they have had residence (main domicile) in the canton for at least four years, of which two years must be immediately prior to the application submission.

2. For the four-year period, the time during which the applicant lived in the canton between the ages of 8 and 18 is counted as double.

3. If the applicant has entered into a registered partnership with a Swiss citizen, they must demonstrate at the time of application that they

a) have had residence in the Canton of Solothurn for a total of two years, of which at least one year was prior to the application submission; and

b) have lived in a registered partnership with this person for three years.

3bis The shorter period according to Paragraph 3, letter a, also applies if one of the partners acquires Swiss citizenship after the registration of the partnership through re-naturalization or facilitated naturalization due to descent from a Swiss parent.

4. Residence in Switzerland is considered abandoned upon departure abroad if the foreign national deregisters with the competent authority or actually resides abroad for more than six months. However, a stay abroad or in another canton for a maximum of one year on behalf of the employer or for educational or training purposes with the intent to return does not interrupt the residence.

1. Furthermore, foreign nationals must demonstrate that they

a) have the capacity to act or that legal representation has consented to the application;

b) respect the Swiss legal order;

c) fulfill their financial obligations;

d) possess sufficient language skills for communication with authorities, fellow citizens, and compatriots;

e) know and understand the rights and obligations associated with citizenship;

f)* are familiar with local customs and have a residence permit;

g)* participate in economic life or in the pursuit of education; and

h)* support and promote the integration of their spouse, registered partner, or minor children under parental care.

2. Adequate consideration shall be given to the situation of persons who, due to a disability or illness or other significant circumstances, cannot or can only with difficulty meet the criteria according to paragraph 1, letters d, e, and g.

1. Foreign nationals applying for citizenship must attend a new citizen course lasting at least twelve hours as a prerequisite for admission to citizenship, which can be completed with a successfully passed competency assessment.

2. The course imparts the fundamental values and rights applicable in Switzerland, the democratic constitutional order, as well as the economic, cultural, and political features of Switzerland, the canton, and the municipalities.

3. The department may exempt individuals from attending the new citizen course if the required knowledge can be demonstrated in another manner.

4. The canton may support new citizen courses and other civic courses with contributions.

1. The cantonal citizenship for foreign nationals is granted by the Government Council.

2. The Government Council decides upon the request of the Citizenship Expert Commission.

3. The Citizenship Expert Commission consists of seven members who are not officials or employees of the cantonal administration. It is elected by the Government Council and constitutes itself independently.

1. Whoever obtains the cantonal citizenship is required to pay a fee that covers the procedural costs. The amount of the fee is determined by the Cantonal Council in the fee schedule.

1. Anyone who has resided in the municipality for two years may submit an application for naturalization, provided that the federal and cantonal requirements for naturalization are met.

1. The municipal communities are obligated to grant or assure municipal citizenship to applicants if they meet the admission requirements and are

a) Swiss nationals who have lived continuously in the municipality for the last ten years;

b) Foreign nationals who have lived continuously in the municipality for the last ten years, have attended schools predominantly in Switzerland, and have submitted the application before reaching the age of 22.

1. The citizens' municipality shall designate in a legislative regulation the municipal assembly or the municipal council as the body responsible for granting municipal citizenship to cantonal citizens and its assurance to out-of-canton Swiss nationals and foreign nationals.

1. For the granting or assurance of municipal citizenship, the civic community may levy a fee in a regulatory ordinance, which covers the procedural costs.

1. Non-citizens from other cantons in Switzerland as well as foreign nationals acquire municipal citizenship only after they have been granted cantonal citizenship.

1. Canton citizens shall be released from canton citizenship upon request by the competent department, if they provide proof of obtaining another canton citizenship.

2. With the release from canton citizenship, the Solothurn municipal citizenship rights also lapse.

1. The municipal council shall release applicants from citizenship if they hold the citizenship of another municipality.

2. Persons receiving public assistance, who hold multiple citizenships, may only be released from the citizenship of the municipality if the other municipal communities consent.

1. The provisions of § 7 of this Act apply mutatis mutandis to spouses, registered partners, children, and adolescents.

1. A person who is released from cantonal citizenship must pay a fee that covers the procedural costs. The amount of the fee is determined by the Cantonal Council in the fee schedule.

2. For the release from municipal citizenship, the citizens' community may impose a fee that covers the procedural costs in a legislative regulation.

3. The delivery of the certificate of release must not be made dependent on the payment of the fee.

1. When it is in question whether a person possesses the cantonal or municipal citizenship, the government council decides.

1. Denials of naturalization applications must be substantiated.

2. The substantiation must be specified in the application for denial.

3. If a request for assurance is made, eligible voters must indicate the reasons for rejecting the naturalization application.

1. Decisions of the municipal or unitary authority can be appealed to the department within 10 days.

2. Decisions of the department can be appealed to the administrative court within 10 days.

3. Resolutions of the government council can be contested by complaint to the administrative court within 10 days. The review authority of the administrative court regarding resolutions of the government council is limited to the examination of unlawfulness and arbitrariness.

1. The municipalities accept new male and female citizens, as well as young male and female citizens who attain voting and election rights, as voters with an oath.

2. They may provide for a special event for this purpose.

3. Participation in the oath-taking or the special event is voluntary.

1. The protection of privacy is governed by the Information and Data Protection Act.

2. The following data must be disclosed to the eligible voters

a) Nationality;

b)* Duration of residence;

c) Information necessary to assess the naturalization requirements, particularly integration into Swiss conditions.

3. The government council may regulate the details in the ordinance.

1. Citizenship applications pending at the time this law comes into force shall be assessed according to the law most favorable to the applicants.

1. All provisions that contradict this law are hereby repealed, in particular

a) the Law on the Acquisition and Loss of Cantonal Citizenship of September 27, 1959;[6]

b) § 108 of the Law on the Introduction of the Swiss Civil Code of April 4, 1954;[7]

c) the Cantonal Council Resolution on the Requirement for the Submission of a Certificate of Release from the Previous Home State of December 1, 1938.[8]

2. The amendments have been updated in the corresponding enactment.

1. This law is subject to a mandatory referendum. The government council shall regulate its entry into force.

2. As long as Article 76, Paragraph 1, Letter c of the Cantonal Constitution remains in effect, Section 16 of this law shall not enter into force.

3. The government council issues the necessary implementation provisions. It particularly regulates the responsibilities for the execution of the Federal Citizenship Act.

1. Citizenship applications pending at the time of this partial revision's entry into force shall be assessed according to the law most favorable to the applicants.

1. The amendments have been incorporated into the respective decrees.

1. Applications submitted before the entry into force of this Act shall be processed according to the provisions of the previous law until a decision is made on the application.