Hitherto the subject has been regulated only by cantonal laws. This law, by
providing a definite and uniform mode for the renunciation of Swiss
citizenship, will tend to put an end to what has seemed to me a great
injustice sometimes practiced by Swiss communes toward citizens of the
United States of Swiss origin. This has consisted in refusing to put them in
possession of property inherited or belonging to them here, on the ground
that they were still Swiss citizens, and had acquired a foreign citizenship
in contravention of some cantonal or communal ordinance.
The law will go into effect on the 21st of November next, unless a demand is
made for its submission to the popular vote, which is not probable.
[Inclosure.—Translation.]
Federal law concerning the acquisition and the
renunciation of Swiss citizenship, enacted July 3, 1876.
The Swiss federal assembly, in execution of article 44 of the federal
constitution, and in consideration of a message from the federal
council, dated June 2, 1876, decrees:
i.—of swiss naturalization.
Article 1. A foreigner who wishes to acquire
Swiss citizenship has, for that purpose, to apply to the federal council
for authorization to be received as a citizen of a canton or of a
commune. The authorization of the federal council must be also demanded,
through the cantonal government, in case of a naturalization accorded
gratuitously to a foreigner.
Article 2. The federal council will give the
authorization only to foreigners (1) that have had their ordinary
domiciles in Switzerland during the two preceding years; (2) whose
relations to their native country are such that there is no reason to
apprehend that their admission to Swiss citizenship would involve any
prejudice to the Swiss Confederation.
Article 3. The naturalization extends to the
wife and to the minor children of the applicant, in so far as no formal
exceptions are made in regard to the latter, in view of article 2,
paragraph 2.
Article 4. The grant of a cantonal or communal
naturalization without the previous approval of federal council is void.
On the other hand, Swiss citizenship is only acquired when the
authorization of the federal council is followed by the cantonal or
communal naturalization according to the laws of a canton. The
authorization from [Page 568] the federal
council becomes void if within two years from the date of its issue no
use has been made of it.
Article 5. Persons who, in addition to Swiss
citizenship, are citizens of a foreign country are not entitled to the
privileges and the protection accorded to Swiss citizens during their
residence in such foreign state.
ii.—renunciation of swiss
citizenship.
Article 6. A swiss citizen may renounce his
citizenship if (a) he has no domicile within
Switzerland; (b) he is enjoying fully all civil rights according to the
laws of the country where he resides; (c) he has already acquired
citizenship in another country or the assurance of its being granted for
himself, his wife, and minor children, in accordance with the last
paragraph of article 8.
Article 7. The declaration of renunciation is
to be submitted in writing and accompanied by the required statements to
the cantonal government, which will notify the respective communal
authorities, in order to inform such parties as are interested, and a
term of four weeks is fixed for presenting objections. The federal
tribunal, according to articles 61–63 of the law in regard to the
organization of the federal judiciary administration of 27th June, 1874,
will decide in such cases where the right of renunciation is objected
to.
Article 8. If the conditions prescribed in
article 6 are fulfilled, and if no objections have been presented, or
the protests made have been judicially overruled, then the authorities
authorized for that purpose by cantonal law will pronounce the discharge
from the cantonal and communal citizenship. This discharge includes the
forfeiture of Swiss citizenship, and enters into effect from the date of
its issue and delivery to the applicant. It also extends to the wife and
minor children when they are domiciled or living together, and if no
special exceptions were made in regard to them.
Article 9. The widow or the divorced wife of a
Swiss citizen who has renounced his nationality, and such children of a
former Swiss citizen as were minors at the time of such renunciation,
may request from the federal council to be re-admitted as Swiss
citizens. This privilege, however, becomes void for the children at the
expiration of ten years after their attaining majority; for the widow or
divorced wife ten years after the dissolution of the marriage.
The federal council will accord the re-admission if the conditions are
fulfilled which are prescribed for naturalization by article 2, page 2,
of this law, and if the applicants reside in Switzerland.
The re-admission to Swiss citizenship will enter into effect from the
date and issue of the respective document; and the former cantonal or
communal citizenship is lawfully re-acquired by it.
The cantonal legislatures can facilitate the re-admission, however, only
under the provisions of article 2, page 2, of this law.
iii.—final dispositions.
Article 10. All provisions of federal or
cantonal legislation conflicting with this law are abrogated.
The federal council, in accordance with the provisions of the federal law
of June 17, 1874, concerning the popular vote on federal laws and
decrees, is charged with the publication of this law and with the
promulgation of its entry into force. * * *
