Switzerland; Switzerland -- Politics and government -- 1815-
It is this imprescriptible feature of Swiss communal citizenship, so
deeply embedded in the public sentiment of the country and engrafted in
the organic law, that has stubbornly blocked the way to all efforts,
on the part of the United States, to negotiate with that country a
naturalization treaty. Such treaties of reciprocal naturalization
exist between the United States and all the European nations, except
the two absolute monarchies of Russia and Turkey, whereby it is
stipulated that domicile of certain duration and naturalization shall
be recognized by both parties as terminating the previous relation. To
repeated invitations from the United States to Switzerland looking to
the conclusion of a similar treaty, the same answer always came from
the Federal Council,--“The conception of the imprescriptibility of the
Swiss citizenship, closely interwoven as it is with the views of the
Swiss people, and recognized by various cantonal constitutions as a
fundamental right, would make it impossible for Switzerland to conclude
a treaty, whereby a citizen, after a longer or shorter absence, would
lose his Swiss nationality.” In fact, to accede to this request, it
would be necessary to obtain an amendment to the Swiss constitution,
asserting federal control over the question. At present there is no
Swiss citizenship except as it is derived from the Canton and Commune;
and the Confederation is powerless to deal internationally with it.
The Swiss contention that a Swiss who becomes a citizen of any other
country, without specific exemption under the law, is held to the
obligations of Swiss citizenship, does not distinctly embrace the
doctrine of return and domicile _animo manendi_ in Switzerland. The
Swiss Federal Tribunal has even asserted jurisdictional powers with
respect to Swiss naturalized and resident in a foreign country.
Public-domain text, read in full here on John Shaqi.
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