14th Migrations Right Days in Bern (30th and 31st August 2018)

von René Rey (Kommentare: 0)

written by lic. iur. Michael Schermbach

At that time, the immigration and admission criteria were quite similar to the one of nowadays. At the end of his presentation, we were especially encouraged to face the challenges of a migration society calmly. For a nation, which is "based on the integration of different cultural communities and which has declared multilingualism and cultural contact its “raison d'être” and a constitutive element of its identity" this should be easy (see also the recently published book by André Holenstein, Patrick Kury, Kristina Schulz with the title "Schweizer Migrationsgeschichte - von den Anfängen bis zur Gegenwart”, Baden 2018).

The following day, the Secretary of State from the State Secretariat for Migration (SEM) Mario Gattiker explained to us the interaction between the federal state and the cantons in matters of migration law, which was further elaborated by the professors Alberto Achermann (University of Bern) and Peter Übersax (University of Basel and Federal Court in Lausanne) with a focus on the distribution of roles, even in a historical context. Particularly mentioned was the continuously increasing centralization and concentration of responsibilities to the federal authorities, but nonetheless they pleaded in favour of maintaining the federalist system and presented some proposals for solutions pro futuro.

The first workshop we attended, moderated by Myriam Schleiss from the SEM, dealt with integration, in particular with the provisions of the new Foreign Nationals Act (which will be renamed in: Act on Foreigners and Integration), which will come into effect on 1st January 2019, with a focus on the then required language competencies. The required language proof is to be facilitated for the foreign persons in the future by a nationwide language passport to be introduced (further information under: www.fide-info.ch). This passport will inform exactly about the respective level of the language knowledge of the holding person.

In the afternoon, we received first reports from the cantons on the new Swiss citizenship act, which has been in force since 1st January 2018; presented by Barbara von Rütte from the University of Bern. According to these statements, it should be noted that in the meantime the legal bases have been adjusted in almost all cantons. The applications have been decreasing in numbers since the entry into force of the new law, both with ordinary and with simplified naturalization.

Professor Peter Übersax and his court clerk colleague Thomas Hugi Yar finally presented the latest case law in migration law of the federal court. Particularly interesting was the discussion of a new leading decision, which was also published in the press (see https://www.nzz.ch/schweiz/bundesgericht-faellt-leiturteil-zu-aufenthaltsrecht-ld.1405196 ) and which interprets the right to remain in Switzerland based on Article 8 of the ECHR newly.

lic. iur. Michael Schermbach
Attorney at Law, Sgier + Partner GmbH


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