Unequal treatment of Swiss nationals with regard to family reunification should remain

Published: Friday, Nov 15th 2024, 17:10

Updated At: Friday, Nov 15th 2024, 16:10

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The discrimination against Swiss nationals with regard to family reunification from third countries established by the Federal Supreme Court in 2009 could remain in place. The responsible National Council committee has made a U-turn and, like the Council of States, no longer wants to discuss equal treatment.

However, the National Council's State Policy Committee (SPK-N) narrowly decided against the bill by 13 votes to 12, as reported by the parliamentary services on Friday. During the first consultation in June, the large chamber had approved the bill by 104 votes to 86.

However, the Council of States does not want to eliminate discrimination against nationals when it comes to family reunification from third countries. This was decided in the fall session by 27 votes to 14 with 2 abstentions. The majority believes that the impact of the corresponding amendment to the Foreign Nationals and Integration Act cannot be assessed.

This argument has now also convinced a majority of the SPK-N. It was "not possible to estimate how many additional migrants would come to Switzerland after such a change in the law", according to the communication. It could "not be ruled out that the door would be opened to uncontrolled immigration".

15 years after the Federal Supreme Court ruling

Swiss nationals are currently not treated the same as citizens of EU and EFTA member states when it comes to the immigration of parents and adult children up to the age of 21 from third countries. The bill therefore aims to amend the Foreign Nationals Act.

The bill was initiated by former Zurich SP National Councillor Angelo Barrile, based on a 2009 Federal Supreme Court ruling on the reunification of family members of EU citizens from third countries. Since then, these family members no longer have to have lived legally in an EU or EFTA member state before moving to Switzerland.

At the time, the Federal Supreme Court pointed out the discrimination against Swiss nationals with regard to family reunification resulting from this relaxation. It was the task of the legislator to eliminate this unequal treatment.

©Keystone/SDA

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