Federal court tough
40 km/h too fast – Frenchman not naturalised
A Frenchman who has lived in Switzerland for 40 years does not get a Swiss passport. The reason: instead of 80 km/h, the Frenchman drove past a construction site at 120 km/h. Now it is said that he was “not successfully integrated”.
The Federal Administrative Court made a tough decision on the naturalization of a French citizen.
A Frenchman who has lived in Switzerland for around 40 years and owns various luxury hotels and private clinics here will not be naturalised. Because the man drove through a construction site in 2017 at a speed of 80 instead of the signaled 40 kilometers per hour, the federal government was allowed to reject his request. This was decided by the Federal Administrative Court in St. Gallen.
The man is socially integrated in Switzerland, a successful businessman and has a three-digit million fortune. Nevertheless, the State Secretariat for Migration (SEM) was allowed to reject his application for naturalization made in 2018.
The Federal Administrative Court came to this conclusion in a judgment published on Thursday. Because according to the Civil Rights Ordinance, anyone who has a sentence like the Frenchman in his criminal record is considered “not successfully integrated”.
In July 2017, the Geneva public prosecutor sentenced him to a conditional fine of 90 daily rates of CHF 30 with a probationary period of three years. He also had to pay a fine of 540 francs.
Frenchman could not appeal the 2017 verdict
The astonishingly low daily rate of the fine, which is based on a person’s income and assets, was not the subject of the present proceedings. The Federal Administrative Court did not go any further into the Frenchman’s argument that he could not contest the penalty order because it had not been sent to his home.
Rather, the judges stated that the civil rights ordinance or a manual based on it provides that civil rights cannot be granted as long as the probationary period has not expired and a subsequent waiting period of three years. This means that the French can submit a new application for naturalization in June. (jwg/SDA)