Facts
Spouses A. and B. as well as their children C. and D. applied for the granting of Swiss naturalization. The municipality of Weiningen invited the family to a meeting in order to get to know them and learn about their motives for naturalization. During the meeting, however, the complainants were unexpectedly subjected to an examination of their general knowledge of Swiss and local conditions. Based on the results of this examination, which were assessed as insufficient, the Weiningen Municipal Council rejected the naturalization application.
The complainants successfully filed a subsidiary constitutional appeal with the Federal Supreme Court. The court concluded that the municipality's approach violated the right to be heard under Art. 29 para. 2 of the Federal Constitution as well as the principle of good faith under Art. 5 para. 3 of the Federal Constitution.
Considerations
The Federal Supreme Court stated that the complainants could not have expected, based on the invitation letter from the municipality, to be subjected to an examination of their general knowledge already during the motivational interview. Such an examination would have required prior announcement, so that the complainants could have prepared themselves appropriately.
While it is within the discretion of the municipality to ask questions about general knowledge in the naturalization procedure, the complainants were entitled to assume, based on the early stage of the procedure and the invitation letter, that a suitability test would only take place at a later stage. Without special justification, the municipality was not…