Facts
On July 9, 2003, the Federal Supreme Court declared popular votes on naturalization applications unconstitutional, as they violate the duty to provide reasons under Art. 29 para. 2 in conjunction with Art. 8 para. 2 of the Federal Constitution. Thereupon, the Cantonal Government of the Canton of Schwyz issued an ordinance on August 26, 2003, to ensure a constitutionally compliant naturalization procedure in the municipalities.
The ordinance regulates the jurisdiction and procedure for the granting of municipal citizenship. It provides that the municipal assembly shall decide on naturalization applications in an open vote. In order to fulfill the duty to provide reasons, the application of the municipal council is deemed approved if no reasoned counter-application is filed.
A. and other eligible voters filed a complaint against the ordinance with the Federal Supreme Court. They requested the annulment of the ordinance.
Considerations
The Federal Supreme Court examined whether the Cantonal Government had exceeded its powers with the ordinance. It concluded that the Cantonal Government, as the supreme executive and administrative authority of the canton, was authorized to issue an implementing ordinance to prescribe a constitutionally compliant naturalization procedure for the municipalities.
Although the ordinance contains some deviations from the…