Swiss parliament backs criminal record checks for EU citizens

The Swiss parliament has backed a proposal that would require EU/EFTA citizens to pass a criminal records check before obtaining residency in Switzerland.

Swiss parliament backs SVP criminal record proposal

Both the National Council and the Council of States have approved a Swiss People’s Party (SVP) motion that would require anyone looking to obtain a Swiss residence permit, rent an apartment or apply for certain jobs “to submit a criminal record extract from their country of origin.”

According to a parliamentary press release, the two chambers want to “keep criminals out of Switzerland”. 

The Federal Council “rejects the motion”, with Justice Minister Beat Jans expressing that Swiss authorities are already able to request criminal records of potential residents from outside of the EU (otherwise known as third-country nationals). 

If the motion were to be implemented, all EU/EFTA nationals moving to Switzerland would also need to pass a criminal record check. This decision, according to Watson, “risks a conflict with Brussels” and is a “quiet attack” on the EU’s Agreement on the Free Movement of Persons (AFMP), adds Schweiz heute. 

The SVP motion has been spurred on by two recent incidents in Switzerland. The first follows a New Year’s Eve fire in Crans-Montana, after which French bar owner Jacques Moretti was found to have a criminal record. Secondly, four people living in Graubünden were allegedly found to be tied to the Italian Mafia, continues Watson.

Motion may violate freedom of movement

The Free Movement of Persons agreement has been in place between Switzerland and the EU since 2002 and “lifts restrictions on EU citizens wishing to live or work in Switzerland”. While Brussels has yet to comment on the recent motion, the proposal could cause problems for the recently signed Bilateral Agreements.  

The motion must now be debated further in the Swiss parliament, and if successful, the Federal Council will have to draft it into legislation.