progetti
BGE 23 I 122 ΓÇó No federal jurisdiction over Heimatlosigkeit claim
BGE 23 I 122Raccolta ufficiale del Tribunale federale (DTF) / Volume I31 mag 1890Inadmissible
Paul Johannes Diehl sued the Canton of Lucerne, seeking compulsory naturalization for himself and his family on the ground that they had become stateless after loss of German nationality. The Federal Court held that the matter was not yet a justiciable dispute over statelessness, because the Federal Council must first determine whether the persons concerned are actually stateless and which canton bears the duty of naturalization. Since the claimant had not first obtained or challenged such a federal determination, the court refused to hear the case and directed him to approach the Federal Council.
Art. 49 OG; statelessness and duty of naturalization under the Federal Act of 3 December 1850 and the Swiss-German settlement treaty of 31 May 1890; admissibility of a direct action against a canton. The Federal Council has primary competence to investigate whether the persons concerned possess cantonal or foreign nationality and to take the measures required for regularization. A judicial dispute before the Federal Court arises only if the canton refuses to accept the Federal Council's determination. The claimant is not entitled to bypass this administrative sequence and sue the canton directly.