The Canton of Ticino continues to mandate criminal record checks for all EU/EFTA citizens applying for residency or cross-border permits. This practice directly contradicts existing bilateral agreements with the European Union, which generally prohibit systematic background checks. Ticino's government maintains the measure is essential for public safety.
Key Takeaways
- Ticino requires criminal record checks for all EU/EFTA permit applicants.
- This policy has been in place since April 2015.
- The federal government and Brussels oppose the systematic checks.
- The canton cites serious crimes committed by previously convicted individuals as justification.
- A 2015-2016 review found 192 applicants with prior convictions, 33 of whom were denied permits for serious offenses.
Ticino's Stand on Public Safety
Since April 2015, the Ticino government has implemented a strict policy. They demand criminal record extracts from all EU/EFTA citizens seeking residence or cross-border permits. This measure was introduced by Security Director Norman Gobbi of the Lega dei Ticinesi party. It followed several serious crimes committed in Ticino by Italian citizens with previous convictions.
One notable case involved an Italian individual who shot two Turkish men in Losone, fatally wounding one. Authorities had granted this man a residence permit without knowing he had served multiple prison sentences in Italy for armed robbery. This incident highlighted a critical gap in the existing system.
Under the free movement of persons agreement, Switzerland cannot systematically check the criminal past of individuals from EU/EFTA countries. Authorities can only request criminal record extracts if there are specific suspicions that a person poses a threat to public order or security. This applies to members of organized crime, terrorists, human traffickers, drug dealers, and those who have committed serious violent crimes.
Federal Government Opposition and Ticino's Resolve
Background on Free Movement
The free movement of persons agreement aims to allow citizens of EU/EFTA countries to live and work freely within member states. A key aspect of this agreement is that systematic criminal background checks are generally not permitted. This is to prevent discrimination and ease cross-border movement, relying instead on judicial cooperation for specific cases.
Bern reacted negatively to Ticino's policy. In June 2015, State Secretary for Migration Mario Gattiker urged Director Gobbi to revoke the measure and adhere to bilateral agreements. However, Gobbi remained firm. He characterized the measure as a temporary safeguard for Ticino's population, asserting it did not restrict free movement.
Two years later, Ticino appeared to soften its stance. This was to remove an obstacle to a new cross-border tax agreement with Italy. The government announced a shift towards a system of voluntary submission of criminal record extracts. However, this alternative was never implemented. The Justice Directorate stated it proved impractical.
"It is an extraordinary measure. Requesting criminal record extracts allows us to conduct in-depth investigations and prevent the entry of foreigners with prior convictions into Switzerland, provided the legal requirements are met."
According to Director Gobbi, the measure protects all residents in Ticino, Swiss and foreign alike. The canton intends to maintain this policy until a viable alternative becomes available.
Impact and Future Outlook
The systematic checks have yielded concrete results. An evaluation covering April 2015 to March 2016 revealed that 192 individuals (1.1 percent of applicants) had prior convictions. Out of these, 33 persons had committed serious violent offenses. Ticino denied their residence or cross-border permits.
Key Statistic
- 1.1% of EU/EFTA applicants in Ticino between April 2015 and March 2016 had prior convictions.
- 33 individuals with serious violent offenses were denied permits.
Despite the federal government's concerns, Ticino's practice has not negatively impacted relations with Italy. Italy is directly affected by the measure. On a diplomatic level, no criticism has been voiced recently, according to the Justice Directorate. Italy itself does not always strictly adhere to EU regulations, for example, by not taking back Dublin cases in the asylum sector for years.
The Federal Council is currently exploring a bilateral agreement with Italy for the exchange of criminal record extracts. Parliament initiated this, concerned about the potential for organized crime to gain a stronger foothold in Switzerland. Switzerland also seeks to join "Ecris," a system linking all EU member states' criminal record databases. However, the Federal Council has emphasized that systematic querying of criminal records would still remain inadmissible even within this framework.
Two Ticino cantonal initiatives and a Swiss People's Party (SVP) parliamentary motion are still pending. These aim to thoroughly vet EU citizens before they settle in Switzerland. The impact of Ticino's measure on overall safety is difficult to quantify, as it is part of a broader series of prevention efforts.
The Broader Debate
The debate around free movement and security is not new. The case of Jacques Moretti, a Frenchman convicted in France in 2008 for promoting prostitution and kidnapping, highlights the complexity. Moretti later settled in Switzerland. Legal experts indicate it is not a simple yes or no whether Swiss authorities could have denied him a residence permit in 2015, even with knowledge of his past. Each case depends on specific circumstances, and any denial must be proportionate.
This ongoing tension between national security concerns and international agreements underscores the challenges of managing cross-border movement in a globalized world.