The European system of returns
“Habilitation” project
Sarah Progin-Theuerkauf

Sarah Progin-Theuerkauf’s “habilitation” project analyses the European system of returns introduced by the “Return” Directive (2008/115/CE) and its practical application, in the light of ECJ jurisprudence. In particular, the compatibility of the Directive’s regime with international law and human rights will be examined. As Switzerland is also implicated in the Directive thanks to its participation in the Schengen system, the Directive’s application in Switzerland will also be studied — in particular, level IV returns, whose compatibility with the principle of proportionality is disputed. The final monograph will undertake an exhaustive survey of the jurisprudence and literature created since 2008.

Admitting highly-qualified workers in the EU and Switzerland - An analysis of the Blue Card Directive and the Swiss Foreign Nationals Act
Thesis project (finished 2016)
Samah Posse-Ousmane

This thesis project aims to analyse the systems implemented to attract highly-qualified workers from non-EU countries, firstly at an EU level, according to Directive 2009/50/CE of the Council of the 25 May 2009 (the Blue Card Directive), and secondly in Switzerland, by considering the relevant measures contained in the Federal Foreign Nationals Act, introduced 16 December 2005 (LEtr).
The investigations focus not only the conditions of entry, the status awarded and the period of validity, but also on central questions such as the movement of highly-qualified workers and the issue of ethical recruitment. The investigations seek to uncover the strengths and weaknesses of both systems — that is, EU and Swiss.
 

The emergence of a European Law on Foreign Nationals
NCCR project
Sarah Progin-Theuerkauf
Margarite Zoeteweij
Teresia Gordzielik

The project’s aim is to analyse eight pieces of European legislation relating to the management of legal immigration from non-EU countries to the EU since 2013. Examples include the Directive on long-term residents, the Blue Card Directive, the Directive on family reunion for non-EU migrants and the Directive on researchers. These legal acts will be examined according to their aims, structure, interaction with other legislation and their practical application. In addition, their implications for Switzerland will be outlined: they will serve as sources of inspiration, or even become the objects of bilateral agreements. Furthermore, a comparison with Swiss legislation will allow us to identify whether “pull factors” are at issue.

Recognising civil status in European and Swiss migration law
Thesis project 
David De Groot

For the state, civil status can be defined as the legal personality of a physical person, on the basis of his or her life experience. Thanks to the rights conferred by free movement, some “family members” are privileged when it comes to rights of entry and residence in the host country. However, it isn’t always certain that a European host country will consider such individuals as family members if their civil status does not exist in the host country.
Since the 1990s, we have seen the creation of new civil statuses linked to “new” forms of family. In addition, the creation of EU citizenship has resulted in jurisprudence regarding the recognition of certain civil statuses. This jurisprudence has, in turn, influenced the discussion of the existing civil statuses. Such questions are raised, for example, by gay marriage, civil partnerships and cohabitation, which, while increasingly recognised by some states, are not recognised by all EU countries. It remains to be seen whether the EU Court of Justice or the European Court of Human Rights will tolerate such non-recognition, as this could be seen as a violation of the right to a family life. Meanwhile, other international organisations such as the International Commission on Civil Status and the Hague Convention on international private law have put forward agreements designed to resolve problems related to the recognition of civil status. Only a small number of countries have signed these agreements; the question of non-recognition of civil status remains unanswered, not only in the EU but also in Switzerland.

The guarantees of human rights in citizenship law
Thesis project 
Barbara von Rütte

The thesis examines citizenship from a human rights perspective. The international legal principle by which nationality falls within the jurisdiction of individual states is no longer sustainable in this absolute form. Numerous international legal instruments and regulations limit states’ leeway in decisions on the conferring and withdrawal of nationality. But what are the limits placed on the state’s actions from a human rights perspective? The thesis addresses this question, systematically aiming to identify the guarantees provided by human rights from which flow the rules governing the conferring and withdrawal of nationality. It also aims to define that which is included by the right to nationality, as enshrined in international law, and what concrete individual legal claims can be derived from it. Finally, this thesis examines the extent to which approaches informed by human rights offer a basis for the emergence of a right to acquire a particular nationality.

Schengen Visa Policy - Human Rights Perspective
Thesis project
Marek Wieruszewski

This thesis project aims to study the compatibility of the Schengen Zone common visa policy and the obligations which flow from human rights. The study takes account of the origins of the common visa policy, its development from the Schengen Agreement to the Lisbon Treaty, and the system’s planned reforms. 
Particular attention is paid to Swiss participation in European cooperation on visa policy. The visa is used as a means of controlling migration, and thus as a bulwark against undesirable immigration. Alongside other measures, it also prevents access to the asylum process. The thesis aims to answer the following question: to what extent do EU member states have the right to pursue their own goals in terms of security policy without violating human rights?

From "Traditional" to "New" Migration: Challenges to the International Legal Migration Regime
NCCR project
Alberto Achermann
Walter Kälin
Jörg Künzli
David De Groot
Barbara von Rütte
Marek Wieruszewski

In traditional international law, a fundamental aspect of state sovereignty is the ability to control who enters the jurisdiction, and how long they can stay. According to this classical conception, immigration is seen as a policy area to be governed by the nation state: it is not so much an international issue as an issue for the immigration service. This conception is paradoxical insofar as cross-border migration involves at least one individual and two states (the country of origin and the host country). This implies the necessity of agreement between the two states involved. Consequently, such an agreement could be reached within the international community. That only nation states should be taken into account by the classical definition of immigration law is yet more paradoxical if we consider contemporary immigration, the “new” immigration. Like traditional or “previous” forms of immigration, nor can the “new” immigration be controlled by one state alone.

Legal Pluralism and Efficiency in International Marriage Law
Thesis project
Rorick Tovar

This project addresses questions of international private law in relation to the choice of legal system in international marriages, analysing the law from an economic viewpoint.

State immunity in national civil tribunals in the case of demands for damages by victims of torture
Thesis project
Martin Hemmi

In his thesis, Martin Hemmi addresses the issue of demands for damages by victims of torture, where a tribunal may not rule due to so-called state immunity. As a result, victims of torture can rarely receive damages for the torture and suffering they have undergone. From the perspective of migration law, the victim’s nationality is particularly relevant in dealing with this issue. Effectively, it determines whether it is possible to undertake conciliation between states, or to bring a case against the state in another international forum.

Security in the politics and law of asylum in Switzerland: the process of "securitisation" and the tension between national sovereignty and human rights
Thesis project
Robin Stünzi

This thesis project aims to analyse the creation of a link between the issues of security and asylum in the Swiss context, based on the developing legal and political asylum framework.

Asylum-related social assistance to people in Switzerland - between migration management and human dignity
Thesis project 
Teresia Gordzielik

The law relating to social assistance for those in the asylum-seeking process continues to be subjected to more and more restrictions, and an increasingly efficient migration policy which aims to manage immigration. The cost of welcoming asylum-seekers is often discussed in relation to changes which might, at first blush, seem logical, but which pose questions on closer inspection of the legal framework: can, or should, an area of law shaped by sociopolitical principles become the object of considerations on migration policy? What are the effects and consequences of the social law clauses concerning migrants in a democratic and social state, both on the ground and in legal terms? What are their limits? In her thesis, Teresia Gordzielik aims to answer these questions and introduce new thinking to the discussion of current or potential migration management, from a social law perspective.

The role of Country of Origin Information (COI) in European asylum processes
Thesis project 
Damian Rosset

Over the last decade, innovations toward the implementation of a European asylum system have led to the professionalisation and homogenisation of COI acquisition and use across various European states. Nonetheless, considerable differences persist. By comparing Switzerland, Norway and France, aims to evidence these differences in the existing structures of information-gathering, in terms of the practice of gathering this information as well as its passage through the asylum process.

The role of non-state actors in the field of migration
Thesis project 
Camilla Alberti

This project seeks to understand these actors’ impact on the development, practices and representations of the Swiss asylum framework. In general, it aims to question and deconstruct the conventional boundaries between “state/non-state”, “public/private” or “controlling/assisting migration”.

The importance of the idea of integration in the cas de rigueur process
Thesis project
Didier Leyvraz

The cas de rigueur refers to a regulatory mechanism, as outlined by the Swiss laws on asylum and foreign nationals, relating to individuals who are in Switzerland illegally. In particular, this project aims to study the importance of the idea of integration in this procedure, and the weight in different cantons’ decision-making processes of the various criteria set by Federal law.

Living in asylum in Switzerland: asylum requests and lived experiences of the administrative process
Thesis project
Raphaël Rey

In his dissertation, Raphaël Rey documents the lived experiences, constraints, practices and representations of asylum-seekers in Switzerland.
Based on ethnographic analysis of different “bureaucratic pathways”, his research considers the processes of categorisation and people-management techniques from a situated perspective — that is, rooted in people’s experience and everyday situations. This study also examines the practices of re-appropriation, negotiation, evasion and resistance to the system of governance with which asylum-seekers are confronted, as these develop in relation to different actors within the process. By reviewing asylum-seekers’ testimonials and daily experiences of the process, this study seeks to understand how the Swiss political, legal and administrative asylum frameworks impact on asylum-seekers’ practices and manifest in the reasoning behind their actions, as these frameworks are negotiated, evaded and overcome.

Asylum-related social assistance to people in Switzerland - between migration management and human dignity
Thesis project 
Teresia Gordzielik

The law relating to social assistance for those in the asylum-seeking process continues to be subjected to more and more restrictions, and an increasingly efficient migration policy which aims to manage immigration. The cost of welcoming asylum-seekers is often discussed in relation to changes which might, at first blush, seem logical, but which pose questions on closer inspection of the legal framework: can, or should, an area of law shaped by sociopolitical principles become the object of considerations on migration policy? What are the effects and consequences of the social law clauses concerning migrants in a democratic and social state, both on the ground and in legal terms? What are their limits? In her thesis, Teresia Gordzielik aims to answer these questions and introduce new thinking to the discussion of current or potential migration management, from a social law perspective.

The legal situation of religious minorities in the context of Swiss federalism. Freedom of religion and the banning of religious discrimination. Foundations, consequences and perspectives
Thesis project (finished 2015)
Stefanie Kurt

Migratory movement is one of the factors changing the religious landscape of Switzerland. These changes constitute a new challenge for the fundamental rights of freedom of religion, and for the banning of religious discrimination at a legal level. Here, questions of interpretation, national cohesion and national identity play an important role. Stefanie Kurt’s thesis project examines these areas of tension and shows to what extent the debate on integration influences these fundamental rights at national and cantonal levels, and the effects of current practice on the treatment of religious minorities.

Recognising civil status in European and Swiss migration law
Thesis project 
David De Groot

For the state, civil status can be defined as the legal personality of a physical person, on the basis of his or her life experience. Thanks to the rights conferred by free movement, some “family members” are privileged when it comes to rights of entry and residence in the host country. However, it isn’t always certain that a European host country will consider such individuals as family members if their civil status does not exist in the host country.
Since the 1990s, we have seen the creation of new civil statuses linked to “new” forms of family. In addition, the creation of EU citizenship has resulted in jurisprudence regarding the recognition of certain civil statuses. This jurisprudence has, in turn, influenced the discussion of the existing civil statuses. Such questions are raised, for example, by gay marriage, civil partnerships and cohabitation, which, while increasingly recognised by some states, are not recognised by all EU countries. It remains to be seen whether the EU Court of Justice or the European Court of Human Rights will tolerate such non-recognition, as this could be seen as a violation of the right to a family life. Meanwhile, other international organisations such as the International Commission on Civil Status and the Hague Convention on international private law have put forward agreements designed to resolve problems related to the recognition of civil status. Only a small number of countries have signed these agreements; the question of non-recognition of civil status remains unanswered, not only in the EU but also in Switzerland.

The guarantees of human rights in citizenship law
Thesis project 
Barbara von Rütte

The thesis examines citizenship from a human rights perspective. The international legal principle by which nationality falls within the jurisdiction of individual states is no longer sustainable in this absolute form. Numerous international legal instruments and regulations limit states’ leeway in decisions on the conferring and withdrawal of nationality. But what are the limits placed on the state’s actions from a human rights perspective? The thesis addresses this question, systematically aiming to identify the guarantees provided by human rights from which flow the rules governing the conferring and withdrawal of nationality. It also aims to define that which is included by the right to nationality, as enshrined in international law, and what concrete individual legal claims can be derived from it. Finally, this thesis examines the extent to which approaches informed by human rights offer a basis for the emergence of a right to acquire a particular nationality.

The Law and Economics of Migration
NCCR project
Alberto Achermann
Philip Hanke
Rorick Tovar

Immigration in Switzerland (and elsewhere) is regulated by highly detailed laws. There are few politicians who doubt that immigration is a phenomenon which can be shaped, managed and influenced as the state desires. In the context of the discussion of “new” characteristics, one aspect must be highlighted: political discourse, in its rhetoric and means, tends to forget and neglect those most affected by the results of immigration policy, the migrants themselves. The vocabulary of managing and governing immigration, of the gaining and draining of skills, of the push and pull factors, of movements and dynamics and waves of immigration all tends to reduce immigrants to mere objects. It does so not with a specific aim, but simply by virtue of the forces of attraction and repulsion in their environment. Additionally, the federal Foreign Nationals Act itself, in asserting that immigration to Switzerland should serve “the interests of the economy”, underlines this habit to replace the perspective of the individual with a holistic concept.

Migration as a right of disposition: an attempt to apply an economic analysis of the law to migration law, in the case of Switzerland
Thesis project (finished 2015)
Stefan Schlegel

The theory of the rights of disposition is a central aspect of the economic analysis of the law. According to this theory, the legal system’s primary responsibility is to attribute rights of disposition over valuable objects to one or another party, and to facilitate the transaction of such rights for these objects. Stefan Schlegel’s thesis shows that the ability to decide on the international movement of individuals is a right of disposition relating to the “valuable object” of movement between states. The assignment of these rights of disposition to the country of origin, the migrants themselves, or even the host country, can, with input from migration law, be the object of economic analysis. Individuals’ desire to work depends strongly on whether or not they can decide where to offer their skills. In addition, one can also conduct an economic analysis of the transfer of rights of disposition over migration when other potential beneficiaries of these rights could derive greater advantages from them.
The aim is to study, by applying the general rules of the attribution and transferability of rights of disposition, the extent to which migration law grants rights of disposition over migration, tending to internalise externalities and increase society’s general output, and whether there are alternative means of granting these rights which go further towards meeting this aim.

Multilayered Governance: Gains for International Migration Law and Policy?
NCCR Project
Marion Panizzon
Philip Hanke

Multilayered governance emerges from EU law, and, in particular, the principle of subsidiarity. Nonetheless, it has been applied very little within international migration law, even though this latter involves interaction between different levels, be it horizontal interaction, between the law on asylum and foreign nationals, commercial law, environmental protection and the migration of workers, or vertical interaction, with the liberalisation of borders and markets by way of international agreements, EU directives, regional consultation processes or bilateral agreements on labour and readmission. Such fragmentation between different levels requires coordination strategies between migrants, host countries and countries of origin, in order to avoid breaches of human rights and democratic controls. This project focuses on international migration law as an arena in which the multilayered system can apply, and offers specific recommendations on how to guarantee greater coherence between different levels, such as the interfaces which might improve the structure of the “migration/mobility nexus”.
This research highlights the global governance of migration and, in this sense, the institutional questions of the authority and universality of the UN system, IOM integration, and the disharmony between the IOM and the UNHCR when it comes to the question of repatriation. With the bolstering of the EU’s role, and the widening of its jurisdiction on migratory matters (Schengen visas, FRONTEX, exchange partnerships), supranational regulations are of equal interest. Finally, the bilateral level has become more efficient as a result of emerging, second-generation migration agreements, which often display a higher degree of complexity than agreements on worker recruitment and labour, insofar as they cover questions relating to repatriation and border security, as well as the regulation of training and circular migration. The proliferation of bilateral, regional and multilateral agreements in the field of migration represents an even greater distribution of responsibility. The ability to change national laws and regulations on migration is particularly significant, in that it allows bilateral regulation of that which national laws define as irregular status. The obligation to readmit people from non-EU countries can also be introduced bilaterally, before later regionalisation, and application to all 27 EU member states.
What are the tasks of multilayered systems? What are the gains and losses in effectiveness, in particular when it comes to legitimacy? Do these systems serve to distribute responsibility more evenly, or lead to fragmentation of the legal system and a loss of coherence, especially in terms of protecting human rights and democratic control? Were different levels encouraged to be more permeable, exchanges between them might permit clarification of these issues and the allocation of resources — respectively, greater efficiency thanks to the definition of the most relevant level for a particular area of regulation, or, where several levels constitute a sole legal area, better mutual control, and thus better guarantees for the rule of law. Is it profitable and efficient to integrate issues such as residence permits, visas, and return clauses in free trade agreements? Should free trade agreements be prerequisites of global migration agreements, and oblige admission? And finally, can regional migration agreements, such as the EU’s exchange partnerships, replace bilateral agreements?

Migration of labour in multilayered governance
“Habilitation” project
Marion Panizzon

The 2011-2014 phase of this project was funded by the SNSF; it will be concluded as part of “NCCR on the move”. It raises the question of the feasibility of fragmentation in migration law, starting from the basis that migration of labour is now already liberalised at various levels: both at the multilateral level of the WTO’s GATS, and the bilateral level of agreements. These agreements increasingly constitute a corrective level, effectively derogating from the stricter criteria of national laws such as economic necessity tests and the certification of language skills, even when these are tied to strict criteria for return. This study aims to uncover the ex post facto corrective function and ex ante anticipatory function of these agreements, to see at which level (higher/lower) the most efficient solution can be found. The ultimate goal is to identify how these levels interact, according to “lex specialis”, subsidiarity or other criteria. The cases analysed will be Switzerland (Foreign Nationals Act, GATS obligations) and France (bilateral agreements with West and North African Countries). This “habilitation” thesis contributes to the systematisation of the function, legitimacy and effectiveness of the governance of law, to establish how different socio-territorial levels communicate, and how to guarantee coherence and reduce fragmentation.

Admitting highly-qualified workers in the EU and Switzerland - An analysis of the Blue Card Directive and the Swiss Foreign Nationals Act
Thesis project (finished 2016)
Samah Posse-Ousmane

This thesis project aims to analyse the systems implemented to attract highly-qualified workers from non-EU countries, firstly at an EU level, according to Directive 2009/50/CE of the Council of the 25 May 2009 (the Blue Card Directive), and secondly in Switzerland, by considering the relevant measures contained in the Federal Foreign Nationals Act, introduced 16 December 2005 (LEtr).
The investigations focus not only the conditions of entry, the status awarded and the period of validity, but also on central questions such as the movement of highly-qualified workers and the issue of ethical recruitment. The investigations seek to uncover the strengths and weaknesses of both systems — that is, EU and Swiss.

 

Security in the politics and law of asylum in Switzerland: the process of "securitisation" and the tension between national sovereignty and human rights
Thesis project
Robin Stünzi

This thesis project aims to analyse the creation of a link between the issues of security and asylum in the Swiss context, based on the developing legal and political asylum framework.

The Swiss policy of exclusion: a disciplinary apparatus for managing undesirable foreign nationals?
Thesis project
Clément de Senarclens

This research considers the “Swiss policy of exclusion,” defined by the totality of policies targeted at foreign nationals whose presence in Switzerland is considered undesirable. The work examines the issue of migration controls, not in the sense of issues relating to external border controls, but in terms of measures like administrative detention and repatriation, which are aimed at categories of foreigner such as asylum-seekers or those whose presence in the country is unlawful. This particular study objective is examined in three stages. First, how are these policies problematised and justified by government? Second, how are they applied? And third, what are their implications? While these legislative measures are central to the analysis, the study initially considers the process leading to their creation and the manner in which they are applied. It should also be noted that the analysis is conducted from a historical perspective, spanning from the introduction of the federal system for controlling migration in the 1920s to the present day.

From "Traditional" to "New" Migration: Challenges to the International Legal Migration Regime
NCCR project
Alberto Achermann
Walter Kälin
Jörg Künzli
David De Groot
Barbara von Rütte
Marek Wieruszewski

In traditional international law, a fundamental aspect of state sovereignty is the ability to control who enters the jurisdiction, and how long they can stay. According to this classical conception, immigration is seen as a policy area to be governed by the nation state: it is not so much an international issue as an issue for the immigration service. This conception is paradoxical insofar as cross-border migration involves at least one individual and two states (the country of origin and the host country). This implies the necessity of agreement between the two states involved. Consequently, such an agreement could be reached within the international community. That only nation states should be taken into account by the classical definition of immigration law is yet more paradoxical if we consider contemporary immigration, the “new” immigration. Like traditional or “previous” forms of immigration, nor can the “new” immigration be controlled by one state alone.

Recognising civil status in European and Swiss migration law
Thesis project 
David De Groot

For the state, civil status can be defined as the legal personality of a physical person, on the basis of his or her life experience. Thanks to the rights conferred by free movement, some “family members” are privileged when it comes to rights of entry and residence in the host country. However, it isn’t always certain that a European host country will consider such individuals as family members if their civil status does not exist in the host country.
Since the 1990s, we have seen the creation of new civil statuses linked to “new” forms of family. In addition, the creation of EU citizenship has resulted in jurisprudence regarding the recognition of certain civil statuses. This jurisprudence has, in turn, influenced the discussion of the existing civil statuses. Such questions are raised, for example, by gay marriage, civil partnerships and cohabitation, which, while increasingly recognised by some states, are not recognised by all EU countries. It remains to be seen whether the EU Court of Justice or the European Court of Human Rights will tolerate such non-recognition, as this could be seen as a violation of the right to a family life. Meanwhile, other international organisations such as the International Commission on Civil Status and the Hague Convention on international private law have put forward agreements designed to resolve problems related to the recognition of civil status. Only a small number of countries have signed these agreements; the question of non-recognition of civil status remains unanswered, not only in the EU but also in Switzerland.

Migration and security in Switzerland: Evolution and present status of its link in politics and law
SNSF project (2013/14)
Christin Achermann
Clément de Senarclens
Robin Stünzi

One of the central functions of the state is ensuring the security of the citizen, and of the apparatus of the state. Where a societal phenomenon is linked to questions of security, in discourse or practice, it acquires political weight and greater legitimacy. In Switzerland, the link between migration policy and security has yet to be analysed systematically.
This study aims to analyse the coupling of migration with security issues in Swiss migration policy, and in migration law from the beginning of the twentieth century. The first analyses show that references to security issues play a central role in the creation and revision of the three central legal texts which regulate the admission and conditions of residence and leave to remain of foreign nationals in Switzerland. Over the course of the twentieth century, the categories of immigrant seen as dangerous and the safety measures proposed were subject to continual change.
On one hand, the study seeks to explain how security is used to legitimise various processes of societal exclusion; on the other hand, it aims to situate Switzerland within the context of international migration policy, and contribute to the understanding of the way in which migration and security have come to be linked.

Schengen Visa Policy - Human Rights Perspective
Thesis project
Marek Wieruszewski

This thesis project aims to study the compatibility of the Schengen Zone common visa policy and the obligations which flow from human rights. The study takes account of the origins of the common visa policy, its development from the Schengen Agreement to the Lisbon Treaty, and the system’s planned reforms. 
Particular attention is paid to Swiss participation in European cooperation on visa policy. The visa is used as a means of controlling migration, and thus as a bulwark against undesirable immigration. Alongside other measures, it also prevents access to the asylum process. The thesis aims to answer the following question: to what extent do EU member states have the right to pursue their own goals in terms of security policy without violating human rights?

Immigrants’ trajectories of integration, between indeterminate (legislative) criteria and uncertain life courses: Analysis of legal cases
SNSF project (2013 - 2016)
Pascal Mahon
Tania Zittoun
Flora Di Donato
Anne Lavanchy

The project investigates — from a “top down” perspective on the one hand — the notion of the integration of candidates for naturalisation or permit renewal, as conceived by legislators in the Nationality Law (LN) as well as the Foreign Nationals Act (LEtr), and interpreted by the courts and administrations charged with its implementation, in contrast with — from a “bottom up” point of view — the daily reality of integration as experienced by the people themselves. The project is based on a documented study of cases which are approached from the perspective of — and with the active participation of — the protagonists (successful or unsuccessful naturalisation candidates; individuals granted or denied permits to remain or reside; officials charged with making these decisions, etc.), “actors” in the so-called “integration” process.

Study: "Admission system for individuals occupying religious leadership roles - an exploratory study"
ODM research project (2012 - 2013)
Alberto Achermann
Christin Achermann
Joanna Menet
David Mühlemann

Those occupying roles of religious leadership can play an important part in the integration process. But who are the people who act as preachers or spiritual guide within religious communities in Switzerland? What is their residence status? How did they arrive in Switzerland? What are their personal and professional qualifications? What functions do they occupy within different religious communities? In what ways are they confronted by the challenges of integration?
This study paints an equally interesting and detailed portrait of a professional category still little known: that of the individual occupying a role of religious leadership. In the Swiss religious landscape, so diversified in recent decades, this group has revealed itself to be very heterogenous, as clearly illustrated by the six individual portraits the study contains. It also casts a critical eye over the current admission system, shedding light on its legal aspects.

External evaluation of the Integrationsvereinbarungen pilot project in Ostermundigen
Study commissioned by Sozialamt and the Migrationsdienst of the canton of Bern (2009 - 2012)
Christin Achermann
Silvia Schönenberger

 

Unity and Diversity in Cohesion: Immigration, Citizenship and Federalism
NCCR project
Cesla Amarelle
Gianni D'Amato
Jean-Thomas Arrighi
Stefanie Kurt
Valentin Zuber

This project will evaluate the characteristics and conception of social cohesion, and how they translate into the law and its practice. In addition, it will clarify the way in which dominant regional debates on social cohesion translate into the national debate. By examining different conceptions of social cohesion in Switzerland, the project forms a basis for other projects asking questions about citizenship, social cohesion, integration and different types of exclusion. Aside from this, it will contribute to the debates around how immigration and diversity affect social cohesion, and the impact of mechanisms of citizenship on policy.

The legal situation of religious minorities in the context of Swiss federalism. Freedom of religion and the banning of religious discrimination. Foundations, consequences and perspectives.
Thesis project (finished 2015)
Stefanie Kurt

Migratory movement is one of the factors changing the religious landscape of Switzerland. These changes constitute a new challenge for the fundamental rights of freedom of religion, and for the banning of religious discrimination at a legal level. Here, questions of interpretation, national cohesion and national identity play an important role. Stefanie Kurt’s thesis project examines these areas of tension and shows to what extent the debate on integration influences these fundamental rights at national and cantonal levels, and the effects of current practice on the treatment of religious minorities.

The importance of the idea of integration in the cas de rigueur process
Thesis project
Didier Leyvraz

The cas de rigueur refers to a regulatory mechanism, as outlined by the Swiss laws on asylum and foreign nationals, relating to individuals who are in Switzerland illegally. In particular, this project aims to study the importance of the idea of integration in this procedure, and the weight in different cantons’ decision-making processes of the various criteria set by Federal law.

Restricting Immigration: Practices, Experiences and Resistance
NCCR Project
Christin Achermann
Jana Häberlein
Laura Rezzonico

As part of the NCCR’s “On the move: The Migration-Mobility Nexus” programme, this SNSF-funded social science research project aims to understand how the spatial exclusion of foreign nationals in Switzerland is practiced, lived and challenged by the various actors implicated. In particular, attention is paid to measures and practices put in place to restrict entry and residence to certain categories of migrants considered “undesirable” because they do not correspond to the current immigration paradigm. Among other themes, this touches on the practice of border control, administrative detention, and the forced return of individuals with irregular immigration statuses, or failed asylum seekers. Using qualitative methods, this study seeks to understand the experiences and (re)actions of those implementing the policies, as well as the migrants towards whom they are aimed.

Securitisation and criminalisation of irregular migration: towards a new policy of managing “undesirable” foreign nationals in Switzerland?
Thesis project
Clément de Senarclens

This research considers the “Swiss policy of exclusion,” defined by the totality of policies targeted at foreign nationals whose presence in Switzerland is considered undesirable. The work examines the issue of migration controls, not in the sense of issues relating to external border controls, but in terms of measures like administrative detention and repatriation, which are aimed at categories of foreigner such as asylum-seekers or those whose presence in the country is unlawful. This particular study objective is examined in three stages. First, how are these policies problematised and justified by government? Second, how are they applied? And third, what are their implications? While these legislative measures are central to the analysis, the study initially considers the process leading to their creation and the manner in which they are applied. It should also be noted that the analysis is conducted from a historical perspective, spanning from the introduction of the federal system for controlling migration in the 1920s to the present day.

Security in the politics and law of asylum in Switzerland: the process of "securitisation" and the tension between national sovereignty and human rights
Thesis project
Robin Stünzi

This thesis project aims to analyse the creation of a link between the issues of security and asylum in the Swiss context, based on the developing legal and political asylum framework.

Migration and security in Switzerland: Evolution and present status of its link in politics and law
SNSF project (2013 - 2014)
Christin Achermann
Clément de Senarclens
Robin Stünzi

One of the central functions of the state is ensuring the security of the citizen, and of the apparatus of the state. Where a societal phenomenon is linked to questions of security, in discourse or practice, it acquires political weight and greater legitimacy. In Switzerland, the link between migration policy and security has yet to be analysed systematically.
This study aims to analyse the coupling of migration with security issues in Swiss migration policy, and in migration law from the beginning of the twentieth century. The first analyses show that references to security issues play a central role in the creation and revision of the three central legal texts which regulate the admission and conditions of residence and leave to remain of foreign nationals in Switzerland. Over the course of the twentieth century, the categories of immigrant seen as dangerous and the safety measures proposed were subject to continual change.
On one hand, the study seeks to explain how security is used to legitimise various processes of societal exclusion; on the other hand, it aims to situate Switzerland within the context of international migration policy, and contribute to the understanding of the way in which migration and security have come to be linked.

Practices, experiences and perceptions of the administrative detention of migrants: an ethnography of detention centres in Switzerland
Thesis project
Laura Rezzonico

Every year, in Switzerland, over 5000 people are detained in prisons or administrative detention centres in order to secure the execution of their return to another state, be it their country of origin or another state responsible for them. This thesis project seeks further knowledge on this subject, taking an ethnographic approach which reflects the diverse practices, theories and experiences of the various actors implicated. Focusing its attention on detainment institutions, the thesis aims to understand existing links between administrative detention and the processes of criminalising movement and the exclusion of migrants.

Securitisation and criminalisation of irregular migration: towards a new policy of managing “undesirable” foreign nationals in Switzerland?
Thesis project
Clément de Senarclens

This research considers the “Swiss policy of exclusion,” defined by the totality of policies targeted at foreign nationals whose presence in Switzerland is considered undesirable. The work examines the issue of migration controls, not in the sense of issues relating to external border controls, but in terms of measures like administrative detention and repatriation, which are aimed at categories of foreigner such as asylum-seekers or those whose presence in the country is unlawful. This particular study objective is examined in three stages. First, how are these policies problematised and justified by government? Second, how are they applied? And third, what are their implications? While these legislative measures are central to the analysis, the study initially considers the process leading to their creation and the manner in which they are applied. It should also be noted that the analysis is conducted from a historical perspective, spanning from the introduction of the federal system for controlling migration in the 1920s to the present day.

Restricting Immigration: Practices, Experiences and Resistance
NCCR project 
Christin Achermann
Jana Häberlein
Laura Rezzonico

As part of the NCCR’s “On the move: The Migration-Mobility Nexus” programme, this SNSF-funded social science research project aims to understand how the spatial exclusion of foreign nationals in Switzerland is practiced, lived and challenged by the various actors implicated. In particular, attention is paid to measures and practices put in place to restrict entry and residence to certain categories of migrants considered “undesirable” because they do not correspond to the current immigration paradigm. Among other themes, this touches on the practice of border control, administrative detention, and the forced return of individuals with irregular immigration statuses, or failed asylum seekers. Using qualitative methods, this study seeks to understand the experiences and (re)actions of those implementing the policies, as well as the migrants towards whom they are aimed.