Asylum containers Federal Court has no hearing for Zurich municipal council case
The municipal council of Fällanden may not approve new asylum containers without a municipal assembly. The Federal Supreme Court did not accept an appeal by the municipal council.
15.07.2024, 11:38
SDA
The municipality was unable to demonstrate why the accommodation of asylum seekers is in the public interest, according to the recently issued ruling by the Federal Supreme Court. Accordingly, the appeal was not justified.
Fällanden wanted to purchase residential containers to house 64 asylum seekers for 1.5 million Swiss francs. The municipal council justified the move by citing the canton's increase in the asylum intake quota.
Several voters in the municipality lodged an appeal against this. The Zurich Administrative Court ruled in favor of the appellants in autumn 2023.
Other locations were available
According to the ruling, which now stands, the necessary conditions under which an expenditure may be declared committed were not met in this case. For example, there were alternatives to the residential containers, such as accommodating the asylum seekers in the municipality's civil defense facilities.
By opting for the residential containers and declaring the necessary expenditure committed, the municipal council made it impossible for the voters to have a say.
The municipal council should have submitted the loan application, which was deemed to be new, to the municipal assembly. The municipal assembly's decision would also be subject to an optional referendum.
16 asylum seekers per 1000 inhabitants
For municipalities that are under pressure due to rising asylum numbers, the decision makes it more difficult to quickly provide additional living space for asylum seekers, as such proposals often meet with resistance from voters.
In spring 2023, the canton increased the asylum acceptance rate from 0.9 to 1.3 percent. Since July, the quota has already been 1.6 percent. This means that the municipalities currently have to take in 16 asylum seekers per 1,000 inhabitants.
(Judgement 1C_621/2023 of 23.5.2024)
