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Report·Migration, Justiz, innere Sicherheit·Document finding
26.1036 – Restriction of the right to file an asylum application
The FDP Liberal Party parliamentary group submitted a motion entitled “Einschränkung des Asyl-Antragsrechtes” (Restriction of the right to file an asylum application). A legal basis is intended to make it possible to temporarily suspend the right to file an asylum application by rejecting at the border certain groups of people who, according to experience, are overwhelmingly economic refugees and have a higher crime rate. In September 2026, an extraordinary session on the topic “EU - Asyl” (EU – asylum) will take place in the National Council. I ask the Federal Council to answer the following urgent questions: 1. Does the Federal Council attach greater weight to the right to “Asylgesuch-Antragsstellung” (filing an asylum application), mentioned in international conventions, than to the constitutional right of the Swiss population to physical integrity, life and property? 2. Where do international conventions mention the right to protection of the physical integrity, life and property of one’s own population? 3. If the legislature were to decide, in a legislative proposal subject to referendum, on the possibility of temporarily suspending the right to file an asylum application for specific groups of people, would the Federal Supreme Court then, in the Federal Council’s view, have to apply the “Schubertpraxis” (Schubert practice) in this respect, or would the “Schubertpraxis” (Schubert practice) have to be enshrined in our Constitution? The Federal Council plans to introduce a prior assessment of the right to asylum. In this regard, I ask the Federal Council to answer the following questions: 4. On which national territory and in which premises should such an assessment take place? 5. Which authority, with which trained personnel, should carry out these assessments? 6. Can asylum seekers move freely during this assessment? 7. How is it ensured that asylum seekers do not become criminals during these assessments? 8. Where will asylum seekers who have not been granted any right to asylum physically remain afterwards?