Numerous new authors were recruited for the updated edition of your Commentary on Migration Law. How has the commentary changed with this new and enlarged group of authors?
The new authors made a special effort, as they commented on certain articles and provisions for the very first time. Thanks to their extra effort, the commentary is much more in-depth than the previous edition. In addition, human rights-related case-law has also been dealt with in greater detail, with particular attention paid to the case-law of the ECHR (European Court of Human Rights) and the UN Committee on the Rights of the Child. This gives this new edition considerable added value over previous editions.
What distinguishes Orell Füssli’s Commentary on Migration Law from other Swiss commentaries in this field? What are its key features?
Orell Füssli’s Commentary on Migration Law is the only legal commentary to cover the entire field of migration law in a single volume; i.e., in addition to classical immigration law, it also covers asylum law, the Agreement on the Free Movement of Persons, and citizenship law. In line with the editors' ethos, the commentary also aims to contribute to the realization of fundamental rights. This is an obligation for state actors, which is explicitly enshrined into article 35 of the Swiss Federal Constitution. The commentary is not limited to reproducing applicable law; instead, it often points out inconsistencies in case-law, as well the insufficient consideration of fundamental and human rights requirements. In teaching, it is important to point out these inconsistencies and shortcomings. This is done in the hope of encouraging changes in legal practice and serving the further development of our legal system.
What motivated you to write your Handbook on Migration Law? Who is it written for?
I wrote the handbook to provide an accessible overview of the entire field of migration law. It includes a detailed historical section, which traces the development of migration law since the early days of the federal state. The book highlights recurring argument patterns throughout history. By providing a historical context, I wanted to give a broader view of our current migration situation. In particular, I focused on recent migration history, during which the topic of migration has advanced to a contested political issue and the subject matter of regular political referendums in Switzerland. Finally, the handbook also aims to help make current migration law understood by non-lawyers, while remaining precise and fact-based. It is intended to serve as a reliable guide for practitioners in various related fields, as well as a textbook for students, and as a general reference for those interested in migration policy.
During your professional career, both as a lawyer and as a teacher, you’ve primarily dealt with migration law. How did this focus come about?
During and after my studies, I worked part-time as a teacher and project manager at ECAP, an Italian educational institute. This brought me into contact with Italian emigration. At the same time, I also met my future wife, a seconda, who had grown up in Switzerland, after her parents immigrated from Italy in the 1960s. With this personal background, I was sensitized to the issue of migration when I started working on my first migration cases as a lawyer on Langstrasse in Zurich in the early 1990s. It soon became clear to me that migration law was a legal wasteland, and that Swiss immigration authorities (Fremdenpolizei) often acted as they pleased within the scope of their broad discretionary powers. This prompted me to speak out for the first time in the mid-1990s with an essay and to present a comprehensive overview in my Handbook on Immigration Law (Handbuch zum Ausländerrecht, 1999). At the time, however, citizenship was still left out, while there was already a handbook on asylum law.
How has this area of law changed over the years?
Migration law has become more international, particularly since the Agreement on the Free Movement of Persons came into effect in June 2002 and Switzerland's accession to the Schengen area. The growing importance of case-law of the European Court of Human Rights (ECHR) relevant to migration law, has also been a contributing factor. In addition, Swiss immigration law, which until 2007 was based on a framework law (ANAG), has received an adequate, democratically legitimized legal basis for the first time since 2008. Since then, laws have also been continuously revised in migration law: the Swiss Federal Act on Foreign Nationals (FNA) became the Foreign Nationals and Integration Act (FNIA).
FNIA, and the Asylum Act, like the Citizenship Act, were partially revised a few years ago. At the same time, the extremely dynamic case-law on migration law has increasingly come to the attention of legal scholars. This is symptomatic not only of a significant increase in publications on migration law since the early 2000s, but also of the annual Migration Law Days held at the University of Bern since 2004.
Can you tell us about a particularly enjoyable, and a particularly difficult case in your many years as a lawyer?
My work as a lawyer was regularly accompanied by happy stories, whether it was preventing unjustified deportations, or fighting for the right of family members to join their relatives – against the resistance of Swiss migration authorities in appeal proceedings. Painful memories remain of family separations ordered by the authorities, or obstructed family reunifications. On the other hand, I have particularly fond memories of the public appeal heard by the Federal Supreme Court on behalf of an Argentinean man with no criminal record, who would have had to leave Switzerland, even though he had lived here for almost ten years and was well integrated into Swiss society. The Federal Supreme Court upheld the appeal by a vote of 3:2, thereby making a landmark decision of fundamental importance. I will also never forget the happy ending for one of my clients, who had for years been classified as a «sham spouse» by the authorities. After years of legal struggle and two appearances before the Federal Supreme Court, she was finally able to present me with the foreign husband's residence permit – on my last day at work.
In October 2026, Orell Füssli will be hosting a sequel to its successful conference on migration law. What were some of the highlights of last year’s conference and what can participants expect from this year’s event?
It was very lively, and also gave new, critical voices a chance to be heard. It was gratifying that, in addition to representatives of the authorities, many representatives of the legal profession were also able to contribute their views. The speakers also focused on issues that are particularly relevant to practitioners. Attending the conference is highly recommended for an update on hot topics in migration law, and for a critical review of legal practice.
How important is migration law as a subject in university studies? Will the importance of this area of law increase in teaching, in view of an increasingly globalized world?
Migration law is now offered as an elective subject at all universities in Switzerland and is proving very popular with students. This is hardly surprising, given the great political significance of issues surrounding migration. Universities have a responsibility to provide factual and unbiased information about the various aspects and dimensions of migration and to examine migration law practice in the «spirit of fundamental rights», with a perceptive and critical eye.
Dear Marc, thank you very much for this interview.