Question juridique clé
Whether Art. 28 LN allows facilitated naturalization of a foreign spouse when the Swiss spouse acquired nationality only after marriage.
Solution extraite
No. The Swiss spouse must already be Swiss at the time of the marriage for Art. 28 LN to apply.
Motifs extraits
The wording is ambiguous, but the preparatory works and the system of Arts. 27 and 28 LN show that Art. 28 is the complement to Art. 27 and is meant to facilitate naturalization only for spouses of Swiss citizens who were Swiss when the marriage was concluded. A broader reading would create incoherence and unequal treatment.