Anti-Mafia activities in Misox EU citizens in Graubünden are subject to stricter controls than those allowed by the federal government

In the southern part of the canton of Graubünden, specifically in the Misox Valley, authorities have introduced a new requirement for EU and EFTA nationals applying for residence permits, temporary stays, or border crossings. Starting with new applications, individuals must provide a criminal record certificate. This measure applies systematically to all applicants, not just those suspected of wrongdoing, and is part of efforts to combat organized crime in the region. The policy will remain in effect until the end of the year. The initiative was triggered by an international police operation in late February, during which seven people were arrested. Four of them held a B-residence permit in Graubünden. A particularly sensitive case involves the main suspect, who had previously been denied residency in Ticino due to prior convictions. In 2021, he attempted to apply for a permit in Graubünden and was granted one. The head of the migration office, Niculin Mosca, cited additional risks such as proximity to the Italian border, potential displacement effects from Ticino, and the presence of shell companies. Concerns over security were also raised by local municipalities. There is speculation that this practice could soon extend nationwide. According to reports, a proposal supported by both chambers of parliament in June suggests expanding the requirement for criminal record certificates across Switzerland. While further votes in the councils are still needed, political support appears stable among non-socialist parties. Security concerns, especially related to organized crime in the south of Switzerland and the case of the convicted bar owner following the fire disaster in Crans-Montana, are driving this shift. From a European perspective, a national requirement would be more problematic than individual cantonal actions. The federal government has rejected the regulation, arguing it violates the free movement agreement with the EU. However, current legal frameworks give the EU limited means to challenge such measures. Despite repeated criticism of Ticino’s approach, Brussels lacks direct legal recourse. With the planned new treaty package between Switzerland and the EU, future disputes could be resolved through arbitration and possible compensation mechanisms. However, the treaty is still under parliamentary review and will face a referendum early next year. It remains unclear whether the EU would take advantage of these new options or consider the issue politically significant enough. A criminal record certificate does not automatically result in rejection. Rather, it provides authorities with an additional piece of evidence, according to Mosca. After reviewing the certificate, officials assess whether an individual poses a specific threat to public safety. The check reveals known convictions but does not identify membership in criminal organizations. Individuals with no criminal history remain unaffected. Graubünden's change in stance follows a long-standing position that automatic checks conflict with the free movement agreement. Now, the canton cites the security situation in Misox as justification. Mosca argues that since the measure targets only a specific area, is time-limited, and involves individual assessments, it remains within legal boundaries. The Federal Department of Migration was not informed before the decision. In response to a query from SRF, it stated that cantons may request criminal records when there are suspicion-based grounds. As early as 2015, the department explicitly advised cantons on this point.