for many Years, has been speculated about the content, now the facts are finally on the table. The Federal Council yesterday released the result of the negotiations between Switzerland and the EU on an institutional framework agreement (InstA).
draw Instead of the document, sends it to the Federal Council in the internal political consultation. Parliament, the cantons, parties and associations get up to in the spring time to honor the draft contract.
Astrid Epiney (53), Europe rights activist and rector of the University of Fribourg, in a first evaluation for a VIEW: “The present outcome of the negotiations appears to be overall very well balanced and taken into account in many aspects the interests of Switzerland.” For example, the agreement on the settlement of the dispute would have been by means of a joint arbitration court within the meaning of the Switzerland, she says.
on the conclusion of the framework agreement is for the country of great importance, says Epiney: “It not only ensures the future viability of the Bilateral approach, but also brings legal security for Switzerland.” The comprehensive access of Switzerland to many Parts of the EU would be secured in the internal market. You could move on to the market Essentially as a member state of the EU.
protection of Wages, despite the compromise is still better than in the EU
Sober, you had to hold on to, however, is that the dynamic legal adoption of EU law in the area of the five market would restrict access agreements, the room for manoeuvre in Switzerland, like any international agreement, says the expert. Although Switzerland can decide according to the text of the contract continue to be Autonomous, which law it wants to apply. However, you have to expect proportional consequences.
“Switzerland, Too, could not enforce all of your concerns fully treatable,” States the rector. So Switzerland would have to accept compromises in the protection of Wages – the pre-notification period is reduced from eight to four days and the security Deposit obligations, softened.
Christa Tobler (57), Professor of European law at the University of Basel, said in the SRF-“Arena”: “From a legal point of view, it is a compromise between EU law and Swiss law.” That is, the protection of Wages Switzerland would be weakened, but would be legally seen as better than the one in the EU.
“Union citizens Directive is on the Table
” it is Also managed to the Swiss negotiators, the Union citizens ‘ Directive expressly from the contractual design. The Directive would give EU citizens the right to social aid in Switzerland, even if they have in this country never worked. Since Switzerland was not able to exclude this point explicitly, it is possible that you have to adopt the Directive at a later point.
“The citizens of the Union Directive on the Table, because it is not explicitly excluded. The question is postponed”, says Tobler. The looks of your legal colleague. Epiney put in perspective, however, that the scope of the Union citizens Directive go less far than often, going to claims.
Anyway, was not to be expected, “that the Directive is not fully relevant, since the concept of Union citizenship is part of the agreement on the free movement”. The Union citizens Directive, would be only partial. In any case, but Switzerland can call in the event of disagreement the arbitration court.
cons in case of refusal, probably,
It was ultimately a political assessment whether the contract with the EU or not. Epiney but recalls that there is no guarantees for a “better” result, and a waiver of the framework agreement could not be hazardous to not only the future viability of the Bilateral approach, but also a variety of other disadvantages. How about the non-recognition of the Swiss stock exchange, or the lack of access to the research programme Horizon 2020.
The Dossier is for years on the table and is now a tons of heavy stack of paper. For all who have lost the Overview of the power VIEW, the Interpretative framework in the EU-Poker:
The Federal Council wants to go the bilateral way, and a new agreement to close, the ease of our economy, the access to the EU market. He has agreed to negotiate a framework agreement. The – secret – behind-the mandate was adopted in may 2014.
But it was in Brussels, has demanded a framework agreement. It has enough of the “cherry-picking” of Switzerland and calls for: If your new agreement want, then we need to make sure that your Changes to EU Law in so far 120 contracts with take. It should not be used in any agreement renegotiated, but that should happen automatically.
The framework agreement aims to embed the bilateral agreements in a framework. This regulates to be adjusted:
the agreement, if the EU law.Who monitors that both sides are applying the agreement properly.How is it ensured that both sides interpret the agreement.Who is, if there is a dispute about these issues.
Controversial especially the last point. In Switzerland, you do not want that EU judges, so “foreign judges” in dispute, to decide matters. However, Reportedly has agreed on a solution, with the help of the EU can live with, and from, the Federal Council is convinced that the Swiss voting public to convince.
The Federal Council has defined the red lines for the negotiations. They are:
Switzerland will not adopt the EU citizenship Directive. This would give EU citizens a right of residence in Switzerland and thus full access to social assistance.Also on accompanying measures – the protection of high Swiss wages are not negotiated, Switzerland. This was confirmed by the Federal Council in the summer again, after the foreign Minister, Ignazio Cassis (57) with the idea that she was forging ahead as a means of negotiating involved.
The rahmenab Komen is important, because without this, no new contracts, the Swiss companies access to the EU market. The financial is of the essence, especially space. Up to now, our banks, insurance companies and asset managers must have a branch in the EU, if you want to with a local customer shops. This hurdle would disappear.