negotiator Roberto Balzaretti (53) came with 35 A4 pages from Brussels – a draft contract of 13 pages, three protocols and three declarations. VIEW explains what is in the documents.
The agreement, it is now officially Insta for “institutional framework agreement” – is at the heart of the Sammelsuriums. It regulates the core of what Bern and Brussels for almost five years to negotiate the question of how the bilateral agreements can be adapted if the EU law. And who, if there is a dispute about these issues. Are affected, however, not all bilateral agreements, but only five. The about the free movement of persons, land transport, air transport, technical barriers to trade and agriculture.
The agreement sets out that the Switzerland, EU-law, if one of these agreements is affected. But not automatically. The law in the EU, changes can in this country vote Parliament and the people about whether we want to take it over. We reject the adoption of Law, may be initiated by the EU, the dispute resolution procedure.
Yes and no. The procedure: In the event of a dispute, the dissatisfied party first reaches to the Joint Committee. This political body in the EU-representatives and the Swiss representatives, even today, for a variety of agreements. You do not agree within a period of three months, the parties to a court of arbitration. Also, this is open to Swiss and EU judges. The arbitral awards are binding. The losing party is not implementing this, you can take the other party compensatory measures. This, however, must “be proportionate”. You may not therefore be entirely inappropriate, drastically.
But. Because the European court of justice (ECJ) has a role in this mechanism: The judgment in each case, the court of arbitration. If, however, in a case of dispute, EU law must be interpreted, this interpretation of the ECJ. And the arbitral Tribunal must apply. Experts believe that this is going to be in 90 per cent of the disputes of the case.
The one on the protection of Wages. The most controversial point is not even in the text of the contract. Because negotiators Balzaretti not allowed to negotiate. The Swiss protection of Wages was in fact in the negotiation mandate a “red line” set by the Federal Council. He forbade negotiations. The ultimate demand of the EU – for the Swiss “red lines” do not apply – is, therefore, contained in a Protocol: The EU wants Switzerland to take three years within the EU-protection of Wages. This is not as high as in Switzerland.
The flanking measures which make up today the Swiss protection of Wages, would have to be adjusted. The EU calls on the eight days that a foreign company must register prior to order fulfillment in Switzerland, is reduced to four days. Also, the density of the controls, whether all the foreign businessmen to the Swiss Standards, must be reduced. Trade unions and the trades go for it, seems to be excluded. You do not want to delegate the protection of Wages to the EU.
the other major point of contention. The Directive would give EU citizens the right to social aid in Switzerland, even if they have never worked. It is not recorded in the text of the Treaty – but also not explicitly excluded. Therefore, it is possible that this Directive could be a first event of a dispute, the land in front of the arbitral Tribunal and the ECJ. There is the danger that Switzerland must take a policy and then still.