The institutional framework of the agreement between Switzerland and the European Union polarized. Hard differences of opinion cross parties, business leads, editorial teams, circles of friends and families. The less you know the content, the more play in the discussions of belief and preconceived opinions of a role.

This polarizing vagueness for a reason: In the agreement it is less about content than procedures. It adjustment method, dispute resolution procedures, the future procedure for the replacement of the old free trade agreement regulate. But the substantive law is only limited in two protocols to the labour market control and marketing.

questions of procedure are defined in the framework agreement is clear. What are the substantive effects follow from later adaptations to the EU law is a matter of interpretation. So it comes to rule, the right reviewers get the experts. That’s why I’m trying to objectively show what is on the one hand, the text of the agreement undoubtedly secured, and – in the opinion of the EU non-negotiable and what is on the other hand, is pure Interpretation. The Basis of the 35-page Text.

The labour market policy in Switzerland would be outsourced in many areas in the European Union.Source

The first vertex relates to the scope of the rules and agreements,which are to be adapted from the Switzerland dynamic: It is all about the free movement of persons, to belong to the EU also believes the accompanying wage protection measures in Switzerland, the EU posting of workers Directive and the Union citizens Directive integral. In the case of this topic, the Federal Council had concluded in its negotiating mandate with a red line. The Union citizens Directive regulates the facilitated access of migrants to the welfare system.

in Addition, to be included in the framework vertragdie agreement on land transport on road and Rail, to aviation, to the adaptation of international product standards, and agricultural trade. But also all future agreements will be a pre-haste to the framework agreement and its sanctions mechanism.

The second one indisputable method to vertex relates to the question of how binding the EU law, Switzerland is enforced. If Switzerland does not adjust in the areas mentioned fully to the EU legislation, is first called a joint Committee and then a joint court of arbitration to be used. But when it comes to the interpretation or application of EU Law (which will usually be the case), calls this court of arbitration the European court of justice, the judge then definitively what is true.

EU means the agreement aufkünden

In the Central of article 10, paragraph 3, of the framework agreement, it is literally “the judgment of The Gerichtshofsder European Union is for the arbitral Tribunal to be binding.” In the relevant French original text is even: “… lie le tribunal arbitral. “Lier” means “tie, bind, oblige, bind” and is, according to a statement from the diplomats, are still imperative. The European court of justice is not a neutral instance, but the party court of the EU.As far as the agreement is clear. But here is the political interpretation begins to dispute about the consequences.

This Procedure causes in the longer term, a Delegation of the Swiss economic and labour market policy in many areas of the EU. It would be a policy of Outsourcing to Brussels. Therefore, it is only logical, if the unions and trade associations do not want to transfer the decision-making violence to the Swiss labour market and wage protection to the jurisdiction of the workers-critical European court of justice.

The third vertex does not affect the consequences, if Switzerland adjusts, in spite of a binding judgment of the court of justice “within a reasonable period of time”. According to article 10.6 of the agreement, can the EU “compensatory measures, up to and including partial or complete suspension of the agreement/s to grasp.”

long-Term consequences are open

Under compensatory measures, economic penalties are to be understood. The inappropriate withdrawal of the stock exchange of equivalence is an example of this. With the framework agreement, however, can judge of the arbitration court of the proportionality of the sanctions binding. As far as the secured statement in the agreement. But here, statements are to follow a point of view.

A fourth method vertex is in the final part of the agreement in a joint statement, EU – Switzerland, the rapid “modernization” of the old free trade agreement of 1972, expressly stipulates: “Within six months after the adoption of this statement, the undersigned will take the internal steps with a view to the opening of formal negotiations in the course of the year 2020.”

Under the modernisation of the free trade agreement is understood to be a total revision to the current understanding of the EU’s mandatory to also state aid (e.g. subsidies for housing, state guarantees of cantonal banks, building insurance), antitrust law, competition policy, parts of the corporate tax law and the jurisdiction according to the framework agreement to the European court of justice is delegated.

The longer-term consequences of this further Integration in the EU legislation and EU case law, are open. What is certain is that the process of the Transfer of Parts of the Swiss labour market and economic policy to Brussels is go.

(editing Tamedia)

Created: 01.07.2019, 20:08 PM