Framework agreement between the EU and Switzerland

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The EU-Switzerland Framework Agreement , also known as the Institutional Agreement (InstA), full draft name Agreement to facilitate bilateral relations between the European Union and the Swiss Confederation in the areas of the internal market in which Switzerland participates , was a planned agreement that would Should regulate the framework conditions for cooperation between the European Union and Switzerland in the future. Negotiations began in 2014 and were concluded by the Swiss Federal Council in 2021 .

background

Relations between Switzerland and the European Union are governed by a network of treaties consisting of around 20 central bilateral agreements and over 100 other agreements. However, the European Union had made it clear that it wanted to conclude future agreements on Switzerland's market access to the Union's internal market only on the basis of a framework agreement to be concluded beforehand, in which institutional issues in particular were to be regulated uniformly and overarching. Among other things, it should contain a mechanism for settling any disputes between Bern and Brussels.

Course of negotiations

Negotiations during the tenure of Roberto Balzaretti

In December 2013, the Federal Council passed a negotiating mandate, and the Union followed suit in May 2014 with a decision by the EU Council . Negotiations on the framework agreement began on May 22, 2014. As a result of the negotiations, a draft contract has been available since November 2018.

In Switzerland, the right-wing populist Swiss People's Party (SVP) in particular strongly criticized the framework agreement and at an early stage raised the mood against the regulations on dispute settlement and thus against the entire agreement with the federal popular initiative “Swiss law instead of foreign judges (self-determination initiative)” . In connection with the framework agreement, the SVP speaks of a “submission agreement”. The Swiss Federation of Trade Unions (SGB) also rejected the negotiated framework agreement and threatened a referendum . The accompanying measures for the free movement of people and wage protection are not negotiable.

On June 7, 2019, the Swiss Federal Council finally confirmed an “overall positive assessment” of the draft, but at the same time made it clear that it does not consider the current version of the agreement to be ready for signature and is demanding further “clarifications”. The then Commission President Jean-Claude Juncker expressed his support for the Union just a few days later and indicated that he was ready for clarifications in the treaty, but ruled out renegotiations or renegotiations.

Due to "lack of progress" with the framework agreement, the EU let the so-called stock exchange equivalence expire on July 1, 2019 . In return, the Swiss Federal Council banned trading in Swiss shares on stock exchanges in the EU, thereby protecting the SIX Swiss Exchange .

With its federal popular initiative “For moderate immigration (limitation initiative)” , the SVP attempted to terminate the free movement of persons with the EU; Further progress on the framework agreement was only expected after the vote. This initiative was rejected on September 27, 2020. The Federal Council then expressed its relief and announced that it would determine its position on the open points of the framework agreement in the next few weeks and thus approach the EU Commission. The EU Commission also welcomed the result of the vote and made it clear that it insists on the agreement being signed as soon as possible.

Negotiations during the tenure of Livia Leu Agosti

In mid-October 2020, the Federal Council decided to replace chief negotiator Roberto Balzaretti with Livia Leu Agosti . Personnel changes have also been made on the EU side. By mid-February 2021, three meetings were held to clarify the open points. The third meeting lasted seven hours and took place between Stéphanie Riso, Deputy Chief of Staff of the EU Commission President Ursula von der Leyen, and State Secretary Livia Leu. This was accompanied by Marie-Gabrielle Ineichen-Fleisch , Director of the State Secretariat for Economic Affairs . The Federal Council has decided not to make any details about the negotiations public for the time being. The EU Commission has not yet made any details of the talks public either.

Termination of negotiations

On May 26, 2021, the Swiss Federal Council decided to break off negotiations on the framework agreement. The reasons for this were, on the one hand, disagreements with regard to the free movement of persons , in particular with regard to social security, but also differences in wage and employee protection . According to Ignazio Cassis , the European Union did not want to accept Swiss wage protection. Negotiations on state aid went better, but they were linked to the free movement of people and wage and worker protection. Despite the failed framework agreement, the Federal Council announced that it would continue to maintain bilateral cooperation with the EU.

Controversies over the agreement

While the SVP was initially alone with its fundamental criticism of the framework agreement, more and more critical voices were raised, especially after the vote on the limitation initiative. Before the vote, the focus was primarily on the three open points of wage protection, the Union Citizens' Directive and state aid, but the question of the loss of national sovereignty due to the role of the ECJ has become louder since autumn 2020.

Former Federal Councilor Johann Schneider-Ammann pointed out in his column shortly before the vote on the limitation initiative that clarifying the three open points would not be sufficient from his point of view. Above all, the question of the loss of sovereignty would have to be clarified, which would arise for Switzerland due to the role of the ECJ in the framework agreement. This criticism is shared by the two newly founded, business-related organizations Allianz Kompass / Europa and Autonomiesuisse .

The group of supporters of the framework agreement, led by the business association economiesuisse and representatives of the FDP and GLP , point out the economic importance of the agreement. But here, too, there are increasing demands for more precise information on the Union Citizens' Directive. If it were not possible to exclude this in the talks with the EU, the economy would probably not support the agreement, according to the President of economiesuisse Christoph Mäder. Christoph Mäder, on the other hand, sees the question of sovereignty in connection with the role of the ECJ as unproblematic.

The “progresuisse” committee works “for an open, successful and networked Switzerland” and “for stable and lasting relations with the EU.” The Committee is of the opinion that “the bilateral path is the golden mean that needs to be defined and developed. Because no framework agreement is not an option for Switzerland. " The founding members are in particular personalities from business and law, including former Federal Councilor Joseph Deiss and former Federal Councilor Doris Leuthard .

The effects of the framework agreement on Swiss direct democracy are particularly controversial . The opponents of the framework agreement are of the opinion that “the framework agreement will eliminate the Swiss legislature - that is, the people, the estates and parliament. The EU orders, Switzerland executes »(National Councilor and parliamentary group president of SVP Thomas Aeschi in the National Council's debate on December 16, 2020). Former Councilor of States Thomas Pfisterer takes the opposite point of view from a legal point of view: “The framework agreement will strengthen Switzerland's ability to influence the EU. First, Switzerland can participate in the EU legislative process and thus defend its interests. Participation is intended to offset the legal obligation to adopt and allows Swiss concerns to be raised. Second, in the draft framework agreement, the democratic roles of parliament and the people (referendum) are reserved for legal adoption. An automatic transfer of rights is excluded. "

See also

literature

Individual evidence

  1. ^ The framework agreement - an almost never-ending story In: Neue Zürcher Zeitung of May 26, 2021
  2. Bern slams the door - the harsh rejection of the EU was controversial in the Federal Council In: Neue Zürcher Zeitung of May 26, 2021
  3. The EU Commission regrets the end of the talks on the framework agreement In: Neue Zürcher Zeitung of May 26, 202
  4. a b Directorate for European Affairs: Institutional Agreement
  5. NZZ, July 1, 2019: What you need to know about the framework agreement with the EU
  6. Current language versions of the EU-Switzerland framework agreement (original: FR)
  7. NZZ, June 22, 2017: Relaxation is necessary
  8. No to the contract of submission. February 19, 2019, accessed February 19, 2021 .
  9. No framework agreement against Swiss wage protection. In: sgb.ch. March 13, 2019, accessed August 7, 2019 .
  10. NZZ, June 7, 2019: Federal Council wants “clarifications” on the framework agreement and warns of “Swiss Brexit”
  11. NZZ, June 11, 2019: The EU wants to achieve a quick agreement on the framework agreement with clarifications
  12. a b 2020 Switzerland is setting its course for European policy. In: Bieler Tagblatt . December 29, 2019, archived from the original on December 30, 2019 .;
  13. Withdrawal of equivalence - EU sanction against the Swiss stock exchange comes to nothing. In: Swiss Radio and Television / SRF. August 2, 2019, accessed January 9, 2020 .
  14. ^ "Plan B" from July 1st - Switzerland takes retaliatory measures against the EU. In: Swiss Radio and Television / SRF. June 27, 2019, accessed January 9, 2020 .
  15. After the No to the limitation initiative, the EU calls for the framework agreement to be signed quickly. NZZ, September 28, 2020, accessed on February 18, 2021 .
  16. Cassis drops Balzaretti - now a woman is supposed to save the framework contract. NZZ, October 14, 2020, accessed on February 18, 2021 .
  17. The EU is already looking for a new chief negotiator for the Switzerland dossier. NZZ, December 7, 2020, accessed on February 18, 2021 .
  18. The struggle for the framework agreement with the EU in Brussels continues. NZZ, February 17, 2021, accessed on February 18, 2021 .
  19. The Federal Council wants to move forward with the framework agreement, but does not allow itself to be looked at. NZZ, November 11, 2020, accessed on March 19, 2021 .
  20. EU framework agreement failed - "We hardly had any leeway on the points to be clarified". In: 20min.ch. May 26, 2021 .;
  21. ^ Johann Niklaus Schneider-Ammann: Framework Agreement: Three clarifications are not enough. The question of sovereignty needs to be addressed. NZZ, September 19, 2020, accessed on February 18, 2021 .
  22. ^ Website of Allianz Kompass / Europa. Retrieved February 18, 2021 .
  23. Autonomiesuisse website / Arguments. Retrieved February 18, 2021 .
  24. ^ Institutional agreement between Switzerland and the EU. Retrieved February 18, 2021 .
  25. Framework agreement: YES out of reason. February 22, 2019, accessed February 18, 2021 .
  26. Green liberals say YES to the framework agreement out of conviction. March 11, 2019, accessed February 18, 2021 .
  27. Economiesuisse sharply criticizes Swiss corona policy. Handelszeitung, February 22, 2021, accessed on February 23, 2021 .
  28. progresuisse. For an open, successful and networked Switzerland. Retrieved March 1, 2021 .
  29. 20.9011. Extraordinary session. Framework agreement with the EU. Retrieved March 26, 2021 .
  30. Thomas Pfisterer: A plus for democracy. Minimum standard for the participation of parliament and the people in the framework agreement or in further contracts with the EU . EIZ Publishing, Zurich, ISBN 978-3-03805-389-7 , pp. IX ( eizpublishing.ch ).