The Federal Council adopts principles for institutional solutions with the EU

At the official meetings with the President of the EU Commission, José Manuel Barroso, and the President of the EU Council, Herman Van Rompuy, in Brussels on 20 March 2012, the President of the Swiss Confederation, Eveline Widmer-Schlumpf, and Federal Councillor Didier Burkhalter, discussed concrete proposals on the next steps to renew the bilateral way. The two sides agreed to advance the current dossiers in the framework of a co-ordinated and comprehensive approach and to work out solutions to institutional questions in this context. 

At its special meeting today, the Federal Council has discussed different approaches on which to base solutions to institutional issues with the EU. The principles concern in particular the uniformity (homogeneity) of application and interpretation of the provisions of the bilateral agreements, legal developments, supervision of the application of the bilateral agreements, and dispute settlement. 

The purpose of homogeneity is to ensure that, in the legal space created by the bilateral agreements, rules are set that are as uniform as possible and which are also uniformly applied and interpreted.

The principles governing legal developments correspond to those which the Federal Council had already adopted in its 2009 Foreign Policy Report: Negotiations are based in principle on the relevant acquis or subsequent developments of it providing that Swiss sovereignty is respected. Switzerland can participate in the further development of EU law in accordance with its right of decision-shaping.

Amendments to the agreements can only be made in mutual agreement, and corresponding deadlines must take into account the decision-making procedures provided for in Swiss legislation (parliamentary debates, referendums). If Switzerland cannot adopt a development in the relevant EU acquis, the EU may take appropriate and proportional compensatory measures. The proportionality of these measures can be reviewed in an ad-hoc arbitration procedure. 

With supervision and jurisdiction, the Federal Council proposes a model in which the uniform application of the law in Switzerland is ensured by an independent national authority which is empowered to initiate a judicial procedure if a violation of an agreement is established.

Taking the Schengen Agreement as an example, uniform interpretation of the law should be guaranteed through due consideration of the relevant jurisprudence of the European Court of Justice. This corresponds to the current practice of the Swiss Federal Supreme Court. Deviations in the judicial interpretation of the Agreement may result in suitable and proportional compensatory measures. The proportionality of such measures can be reviewed in an arbitration procedure. 

Differences between Switzerland and the EU can be more efficiently settled in the framework of a dispute settlement procedure. Differences of opinion should be discussed primarily between the parties in the mixed committee. If the mixed committee fails to reach agreement within a specified period, the disadvantaged party may take suitable and proportional compensatory measures. An arbitration court may review the scope, length and proportionality of a compensatory measure. 

These principles are intended to form the basis for a concrete institutional solution to the current negotiations on the Swiss-EU electricity agreement. Such a solution, if acceptable to Switzerland, could provide a model for future agreements between the EU and Switzerland on market access. 

Consultations of the parliamentary committees, cantons, employers’ associations and unions

The principles that the Federal Council has adopted today will first be submitted to the Foreign Affairs Committees of the National Council and the Council of States, the cantons and the social partners, following which the EU will be informed of Switzerland’s institutional proposals. 

For further information:  
Jean-Marc Crevoisier (FDFA)    Phone +41 79 763 84 10   
Rudolf Christen (FDEA)   Phone +41 79 317 24 09 

Lead Departments:      
Federal Department of Foreign Affairs (FDFA)
Federal Department of Economic Affairs (FDEA)

Further information:

page Europe
Media conference Federal Council - 25.04.2012

Address for enquiries:

Information FDFA
Feder Palace West wing
3003 Bern
phone +41 31 322 31 53
info@eda.admin.ch

Publisher:

The Federal Council
Federal Department of Foreign Affairs
Federal Department of Economic Affairs, Education and Research