III Bilateral Agreements: Constitutional Amendment Needed

The Political Institutions Committee of the Council of States proposes a constitutional amendment for the approval of agreements with the EU.

Contesto

In brief - The Political Institutions Commission of the Council of States proposes a constitutional amendment for agreements with the EU. - A double majority of the people and cantons will be required for approval. - The amendment aims to eliminate uncertainties about the constitutionality of the agreement on the free movement of persons. ## Key facts - What: Constitutional amendment for the approval of agreements with the EU - When: Proposed on May 5, 2026 - Where: Bern, Switzerland - Who: Political Institutions Commission of the Council of States - Amount: Not specified The Political Institutions Commission of the Council of States has proposed a constitutional amendment for the approval of the package of agreements with the EU. This amendment, which requires a double majority of the people and cantons, aims to eliminate uncertainties regarding the constitutionality of the amendment to the agreement on the free movement of persons. The commission highlighted the contradiction between the extension of the free movement of persons and the article of the Federal Constitution relating to the autonomous management of immigration (Article 121a). The new transitional provision authorizes the approval of the package of agreements despite the constitutional provisions on the limitation of immigration. It also puts an end to the discussion on the need for a double majority of the people and the cantons. The commission thus follows the opinion of Stefan G. Schmid, professor of constitutional law at the University of St. Gallen, heard at the end of March. Schmid had emphasized the constitutional conflict due to the extension of the free movement of persons, which creates new rights of residence. ### Implications for cross-border workers The proposed constitutional amendment...

Dettagli operativi

Analysis of Practical Implications The proposed constitutional amendment for the approval of agreements with the EU could have several practical implications for cross-border workers. In particular, the double majority required for the approval of agreements could influence the stability and legal certainty of the rules governing the free movement of persons. This could lead to greater clarity and legal stability, but also to possible changes in existing regulations. For example, currently, around 65,000 cross-border workers work in Ticino, with a significant concentration in the municipalities of Lugano, Mendrisio, and Chiasso. The constitutional amendment could influence residence permits and immigration procedures, such as the obligation of residence for cross-border workers who have been working in Ticino for more than five years, introduced in 2019. 📊 ### Comparison with the Previous Situation Before this proposal, the approval of agreements with the EU did not require the double majority of the people and Cantons. The proposed constitutional amendment could lead to greater participation of the people and Cantons in the decision-making process, increasing the legitimacy and transparency of decisions. However, it could also make the approval of agreements more difficult due to the need to achieve a broader majority. For example, in 2014, the initiative against mass immigration showed how the decision-making process can be complex and influenced by different opinions. The constitutional amendment could lead to similar scenarios, with possible impacts on cross-border workers. 💡 ### Possible Scenarios If the constitutional amendment is approved, cross-border workers could benefit from greater stability and legal certainty in the regulations governing the free...

Punti chiave

What to Do Now Cross-border workers who wish to stay updated on the latest news regarding this proposal should consult official sources such as the website of the Federal Department of Foreign Affairs (FDFA) and maintain contact with the competent authorities, such as the Canton of Ticino's Migration Office. It is essential to understand the current immigration and residence procedures, such as Regulation (EC) No 859/2003, which governs the free movement of persons between Switzerland and the EU. For example, a cross-border worker residing in Chiasso and working in Lugano should be aware that, in case of changes, they may be subject to new regulations on housing and work. Cross-border workers should prepare for potential changes in existing regulations, such as the introduction of annual quotas for residence permits or increased costs for renewal procedures. For example, from 2024, the cost of renewing a residence permit could increase from 60 to 100 CHF. Additionally, it is advisable to consult a lawyer specializing in immigration law to obtain personalized advice, especially if you reside in municipalities with a high concentration of cross-border workers, such as Mendrisio or Campione d'Italia. ### Useful Tools For cross-border workers who wish to calculate their net salary in Switzerland, you can use the salary calculator. This tool allows you to easily calculate your net salary, taking into account taxes and social contributions. For example, a cross-border worker earning 6,000 CHF gross per month in Lugano, after tax and contribution deductions, might have a net income of approximately 4,800 CHF. Additionally, you can consult the guides and FAQs available on the site for more information on the regulations governing the free movement of persons and immigration...

Punti chiave

[{"q":"What is the objective of the proposed constitutional amendment?","a":"The proposed constitutional amendment aims to eliminate uncertainties regarding the constitutionality of the amendment to the agreement on the free movement of persons and to ensure the double majority of the people and the Cantons for the approval of agreements with the EU."},{"q":"How could it affect cross-border workers?","a":"The constitutional amendment could influence the residence rights and immigration procedures of cross-border workers, leading to greater clarity and legal stability, but also to possible changes in existing regulations."},{"q":"What can cross-border workers do to prepare?","a":"Cross-border workers should closely monitor the development of this proposal, consult official sources, stay in touch with the competent authorities, and consider the possibility of consulting a lawyer specializing in immigration law."}]

Frequently Asked Questions
What is the objective of the proposed constitutional amendment?
The proposed constitutional amendment aims to eliminate uncertainties regarding the constitutionality of the amendment to the agreement on the free movement of persons and to ensure the double majority of the people and the Cantons for the approval of agreements with the EU.
How could it affect cross-border workers?
The constitutional amendment could influence the residence rights and immigration procedures of cross-border workers, leading to greater clarity and legal stability, but also to possible changes in existing regulations.
What can cross-border workers do to prepare?
Cross-border workers should closely monitor the development of this proposal, consult official sources, stay in touch with the competent authorities, and consider the possibility of consulting a lawyer specializing in immigration law.

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