III Bilateral Agreements: Constitutional Amendment Needed

Context

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 could have a significant impact on cross-border workers employed in Switzerland. In particular, the double majority required for the approval of the agreements could influence the stability and legal certainty of the rules governing the free movement of persons. Cross-border workers should closely monitor the development of this proposal and prepare for any changes in immigration and residence procedures.

Concrete examples

• Municipality of Chiasso: Currently, around 3,000 Italian cross-border workers are employed in the municipality of Chiasso. A constitutional amendment could influence residence permits and immigration procedures, making it necessary to update local regulations.
• Municipality of Lugano: With over 5,000 cross-border workers from Italy, Lugano is one of the municipalities most affected by the regulations on the free movement of persons. Any changes could require the adaptation of administrative procedures and services for cross-border workers.

Regulations and dates

• Agreement on the free movement of persons: Signed in 2002 and entered into force on June 1, 2002.
• Article 121a of the Federal Constitution: Introduces the autonomous management of immigration, in contrast to the extension of the free movement of persons.

Operational checklist

1. Monitoring regulations: Stay updated on the latest news regarding the constitutional amendment. 2. Consulting official sources: Verify information through the official websites of the Council of States and the Federal Department of Justice and Police. 3. Preparing for the amendment: Consult a lawyer specializing in immigration law to understand the specific implications for your situation. 4. Updating documents: Ensure that all residence and immigration documents are up-to-date and in order.

Comparison of practical scenarios

• Current scenario: Cross-border workers benefit from the free movement of persons, with simplified immigration procedures and stable rights of residence.
• Post-amendment scenario: The double majority required for the approval of the agreements could lead to greater legal uncertainty, with possible changes in immigration and residence procedures.

For cross-border workers residing in Italy and working in Switzerland, it is important to understand how this amendment could influence their rights of residence and immigration procedures. The constitutional amendment could lead to greater clarity and legal stability, but also to possible changes in existing regulations. It is advisable to consult official sources and stay updated on the latest news regarding this proposal.

Operational details

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 movement of persons. However, changes in immigration and residence procedures may also be necessary, which could affect the rights of cross-border workers.

For example, new regulations may be introduced requiring cross-border workers to demonstrate a minimum income to obtain or renew their residence permit. Additionally, new taxes or contributions for cross-border workers could be introduced, as is already the case in some Swiss Cantons. ⚠️

Concrete Procedures

For cross-border workers who wish to stay updated on the latest news regarding this proposal, it is advisable to consult official sources and remain in contact with the competent authorities. Additionally, it is important to understand the current immigration and residence procedures and prepare for any changes in existing regulations.

Here is an operational checklist for cross-border workers:

• Regularly check the website of the competent authorities (for example, the Department of Institutions of the Canton of Ticino).
• Participate in meetings and public consultations organized by local authorities.
• Consult a lawyer specializing in immigration law to obtain personalized advice.
• Keep your identity documents and residence permits up to date.
• Inform yourself about new regulations that may be introduced, such as the obligation of residence or new taxes for cross-border workers.

"It is important that cross-border workers are proactive and prepare for any changes in existing regulations."

Cross-border workers should also consider the possibility of joining interest groups or associations that represent their rights and interests, such as the Associazione Frontalieri Ticino (AFT).

Useful tools to protect your net income

To reduce FX leakage, compare CHF-EUR exchange options and banks for cross-border workers.

Key points

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 and residence procedures.

Operational Checklist

1. Check your residence permit: Ensure your permit is valid and that you are aware of the renewal deadlines. 2. Tax documentation: Keep your tax documents up to date, such as income tax returns and tax receipts. 3. Contact with authorities: Register to receive official notifications from the competent authorities, such as the Canton of Ticino's Migration Office. 4. Legal consultation: Consider consulting a lawyer specializing in immigration law to obtain personalized advice.

Conclusion

The constitutional amendment proposal for the approval of agreements with the EU could have a significant impact on cross-border workers working in Switzerland. It is important that cross-border workers closely monitor the development of this proposal and prepare for potential changes in existing regulations. Consulting official sources, maintaining contact with the competent authorities, and considering the possibility of consulting a lawyer specializing in immigration law are fundamental steps to address this situation with confidence and preparation.

"Switzerland needs a pragmatic solution that guarantees stability and legal security for all citizens, including cross-border workers."

📊 Practical example: A cross-border worker residing in Mendrisio and working in Lugano may have to face new regulations on housing and work, such as the obligation to declare Swiss income in Italy as well, with consequent tax impacts.

⚠️ Attention: Cross-border workers should be aware that potential changes in regulations could affect their ability to work and reside in Switzerland, especially if they do not prepare adequately.

Source: tio.ch