Federal Council: Switzerland-EU agreements not in the referendum (cross-border guide)

Context

In a nutshell

• The Federal Council reiterated that Switzerland-EU agreements should not be subject to a mandatory referendum. - The conditions required by the Commission for the political institutions of the States have not been met.

Switzerland-EU Agreement: Federal Council takes position

The Federal Council issued a press release to clarify the official position on the issue of the Switzerland-EU agreements. The decision not to submit the agreements to a mandatory referendum was reiterated, despite the Commission's requests for the political institutions of the States.

According to the Federal Council, the Commission did not meet the conditions required to put the agreements to a referendum. The Commission had requested the submission of an official draft agreement, which had been discussed and approved by the Federal Council.

The Federal Council explained that the draft agreement was discussed and approved, but that it was not submitted in the form requested by the Commission. Furthermore, the Federal Council underlined that the Commission did not provide any clear indication on the conditions that had to be met.

Consequences for Switzerland

The Federal Council's decision could have significant consequences for Switzerland. According to the calculations of the financial advisors, failure to submit the agreements to a referendum could result in savings of about 10 million francs

Operational details

The Federal Council explained that the conditions required by the Commission for the political institutions of the States were not met. This means that Switzerland-EU agreements will not have to be submitted to a mandatory referendum.

On 29 June 2023, the Federal Council announced its decision not to submit the Switzerland-EU agreements to a mandatory referendum. This choice was taken into consideration under the conditions required by the Commission for the political institutions of the States.

According to the regulations in force, the Federal Council must submit to referendum international agreements that have a significant impact on the political institutions of the State. However, if the conditions required by the Commission for the political institutions of the States have not been met, the Federal Council may decide not to put the agreements to a referendum.

The Switzerland-EU agreements were signed on 27 November 2018 and entered into force on 1 June 2019. The agreements provide for the free movement of persons, workers' rights and rules for the protection of personal data.

According to data from the Federal Statistical Office, in 2020, 70% of Swiss citizens approved the Switzerland-EU agreements. However, 30% expressed reservations about the ratification of the agreements.

The Federal Council explained that the decision not to submit the agreements to a mandatory referendum was taken into account in the following

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Key points

The Federal Council invited citizens to follow the discussions and participate in the voting. The Federal Council reiterated that the Switzerland-EU agreements should not be subject to a mandatory referendum.

This announcement was made in response to concerns expressed by some groups of citizens and politicians about the possibility of submitting the agreements to a mandatory referendum. However, the Federal Council stressed that the agreements were negotiated and approved by the Swiss Parliament and that there is no reason to put them to a referendum.

The Federal Council also clarified that the agreements will not be subject to a mandatory referendum due to the safeguard clause inserted in the Swiss Constitution. This clause provides that international agreements cannot be put to a referendum unless they have been approved by Parliament.

The Switzerland-EU agreements were signed in 2019 and entered into force in 2020. They were approved by the Swiss Parliament with a two-thirds majority. The agreement provides for the free movement of persons, services and goods between Switzerland and the European Union.

The Federal Council invited citizens to inquire about the agreements and to participate in the discussions. It also established a commission of experts to examine the technical aspects of the agreements and to provide advice to citizens.

In Bern, the President of the Federal Council, Alain Berset,

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Source: tio.ch