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In: The Third-Party Liability of International Organisations
In: The Third-Party Liability of International Organisations
In: The Third-Party Liability of International Organisations
In: The Third-Party Liability of International Organisations
Towards a ‘Complete Remedy System’ Counterbalancing Jurisdictional Immunity
In the broader context of the accountability of international organisations, this book focuses on the obligation of the United Nations - like many other organisations - to ‘make provisions for appropriate modes of settlement of ... disputes of a private law character’ to which it is a party. The book advocates a systematic approach in conformity with the rule of law in discharging that obligation. That is needed to increase the legitimacy of international organisations, while bolstering their jurisdictional immunity. The work also develops the basic features of a comprehensive dispute settlement mechanism, complemented by a new United Nations convention.
Volume Editors: and
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
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Abstract

This chapter examines the Agreement on the free movement of persons (AFMP) between the EU and Switzerland. After a discussion on the AFMP’s unique political and legal framework, the chapter focuses on two aspects of the integration of EU acquis on the free movement of persons after the signature of the AFMP: on the one hand, the (almost) complete integration of the EU social security coordination rules in Annex II and, on the other hand, the lack of integration of the EU Citizens’ Rights Directive 2004/38 into the acquis of the AFMP. Particular attention is devoted to the social security rights of frontier workers and access to social assistance for job-seekers. The aim is to understand, through these case studies, why the AFMP continues to be a contentious piece of the integration process between the EU and Switzerland.

In: Switzerland and the EU

Abstract

The present chapter discusses the specific cooperation between the EU and the Swiss Confederation in the CFSP terrain. It examines the many areas where the two parties have collaborated, and gleans some insight into the variety of instruments and specific modalities of this cooperation, as compared to the arrangements the EU has elaborated with other European States. The chapter also explores (legal) avenues for possible expansion of the CFSP cooperation between the two (difficult) partners, particularly in view of the EU’s development of its foreign policy, security and defence policies since the entry into force of the Treaty of Lisbon, and against the backdrop of the Russian invasion of Ukraine.

In: Switzerland and the EU