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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
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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
Author:

Abstract

Both Switzerland and the EEA EFTA States Iceland, Liechtenstein and Norway are non-EU Member States that are, nonetheless, closely linked to the EU and in particular its internal market. The present chapter focuses on the contributions which both Switzerland and the EEA EFTA States have paid to enhance cohesion within the EU. The chapter compares these cohesion payments from a historical and factual perspective, assesses the legal framework underlying the contributions and examines conditionality elements in this context, namely the practice of contributing States to make their payments conditional upon certain facts, be they adherence to common values or the state of relations with the EU. Overall, cohesion payments are marked by significant political room for action within the legal framework. The perspective on the relations with the EU of a contributing State seems to influence the use made of this room for action, with, e.g., Norway treating its contributions more as a part of an overall, durable integration structure, whereas Switzerland seems to perceive cohesion payments predominantly as a political bargaining chip in the relations with the EU.

In: Switzerland and the EU
Author:

Abstract

The EU has tried to play a meaningful role in dealing with the COVID-19 pandemic through common action in a number of fields. However, for the Union’s neighbours, such action may present challenges. Will they be included or left out? This question is particularly relevant for Switzerland, which is fully surrounded by States that are either members of the EU (Austria, France, Germany and Italy) or the European Economic Area Agreement, EEA (Liechtenstein). With Liechtenstein, Switzerland has particularly close ties, not least through the European Free Trade Association, EFTA (which also includes Iceland and Norway). Switzerland and Liechtenstein have cooperated particularly closely on COVID-19 matters. But what about cooperation with the EU? The chapter discusses examples of common EU action in the context of COVID-19 with a view to their legal effects in relation to Switzerland. The examples chosen relate to the availability of supplies and equipment, more specifically: EU export control measures and joint procurement, and to the movement of persons, more specifically: the EU’s traffic light system and the Digital COVID Certificate. There are two guiding questions: First, is Switzerland treated in the same manner as, or different from, its fellow EFTA members, who, different from Switzerland, are also members of the EEA (hence: “EEA EFTA states”)? Second, has the existence, or the lack, of an Swiss-EU agreement, as the case may be, in the field in question been of relevance?

In: Switzerland and the EU