Oxf_Handbook_Wasserfallen_2024_241207_133850

1. Introduction

Switzerland is strategically located in Europe, making it closely linked to its neighboring countries in various aspects. Despite being a member of the Council of Europe, Switzerland maintains a distinctive position regarding the European Union (EU), having rejected EU membership during the 1992 referendum on the European Economic Area (EEA). This pivotal decision has led to a unique partnership with the EU, characterized by over 120 bilateral agreements aimed at partial inclusion in the EU single market and cooperation in areas like Schengen and Dublin.

2. The Swiss–EU Relationship

The evolution of Swiss–EU relations can be segmented into several key phases:

• EEE Rejection and Bilateral Agreements: After the shock of the 1992 EEA rejection, Switzerland sought a relationship with the EU centered on economic integration albeit with minimal political commitments. This resulted in the signing of the Bilateral Agreement I in 1999, facilitating access to the single market and enhancing cooperation through agreements on the free movement of persons and other sectors.

• Bilateral Agreements II: With the expansion of the EU, particularly in 2004, Switzerland entered into Bilateral Agreements II, which included provisions for Schengen and Dublin, enhancing security and migration management.

• Challenges and Backlash: Despite supportive public votes for these agreements, growing political resistance emerged, particularly from national conservative groups like the Swiss People's Party (SVP), who emphasized concerns over national sovereignty and autonomy. This culminated in the successful 2014 initiative against mass immigration, questioning the current framework of relations.

3. Historical Context of European Integration

A historical overview of EU integration offers insights relevant to the Swiss perspective:

• Economic integration has consistently driven political integration in Europe, as illustrated by the foundational efforts of the European Coal and Steel Community.

• National resistance to political integration, which has been a recurring theme in member states, also resonates in the Swiss context, challenging the narrative of Swiss exceptionalism.

• The necessity of balancing economic opportunities through cooperation with political implications has been vital for EU member states and serves as an essential lesson for Switzerland.

4. Consequences of EU Transformations

The EU's transformation over the past decades — including its eastward expansion and the impacts of Brexit — has profound implications for Switzerland:

• The integration of new member states has increased the EU's complexity and may pose challenges for Switzerland’s selective economic integration model.

• The EU's firm stance during Brexit negotiations, emphasizing the integrity of the single market, has further complicated Switzerland’s desire for flexible integration options, highlighting a shift in EU dynamics.

5. Direct Democracy and Political Dynamics

Swiss direct democracy significantly influences EU relations, demonstrated by referenda impacts:

• In 1992, the rejection of the EEA set a precedent for ongoing public involvement in decisions affecting EU relations.

• The 2014 mass immigration initiative depicted how popular votes can directly challenge established agreements, with Swiss citizens displaying an ambivalence toward EU integration despite previous support for bilateral agreements.

• The continued use of referenda around EU relations suggests a persistent skepticism among the Swiss electorate, warranting a careful approach to any future agreements.

6. Institutional Framework and Future Prospects

The federal government has faced various hurdles in solidifying Swiss–EU relations, particularly regarding the instantiation of a proposed institutional agreement (InstA), focusing on legal harmonization and dispute resolution. The unilateral decision to withdraw from negotiations in 2021 underscores the challenges:

• The InstA, which aimed at better managing existing agreements with flexible legal frameworks, encountered substantial domestic resistance, particularly regarding freedoms related to migration and potential impacts on wage protections.

• Looking ahead, the prospects for Swiss–EU relations hinge on establishing a viable framework that resonates with both Swiss political sentiment and EU principles; Switzerland must navigate the expectations for robust engagement without compromising its national integrity.

7. Conclusion and Recommendations

The evolving political landscape necessitates a recalibration of Switzerland’s approach to EU integration, focusing on mutual benefits and acknowledging the interconnectedness of economic and political integration:

• It is essential for Switzerland to explore agreements that yield visible economic benefits while simultaneously addressing political integration implications.

• Acknowledging the lessons from EU member states regarding the interconnectedness of economic and political arrangements may foster a more productive dialogue.

• Cooperation must be framed in a manner that addresses genuine Swiss concerns around sovereignty while promoting comprehensive engagement within the EU context. This will likely require a significant domestic coalition supportive of a new Swiss model of EU relations.