Institutional elements are a prerequisite for the EU
Published: Monday, Apr 29th 2024, 10:21
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In future, Switzerland and the European Union (EU) will be able to settle their differences in court. Depending on the law, the European Court of Justice (ECJ) would be responsible for interpreting the law. Switzerland is also to dynamically adopt certain EU laws. These are the institutional elements that the Federal Council is currently negotiating with the European Commission.
The institutional elements are to be applied in the areas of the internal market agreements. These are currently the agreements on the free movement of persons, land transport, air transport, agriculture and the recognition of conformity assessments. In addition, new agreements on electricity and food safety are to be subject to the institutional elements.
On the one hand, the regulations should ensure that there is no discrepancy between Swiss law and EU law. On the other hand, the agreements should be interpreted uniformly. The aim is to enable Swiss companies to access the EU single market without discrimination, according to a fact sheet published by the Federal Council.
For the EU, the institutional elements are a prerequisite for Switzerland's continued participation in the single market, as stated in the EU's negotiating mandate. It is listed first in the mandate and comprises three of the ten-page document.
Switzerland speaks with dynamic takeover
Switzerland should undertake to adopt EU law "dynamically" in the area of internal market agreements. This adoption practice is already common practice in the area of Schengen, for example.
Dynamic means that Switzerland can get involved in the development of EU law. It can participate in discussions, but not in the decision-making process. In a second step, Switzerland - like the EU member states - must transpose EU law into national law within a specified period.
The Swiss rules of the game apply to implementation. For example, a referendum can also be held to bring about a popular vote. However, if Switzerland does not adopt EU law, the EU can take "proportionate compensatory measures", writes the Federal Council.
ECJ interprets EU law
In the event of disputes concerning the internal market agreements, members of the Swiss and EU authorities are to seek a political solution in a joint committee, as was previously the case. If the case cannot be resolved in this way, a joint arbitration tribunal will now be convened.
If the dispute raises a question regarding the interpretation or application of EU law, the arbitration tribunal should submit the question to the ECJ for a binding interpretation. In any case, the arbitration tribunal will decide on the dispute, as the Federal Council writes in its negotiating mandate.
If one side does not comply with the arbitration tribunal's decision in the opinion of the other side, it can take compensatory measures, according to the fact sheet. The parties could in turn have these measures reviewed by the arbitration tribunal.
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