Swiss Review 6/2020

Swiss Review / November 2020 / No.6 6 THEODORA PETER The most significant EU-related popu- lar vote in recent years tookplace on27 September. Its outcome leftno roomfor doubt, with 61.7 per cent of the elector- ate rejecting the “limitation initiative” proposed by the SVP in place of free- dom of movement with the European Union (EU). The “no” vote was there- fore a resounding “yes” to continuing the bilateral relationship with the EU. The majority of voters did not want to jeopardise the status quo with their biggest trading partner. An end to free- dom of movement with the EU would have annulled the other bilateral Focus was the only border canton to support the initiative. Just six years ago, a ma- jority of cantons and voters approved the SVP’s “Stopmass immigration” in- itiative calling for restrictions on im- migration. On that occasion, the Swiss parliament skirted around the issue, thus ensuring freedom of movement remained intact. To the SVP’s displeas- ure, parliament simply granted “na- tional priority” in relation to vacant job positions, in other words people living in Switzerland have priority over applicants fromabroad in sectors with above-average unemployment. The sensitive issue of sovereignty Bloodied but unbowed, the SVP are al- ready looking forward to the next roundof their campaignagainst theEU and its “foreign judges”. They are now targeting the institutional framework agreement throughwhichSwitzerland and the EU aim to establish a new ba- sis for their bilateral relations. A draft proposal has been on the table since 2018 (see “Swiss Review” 2/2019). The SVP are not alone in opposing the new framework agreement either. Most of the other parties across the political spectrum view the outcome of the ne- gotiationswith scepticismor have even rejected the agreement outright. The most sensitive issue is marry- ing Swiss sovereignty with the role of the European Court of Justice. The current draft agreement allows for an independent arbitration panel to me- diate between Berne and Brussels in the event of differences. However, where questions of EU law are con- cerned, whichwould be the case with most issues under contention, the panel would be bound by rulings from the Court of Justice. CVP president Gerhard Pfister sees the role of the European Court of Jus- tice in relation to the framework A stamp of approval, or is it? The Swiss electorate have said yes to partnership with the European Union. However, future bilateral ties with the EU remain less clear. A number of sticking points regarding a new framework agreement have cast a shadow over Swiss-EU relations. Dramatic motifs on both sides of the “limitation initiative” argument – the referendum ended in a chastening defeat for new SVP president Marco Chiesa. Photo: Keystone agreements (guillotine clause). The em- phatic referendumresultwas apainful defeat for Switzerland’s biggest party – on its key issue no less. It came as cold comfort to Ticinese National Councillor and new SVP president Marco Chiesa that Ticino

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