After pausing to mull things over, the Federal Council decided in February 2022 to retackle the EU dossier. Instead of an “unpalatable” framework agreement, the government is now relying on a package containing various elements. The aim is to secure access to the European internal market, enable new agreements – e.g. for electricity – and restore associations with EU programmes such as Horizon Europe. Institutional issues, like which jurisdiction has authority in the event of a dispute, would be regulated separately in each case. The crux of the matter is that the EU Commission has so far explicitly refused to consider a procedure that would regulate these fundamental issues “on a case-by-case basis”. It also maintains that the European Court of Justice should be involved in disputes, a proposal that faces strong political resistance within Switzerland. The Federal Council nevertheless hopes there will be a growing realisation at EU headquarters that maintaining the bilateral approach is also in its own interest. Since the spring, Livia Leu, the state secretary responsible for the dossier, has been testing the waters in Brussels. As of press time, several meetings between the negotiators had taken place. Nevertheless, it will probably take some time yet before new negotiations are held at the highest political level. The Federal Council does not want to decide on a mandate until there is “a sufficient basis” for it. So far, the positions are still “wide apart”, as the Federal Council made clear in mid-June. No sign of a thaw yet. also influences students and professors who are suddenly hesitant about coming to Switzerland. And Horizon Europe is also vital for the transfer of technology, which leads to the founding of start-ups and SMEs as well as job creation in companies and the field of research. Essentially, the university representatives all agree that Horizon Europe plays a key role in Switzerland’s prosperity and position as an economic hub. Flückiger believes that the Federal Council should not start focusing on securing new research partnerships outside the EU, since research competition takes places primarily between the EU, the USA and China, which is why Switzerland’s non-association remains the true problem. When questioned, the EU delegation’s response is that Swiss researchers have always been welcome and valued partners in EU research programmes – and they still are. “Swiss researchers are allowed to participate in Horizon Europe projects under the conditions that apply to non-associated third countries. To obtain full association, which includes eligibility for EU funding, the EU regulation requires third countries to enter into an umbrella agreement governing the conditions and terms of association. Further developments on this issue must be considered in the context of the overall relationship between the EU and Switzerland.” The EU is therefore putting pressure on Switzerland to comprehensively define its relationship with its European neighbours. Until then, the EU sees no reason to give Swiss research any preferential treatment. So far, neither the efforts of Swiss diplomacy nor an appeal by researchers have altered the situation. ETH Board President Michael Hengartner states that this situation is not only detrimental to Swiss researchers, but also to European research itself: “This is unequivocally a lose-lose situation.” Overshadowed by the 2023 elections Within Switzerland there is no consensus on how to proceed with the EU issue either. The parties are trying to outdo each other with their own strategies and action plans – while at the same time lamenting that no progress is being made in finding a solution. In the view of political analyst Fabio Wasserfallen, professor of European politics at the University of Bern, the fact that the Federal Council is not moderating the debate conducted in Switzerland more forcefully is evidence of a leadership vacuum: “Unfortunately, there is a disconnect between domestic and foreign policy.” According to Wasserfallen, the task of reunifying these two should fall to the Swiss government. “The package must be broadly accepted at a political level if it is to have a chance in a referendum.” If this is achieved, the Federal Council could use realistic models to demonstrate how Swiss interests would be safeguarded and any concessions well mitigated. “To accomplish this, the committee would have to agree on a common approach and follow it through in the longer term.” Yet the more time that passes, the more the tendency will be to wait for the federal elections in autumn 2023, concludes the political analyst. Depending on how the different parties fare, the cards will be reshuffled as the new government takes shape. “Ideally, however, there should still be opportunities to discuss the pros and cons of the Federal Council’s EU plan before the elections.” This would make everyone show their hand in the coming election year. THEODORA PETER Testing the choppy waters in Brussels: Swiss State Secretary Livia Leu. Photo: Keystone Swiss Review / October 2022 / No.5 7
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