favour. This would suit opponents of the package, who say a majority of the cantons is necessary because the agreements impinge on the Federal Constitution. But the Federal Council sees no absolute legal basis for this. Supporters believe a simple majority of the electorate is sufficient, as was the case in the votes on Bilaterals I and II. The chances of a yes vote increase if a majority of the cantons is not required. Parliament must ultimately decide which voting procedure will apply. What happens if there is a no vote? If the package of agreements fails to pass, the existing bilateral agreements remain valid but, according to the Federal Council, will become less important and effective because they will no longer be updated. Maintaining the status quo is not an option for supporters, because Switzerland would not be able to strike new deals with the EU in areas like the electricity market if bilateral relations are not stabilised. Switzerland also risks being excluded from EU schemes like the Horizon research programme. But opponents say Switzerland should go it alone and secure free trade agreements around the world instead of signing EU treaties. THEODORA PETER See our EU dossier: www.revue.link/euswiss Information from the Federal Council: www.revue.link/package It can refuse to adopt a rule outright but, in doing so, would have to expect retaliatory measures from Brussels. Dispute resolution is another tricky issue. If Berne and Brussels disagree on how an agreement should be interpreted, an independent arbitration panel steps in. If a conflict involves a question regarding the interpretation of EU law, the arbitration panel must refer the matter to the Court of Justice of the European Union (CJEU) in Luxembourg, whose job is to ensure that EU law is followed and applied in the same way across the EU. The Federal Council has emphasised that the CJEU cannot decide on specific disputes or intervene of its own accord in arbitration proceedings. What do the political parties think? The rightwing-conservative SVP is the only government party to oppose the package categorically, warning of “foreign judges” and a loss of Swiss sovereignty. The other parties represented in the Federal Council – the SP, FDP, and Centre – essentially support the new package, as do the Greens and the Green Liberals. The trade unions are also in favour, provided parliament approves measures to protect wages. The economiesuisse business federation, for its part, believes that the agreements are crucial to Switzerland’s competitiveness. Is the “Fifth Switzerland” affected? Essentially, nothing will change for the 540,000 or so Swiss Abroad who currently live in European countries. But future generations of Swiss who wish to benefit from freedom of movement and emigrate to the EU will be affected. The advantages of free movement also include mutual recognition of university qualifications and the transferability of social security rights. Can Switzerland limit immigration unilaterally? As a rule, citizens of EU states may live, study and work in Switzerland thanks to freedom of movement. However, Switzerland has negotiated a safeguard clause stipulating that it can limit immigration if “serious economic or social problems” arise. But the EU would likely retaliate – for example, by enforcing reciprocal immigration restrictions on Swiss citizens (see also the article on pages 26 and 27 about the vote on the “No to a Switzerland of 10 million” initiative). When will the electorate vote on the Swiss-EU package of agreements? First of all, the National Council and the Council of States are expected to review the package, starting in the 2026 autumn session. The extensive and complex agreements constitute one of the biggest agenda items of recent years. Ratification will require parliament having to amend 36 pieces of legislation and pass three new laws. Consultations are, therefore, likely to drag into 2027, with voters possibly not having their say until 2028. It is still unclear whether the vote will only require a simple majority of the electorate, or whether a majority of the cantons will also be necessary for a binding result. The voting procedure is a highly contentious, politically charged issue. Why is a majority of the cantons pivotal? The bar for a yes vote is raised if the majority of cantons must also vote in Consultations are likely to drag into 2027, with voters possibly not having their say until 2028. Swiss Review / July 2026 / No. 3 25
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