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The definitive EU negotiating mandate has not yet been decided, but disputes are already breaking out over the vote.
Even before the definitive mandate for negotiations with the EU is in place, there is talk of the vote. European law experts, parliamentary commissions and the SVP are arguing whether the bill requires the majority of votes from the people and the cantons or not.
“No supranational elements”
The new EU treaties do not have to be accepted by the people and cantons, says Astrid Epiney, professor of European law at the University of Freiburg. All that is needed for the contract package with the EU is the consent of the people. The European lawyer argues with the constitution; This only provides for a mandatory referendum for state treaties in certain cases.
The constitution provides for a mandatory referendum exclusively on accession to supranational institutions.
Double consent is needed to join international communities such as the EU: “The constitution provides for a mandatory referendum exclusively for accession to supranational institutions. There are no supranational elements in the negotiation result as we know it today.” Astrid Epiney is more pro-European; she was a member of the EU-friendly network ProgreSuisse. She sees no content in the draft negotiating mandate with the EU that would necessarily justify the majority.
“Switzerland of all places”
Carl Baudenbacher, long-time president of the EFTA Court and a critic of the current draft mandate, has a different opinion. Switzerland must continue to adopt EU law and in disputes the EU Court of Justice will have the last word: “The opposing court has never been recognized by anyone in Europe, with the exception of four Soviet republics.”
Of all places, Switzerland, which made such a fuss about the foreign judges, is the first Western country to offer a hand in something like this.
He means Georgia, Armenia, Moldova and Ukraine. The EU wanted to take these former Soviet republics by the hand because they had economic difficulties and corruption problems: “And Switzerland, of all places, which made such a fuss about the foreign judges, is the first Western country to do something like this offers.”
The Europe expert doesn’t think much of the arbitration court either; disputes over the interpretation of the agreements would arise. Although it is supposed to be filled with judges from both sides, for him the arbitration tribunal is just a water heater; At most it could rubber-stamp the judgments of the ECJ. Baudenbacher believes that it is unrealistic that Switzerland can still negotiate exceptions to the transfer of rights in Brussels; it is too late for that. He sees the draft negotiating mandate as a first step towards EU accession. That is why more people and classes are essential.
“Majority of cantons mandatory”
The SVP also finds a double majority necessary for a vote, says the future SVP president, National Councilor Marcel Dettling: “If we sign this framework agreement, then Swiss sovereignty will be gone in many areas, and therefore the majority of the cantons must also agree . Or she just has to reject him, that would be my hope.”
National Councilor Magdalena Martullo-Blocher is a member of the Economic Commission. For her, it is also a question of decency towards the cantons, especially the smaller ones: “We have this balanced system in Switzerland. We’re not just going to throw it overboard in favor of the EU.”
The Federal Council wants to adopt the definitive mandate in the spring and then begin negotiations with the EU.