The exchange of letters between Bern and Brussels continues indiscreetly. On Wednesday, Switzerland’s reply to the EU Commission was leaked to the public.
Swiss State Secretary Livia Leu is currently exploring whether there is scope for new negotiations with the EU.
What next for the EU? In the middle of the bilateral ice age, a strange pen pal develops between Brussels and Bern. Although the negotiators had two opportunities to discuss the outstanding issues in person this spring, they now send letters back and forth. The EU Commission started at the beginning of May. She enclosed a questionnaire with her letter in which she raised difficult points and asked for clarification.
One may wonder what the point of the exercise is. Is it really about clarity – or is it more about putting pressure on Switzerland again? Be that as it may: The writing found its way to the media subito.
It was similarly indiscreet on Wednesday: Almost at the same time CH Media and the «fog splitter» reported on the reply from Swiss State Secretary Livia Leu. In it, she goes into all the controversial issues, but refrains from dutifully completing the EU questionnaire. When it comes to neuralgic issues such as wage protection, she repeatedly states that detailed clarification is not yet possible. Exploratory talks are currently underway. If the two sides later start new negotiations, these points would have to be discussed there.
Commitment to the ECJ
On the other hand, after receiving the letter, the EU can hardly argue that the cornerstones of the Swiss plan are unclear. Bern makes some clear commitments. In principle, there is a willingness to introduce the principle of dynamic legal adoption for the free movement of persons and the other agreements concerned. Switzerland also lends a hand in introducing a dispute settlement mechanism. This point is controversial domestically because of the role of the European Court of Justice (ECJ).
However, according to Leu, Switzerland recognizes that only the ECJ can interpret EU law. The EU should be happy about that. At the same time, Leu emphasizes that the specific procedure – such as the question of which institutions should be involved – must be clarified later in negotiations. In Switzerland there are circles who hope that the Federal Supreme Court will be involved.
In contrast to the failed framework agreement, the Federal Council now wants to regulate all these issues “vertically” – separately in each agreement. According to Leu’s letter, however, it is conceivable that the same rules will be anchored in all contracts.
Just don’t challenge the pawns
At the same time, Leu emphatically emphasizes that the assumption of rights and the settlement of disputes are concessions that Switzerland will not make without the EU’s concessions. In particular, she insists on exceptions and protective measures. Leu names these concerns: wage protection, no immigration into social assistance, no additional hurdles in the deportation of delinquent EU citizens.
Another note makes you sit up and take notice: Switzerland is also demanding exceptions for the two new agreements that it wants to negotiate (electricity supply and food safety). On another point, the state secretary unceremoniously provides clarity: the modernization of the free trade agreement desired by the EU cannot be part of the package – also because of the lack of domestic political acceptance (keyword: agriculture). This, writes Leu, has already been explained verbally.
The desire for further correspondence seems to be small in Bern. Leu suggests clarifying the next steps at a meeting in the coming days. In Bern, it is also expected that the Federal Council will decide on how to proceed before the holidays.