Switzerland insists on self-determination over immigration, rejecting intervention from the EU.

The Unyielding Standoff: Switzerland's 'Safeguard Clause' and the EU

Switzerland insists on self-determination over immigration, rejecting intervention from the EU.

Ever since the negotiations between Switzerland and the European Union began in March 2024, the 'safeguard clause' attached to the Free Movement of Persons Agreement (AFMP) has been a thorny issue between the two parties. Switzerland is holding firm onto this provision, while Brussels is adamant on its elimination.

This clause was a precautionary measure added to the AFMP when it was drafted at the close of the 1990s. Desiring to forestall potentially overwhelming immigration from the EU, Switzerland requested and was granted the right to reintroduce temporary permit quotas for foreigners if the influx from any country surpasses a certain limit.

In-depth Reading: The Perplexing Impasse over the 'Safeguard' Clause on Immigration

In the current round of negotiations, however, the EU has refused to grant Switzerland the privilege of having a unilateral safeguard clause to control its immigration rate. The EU's stance on this matter is that such a move would "cross the line."

"Exceeding Acceptable Limits"

In Switzerland, political figures and economists alike maintain that the clause must be preserved. As Christoph Mäder, president of the Economiesuisse business federation, stated in an interview with Neue Zürcher Zeitung on December 18th, the government should have the power to manage immigration if it becomes unacceptable.

Although conceding that "Switzerland crimps from the free movement of people and will continue to rely on skilled foreign workers," Mäder also pointed out that recent years have seen an excessive immigration rate. He explained that economic migration is often disconnected from labor market requirements, instead putting a strain on resources, and the infrastructure is not designed to handle such a large influx of people.

Conssequently, Switzerland needs the flexibility to manage the flow of EU workers independently of what Brussels desires, Mäder emphasized.

An Undisputed Need for foreign Workers

Over the past two decades, Switzerland has been heavily reliant upon workers from the European Union - currently numbering over 1.4 million – and EFTA (Norway, Iceland, and Liechtenstein) to fulfill its requirement for qualified skilled workers.

According to the State Secretariat for Economic Affairs (SECO), "immigration from the EU has been crucial to meet labor demands." The AFMP has enabled Swiss companies to tap into the labor pool of the EU, especially for meeting the demand for skilled personnel.

This sentiment is echoed by most Swiss politicians and citizens, who have supported keeping immigration even in past referendums. However, the right-wing Swiss People Party's latest initiative, the 'No to a Switzerland of 10 Million People' initiative, is yet to be put to a vote. Despite this, general sentiment in Switzerland is that immigration per se is not a problem, but giving control over it to Brussels is.

"No Chance with the People"

Switzerland has little incentive to transfer its immigration policy control to the EU. This is mainly due to Switzerland's unique system of direct democracy. Any deals that Bern negotiates with Brussels will not automatically become law. Instead, as is always the case, Swiss citizens will have the final say in a referendum, either accepting or rejecting the agreements reached by Bern and Brussels.

As Mäder stated, "the referendum concerning immigration policy stands no chance with the people."

In-depth Reading: Switzerland on the Verge of a Deal with the EU, but Hurdles Still Linger

Despite the EU's opposition, Switzerland insists on retaining the 'safeguard clause' in the Free Movement of Persons Agreement, seeking to maintain control over immigration rates.
The safeguard clause, a measure added in the 1990s, gives Switzerland the right to reintroduce temporary permit quotas for foreigners if the immigration from any country surpasses a certain limit.
Politics and economists in Switzerland argue that the clause is crucial for managing immigration, as excessive immigration can strain resources and infrastructure, and economic migration can sometimes be disconnected from labor market requirements.
Switzerland's direct democracy system ensures that any immigration policy changes, including those negotiated with the EU, must be approved by the citizens in a referendum, making it unlikely for Switzerland to relinquish control over its immigration policy.