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Switzerland - European Union: An Impossible Membership?

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Switzerland - European Union: An Impossible Membership?

SCHWOK, René

Abstract

The author guides us expertly through the thickets of referendums (no fewer than fourteen from 1972) in which Swiss citizens have been given the opportunity to pass judgment on the European question. Most importantly, this volume explains why the Swiss still oppose joining the European Union. It examines the thorny questions of identity, reservations on policy matters (preserving neutrality, direct democracy and Swiss style federalism), not to mention doubts regarding the economy. Paradoxically, the closer Switzerland gets to the EU through bilateral agreements, the more distant prospects of joining the EU seem to become. This is the conundrum at the heart of the relationship between the Swiss Confederation and the European Union which is expertly explored in this volume.

SCHWOK, René. Switzerland - European Union: An Impossible Membership? . Brussels : P.I.E-Peter Lang, 2009, 158 p.

Available at:

http://archive-ouverte.unige.ch/unige:4795

Disclaimer: layout of this document may differ from the published version.

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Contents

Acknowledgements... 7

Preface... 13

List of Abbreviations... 15

Chronology of Events... 17

CHAPTER 1. Introduction... 19

CHAPTER 2. The First Four Decades... 23

The EU Prior to 1993... 23

European Free Trade Association (EFTA) ... 24

The 1973 Free Trade Agreement ... 25

Negotiations for a European Economic Area (EEA) ... 26

CHAPTER 3. The European Economic Area (EEA)... 29

The Originality of the EEA... 29

The Historic Referendum of December 6, 1992 ... 30

The Language Divide... 32

The Theory of Rational Choice... 34

CHAPTER 4. The First Bilateral Agreements... 37

Negotiations for the Bilateral Agreements I ... 38

Overland Transport ... 39

“Free Movement of Persons”, Which Is, in Fact, Free Establishment ... 42

Referendum on the Bilateral Agreements I – May 21, 2000 ... 46

Referendum on an Extension to 8 Central and Eastern European Countries – September 25, 2005 ... 48

Referendum on the Cohesion Fund for CEECs – November 26, 2006... 49

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Referendum on Both the Renewal of the Free Establishment of Persons and the Extension to Romania and Bulgaria –

February 8, 2009 ... 51

CHAPTER 5. The Bilateral Agreements II... 53

Taxation of Savings ... 54

Customs Fraud ... 59

Schengen/Dublin... 60

The June 5, 2005 Referendum on Schengen... 63

The May 17, 2009 Referendum on Biometric Passports Required by Schengen ... 65

CHAPTER 6. Pursuing a Bilateral Path... 67

Additional ad hoc Agreements. A Breakdown of Twenty Pending Issues... 67

Customs Union ... 68

A More Encompassing Vision: Eliminating Border Tax Controls... 70

Towards a Framework Agreement?... 71

EU Attacks on Swiss Cantons’ Tax Privileges ... 77

Continuation of the Bilateral Approach... 77

CHAPTER 7. Accession to the EEA... 79

Differences in Terms of Content ... 79

Differences in Terms of Structures... 81

CHAPTER 8. Accession to the EU... 83

Consequences of Accession... 83

Such Resounding Opposition Is Unique in Europe... 86

A Constantly Sidestepped Discussion... 87

The Lega Initiative – June 8, 1997... 88

The New Swiss European Movement Initiative – March 4, 2001 ... 88

A “Pick ‘n’ Choose” Accession... 89

CHAPTER 9. Why Switzerland Refused to Join the European Union... 93

The Question of Identity ... 93

Neutrality ... 98

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Direct Democracy ... 103

Federalism... 111

Economic Obstacles... 116

CHAPTER 10. Conclusions: Interesting Paradoxes... 127

Switzerland Is Sometimes More Integrated than Some Member States ... 127

The Bilateral Agreements Are not Original from a Legal Point of View ... 128

The Swiss Case Defies a Number of Principles... 129

The Swiss Case Defies a Number of Theories... 129

Switzerland and the EU, the Ever-fleeing Horizon... 130

Bibliography... 133

Useful Internet links... 139

Annex. The Swiss Political System... 141

About the Author... 151

Index... 153

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