The Swiss Federal Council’s Beat Jans has sparked controversy with a recent statement regarding the planned safeguard clause for EU immigration. According to Jans, Switzerland can control immigration, a claim that contradicts the details of the new bilateral agreement with the EU.
Switzerland has traditionally been in a tense standoff with the European Union on the issue of immigration, with Bern considering a cap on the number of immigrants, particularly in the face of rising rents and strained housing conditions, while the EU Commission vehemently defends the freedom of movement as a central pillar of European integration.
The statement by Jans, who will not propose a counter-measure to the SVP’s initiative to cap the Swiss population at 10 million, has been met with a cautious and skeptical response in Brussels. Experts point out that the safeguard clause can only be applied under very restrictive conditions, requiring Switzerland to be in a state of economic crisis and for that crisis to be directly linked to immigration from the EU. A European court would also need to recognize the necessity of the measure.
Given Switzerland’s current stable economic situation, it is hard to imagine the clause being applied at all. The fact that a EU court would have the final say could be seen as a joke.
Experts also question the feasibility of a fixed annual cap on immigration, suggesting that regional or time-limited restrictions might be more plausible, but their effectiveness remains uncertain. A regional restriction could disadvantage companies in certain cantons, while a time-limited measure would not address the structural challenges of the housing market.
Another point of confusion lies in the jurisdiction over the measures. The Federal Council gives the impression that it can take counter-measures, but in reality, the final decision lies with the planned EU arbitration court. While it remains to be seen if Switzerland would disregard the court’s decision in a crisis situation, it is contractually obligated to accept its rulings.
It is unclear how strictly the European Union will hold to the principle of freedom of movement in its dealings with Switzerland. Official representatives, including EU Commissioner Maroš Šefčovič, have repeatedly emphasized that a unilateral restriction by Switzerland is not acceptable. However, the political landscape plays a role, with the EU currently facing economic pressure from the US and China.
Against this backdrop, Switzerland has gained importance as a stable, democratic partner. The recent agreement has been seen as a diplomatic success in Brussels, but whether this will lead to a more flexible approach to the principle of freedom of movement remains uncertain.
The EU Commission is also under pressure to defend the fundamental freedoms of the Union. The freedom of movement is seen as one of the central achievements of the EU. Already in the past, many European reform initiatives have been watered down or blocked in their dealings with Switzerland – a retreat on the freedom of movement could be seen as a further sign of weakness.