Eu-Swiss Agreement Free Movement Of Persons

Published on April 9, 2021

This is called the “guillotine clause.” While the bilateral approach theoretically guarantees the right to refuse the application of the new EU rules to Switzerland, the clause limits the scope of application in practice. The agreement on the European Economic Area contains a similar clause. final notification of the completion of the procedures necessary for the entry into force of the seven agreements in the areas of the free movement of persons; Air and land transport, public procurement, scientific and technological cooperation, mutual recognition in the assessment of compliance and trade in agricultural products between the European Community and its Member States, on the one hand, and the Swiss Confederation, on the other, signed in Luxembourg on 21 June 1999 and which took place on 17 April 2002, these agreements come into force simultaneously on 1 June 2002. The Swiss lists of Appendixes C and D of Directive 92/51/EEC are drawn up as part of the implementation of this agreement. 5. The transitional provisions covered in paragraphs 1 to 4, in particular the provisions of paragraph 2 relating to the priority of integrated workers in the ordinary labour market and the control of wage and working conditions, do not apply to salaried and non-salaried workers authorized to engage in economic activity on the territory of the contracting parties on the effective date of this agreement. These people benefit in particular from professional and geographical mobility. Holders of residence permits valid for less than one year are entitled to an extension of their validity; depletion of the maximum quantities cannot be invoked against them. Holders of residence permits valid or longer than a one-year period are automatically entitled to the renewal of their residence permit. These salaried and non-salaried workers therefore enjoy, as soon as they come into force, the right to free movement which is granted to persons established in the fundamental provisions of this agreement, and in particular of Article 7. The seven agreements are closely linked by their entry into force at the same time and no longer apply simultaneously six months after receiving a notification of non-renewal or termination of one of them.

[6] In order to facilitate access and the exercise of salaried and unpaid worker activities in the Member States of the European Community and Switzerland, as well as the provision of services, the contracting parties take the necessary measures with regard to the mutual recognition of diplomas, patents and other qualifications, as well as the coordination of the laws, regulations and administrative provisions of the contracting parties concerning the access and exercise of activities of salaried and non-employee worker, as well as the provision of services.