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BREXIT

IMMIGRATION

Swiss-EU talks ‘must’ resume this summer

Switzerland will insist it is heard in Brussels and not cast aside by last week’s Brexit vote, the Swiss president has said, confirming he will push to resume immigration negotiations with the EU before the summer break.

Swiss-EU talks ‘must’ resume this summer
Scheider-Ammann will seek talks with European Commission President Juncker. File photo: Emmanuel Dunand

In an interview with Sunday papers including Le Matin Dimanche, Johann Schneider-Ammann said he would insist the EU addresses the Swiss question “before Brussels goes on holiday”.

“[European Commission President] Jean-Claude Juncker told me, at the beginning of the year, that should Brexit occur there would be no more time to deal with Switzerland,” he said. “But we insist that, even now, the Commission and its president listen to us.”

Switzerland has until February 2017 to decide how to implement a popular initiative demanding limits on immigration, which was backed by the right-wing Swiss People's Party (SVP) and narrowly approved by public vote in 2014.

As with Thursday’s Brexit referendum, the narrow victory was a surprise and revealed a stark country-city divide over immigration fears.

Limiting immigration goes against Switzerland’s bilateral agreement with the EU over the free movement of people, and contradicting it could put the country’s other bilaterals in jeopardy.

Negotiations on the subject were on hold until Britain’s referendum and have now been made more difficult by the UK’s decision to leave the EU, a ‘divorce’ which looks set to occupy Brussels for years.

But finding a deal to keep Switzerland’s bilaterals is essential, said Schneider-Ammann.

“To preserve jobs in Switzerland Swiss companies must have the same conditions as their European competitors. That’s what counts,” he told Le Matin Dimanche.

Now Switzerland must act quickly to ensure it is not overshadowed, a Brussels-based Swiss lawyer Jean Russotto told Le Temps on Saturday

Brexit is not a good enough reason for the EU to keep talks with Switzerland on hold, he said, and Bern should push to find an agreement this summer.

If talks do not restart swiftly, Switzerland “risks hitting a wall and causing a long delay before dialogue with the EU resumes”.

“Clearly for Switzerland, Brexit represents a particularly delicate situation for the future, especially for the survival of our relationship with the EU,” Russotto told Le Temps.

But the Swiss government has a deadline to meet, and should not wait to “pursue a dialogue that has been underway for two years”, he said.

“Switzerland must take the initiative,” he insisted, adding that the current Brexit crisis could “lead to solutions more creative and flexible than the EU or Switzerland have ever dreamed of”.

Many in government, including the Swiss president, must be hoping that’s true.

Speaking to Le Matin Dimanche Schneider-Ammann warned that the idea of a safeguard clause putting fixed limits on immigration to Switzerland now has “no chance” of being accepted by Brussels.

The president backs a more nuanced solution proposed by former secretary of state Michael Ambühl, which suggests limits could be imposed by sectors or regions if immigration causes problems in certain areas.

For example, if there’s a surge in the number of immigrant taxi drivers to Ticino, the government could act to limit immigration in that sector and region, he said.

Failing to find an agreement and imposing a unilateral solution instead “would cause us immediate difficulties with the EU,” he said.

Russotto agreed, telling Le Temps that if Switzerland went ahead with a unilateral approach it would be “a surefire way to provoke confrontation” and lead to Switzerland’s banishment from EU programmes including the Horizon 2020 research project.

But not everyone agrees.

Speaking on his own TV channel Teleblocher, Christoph Blocher, former vice-president of the SVP, said Switzerland should follow its own path and stop trying to seek an agreement with the EU.

Blocher said he hadn’t expected Friday’s shock Brexit outcome and was “annoyed with himself that he hadn’t had faith in the English”.

The leave vote will bring opportunities for Switzerland, he said, if the government knows how to make the most of it.

“We can do better than the EU,” he said.

Switzerland should be pleased that it is no longer the only country to follow its own path, he added.

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BREXIT

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Brexit really does mean that Britons are no longer EU citizens. Claudia Delpero looks at whether there's any other way they can keep their rights.

Is new court ruling the end for Britons fighting to remain EU citizens?

The Court of Justice of the European Union confirmed on Thursday that Britons lost EU citizenship when the UK left the EU, on 1st February 2020. 

It is the first time the EU’s top court has rules on the matter, after a number of legal cases challenged this specific Brexit outcome. The decision also sets a precedent should other countries decide to leave the bloc in the future. 

What has the EU Court decided?

The Court of Justice decided on a case brought by a British woman living in France.

Before Brexit, she could vote and stand as a candidate in her town of residence, Thoux. But after the UK withdrawal from the EU, she was removed from the electoral roll and excluded from the municipal elections that took place in March 2020, during the transition period.  

As the mayor refused her appeal to restore the registration, she took the case to the regional court in Auch, which agreed to request an interpretation of the rules to the EU top court. 

Julien Fouchet, the barrister supporting her and several other cases on the EU citizenship of British nationals, argued that the loss of EU citizenship and voting rights was disproportionate. It would also be contrary to the EU Charter of Fundamental Rights, given that the woman also lost her voting rights in the UK, having lived abroad for more than 15 years.

Alice Bouillez, who has lived in France since 1984 and is married to a French national, could have applied for French citizenship, but did not do so because she said “this was not necessary” before Brexit and, as a former UK official, she had taken an oath of allegiance to the Queen.

On Thursday the Court of Justice announced the decision about her case. The court ruled that the “possession of the nationality of a member state is an essential condition for a person to be able to acquire and retain the status of citizen of the Union and to benefit fully from the rights attaching to that status.”

The court therefore confirmed that British nationals automatically lost their EU citizenship as a result of Brexit and, as a consequence, Britons also lost their voting and electoral rights in municipal elections in the EU (unless the country where they live set different rules). 

What is EU citizenship?

EU citizenship was introduced by the Treaty of Maastricht of 1992, when borders were opening and the bloc was integrating economically after the end of the Cold War. 

Under the treaty, every person holding the nationality of an EU member state is a citizen of the Union. EU citizenship is additional and does not replace nationality, the treaty specifies. But this creates the first form of a transnational citizenship that grants rights across borders.

EU citizens have the right to access each other’s territory, job market and services under the principle of non-discrimination. If they are economically active, they have the right to reside in other EU states and be joined by family members, access healthcare at the same conditions of nationals (for emergency treatment also when travelling temporarily), obtain social security benefits and see their professional qualifications recognised.

Beyond free movement, at the core of EU citizenship there are also political rights, such as participating in the European Parliament election, voting and standing as candidates in municipal elections when living in other EU countries, receiving consular protection from other EU states outside the EU, and taking part in European Citizens’ Initiatives asking to the EU to legislate on certain matters. 

Which EU citizenship rights have Britons lost with Brexit? 

For British citizens who were living in the EU before Brexit, the Withdrawal Agreement protects some of these rights. Britons covered by deal have their residence, access to work and education, healthcare, social security and qualifications secured, but only in the country where they were living before Brexit.

But the right to free movement in other EU states, consular protection in third countries, and the political rights attached to EU citizenship were lost, the Court confirmed. 

For British citizens in the UK, the trade and cooperation agreement has preserved some social security rights and, in theory, the possibility to have professional qualifications recognized when moving to an EU country. These provisions however lack details and may take a long time before they work in practice. 

As the “European Union” no longer features on British passports, the possibility to access EU lanes at airports to skip passport control queues has also vanished. 

“The loss of those treasured rights has been clear to those of us living in the EU from the early days of Brexit. But for Brits in the UK, the realities of life outside the EU, and the consequences of Brexit, are only just dawning. Long queues at the borders, roaming charges, obstacles to working abroad, etc. are the new reality,” said Sue Wilson, Chair of the group Remain in Spain. 

While she said the court’s decision was “no real surprise,” she argued that “this is not the Brexit the public were promised, or that the majority voted for.”

Can British citizens get some of these rights back?

Julien Fouchet was disappointed at the Court decision and promised to continue the legal fight, bringing the case at the European Court of Human Rights (which is not an EU institution). 

Other two cases on the matter of EU citizenship for British nationals are still pending at the Court of Justice of the EU. One of them aims to determine whether EU citizenship is a “fundamental status” that cannot be removed but Thursday’s decision could have already provided the answer.

Another option to reconsider some of the rights is the renegotiation of EU-UK trade agreement, when it will be reviewed in 2025. 

Meanwhile, the EU is revising the rules for non-EU citizens living in EU countries on a long-term basis, making it easier to move across borders. 

Applying for citizenship is so far the only option to regain voting rights, although not all EU countries allow dual nationality. 

Sue Wilson, who has long campaigned for the UK to stay in the EU, said: “There is only one way to restore the loss of our rights, and that’s to rejoin the single market, rejoin the customs union, and eventually, rejoin the European Union… Until that day, we will continue to be second class citizens whose rights have been diminished for the sake of an ideology.”

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